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On February 15, 2024, the House Veterans’ Affairs (VA) Health Oversight Committee held a hearing to discuss Artificial Intelligence at VA, reviewing what is currently happening and what could be implemented in the future.
In today’s digital age, the protection of sensitive health information has become a priority for Congress. The Health Insurance Portability and Accountability Act (HIPAA), a federal law enacted in 1996, has long been the cornerstone of health data privacy in the United States. HIPAA sets the national standards for health data privacy and security, ensuring your health information is kept confidential and secure. It’s like your personal gatekeeper for medical records. However, as online data collection has grown, cyberattacks are increasing. Lawmakers and officials at the Department of Health and Human Services (HHS) have recognized the need for more comprehensive safeguards to protect health data privacy.
HHS & FTC Enforcement
HHS Office for Civil Rights (OCR) plays a crucial role in enforcing HIPAA; this office ensures that covered entities, such as health plans, health care providers, and health care clearinghouses, comply with HIPAA Privacy and Security Rules.
Additionally, the Federal Trade Commission (FTC) enforces the FTC Act and the Health Breach Notification Rule. The Health Breach Notification Rule applies to vendors of personal health records (PHR), PHR-related entities, and third-party service providers. This rule covers businesses not covered by HIPAA. The FTC Act prohibits deceptive or unfair acts or practices in commerce, including misleading consumers about health information handling. It enforces the idea that companies must ensure their health data practices do not cause more harm than good.
Gaps
However, despite regulatory efforts, gaps remain in HIPAA that can only be addressed by Congress. The law does not cover data collected by wearable devices, smart devices, health and wellness apps, and other digital health technologies that fall outside traditional healthcare settings. (Xanax online) Companies may use this information for marketing purposes or share and sell your information to profit, depending on state law. In a House Energy and Commerce hearing in December of last year, witnesses discussed how Artificial Intelligence (AI) presents new challenges since AI models do not have HIPAA protection for the data they use, making it simple for an AI model to identify an individual patient
Congress is (kind of) Looking to Act
Congress has shown a growing interest in addressing health data privacy, particularly in the context of AI. President Biden issued an executive order on safe, secure, and trustworthy AI, emphasizing the need to protect Americans’ privacy, including from the risks posed by AI, and calling on Congress to pass bipartisan data privacy legislation. Yet, the urgency to tackle health data privacy has taken a backseat because of other congressional priorities and partisan disagreements on numerous matters.
Nevertheless, some Members of Congress, such as Senator Bill Cassidy (R-LA), are actively considering potential updates to HIPAA as evidenced by his request for input into potential updates to the legislation. As indicated by Sen. Cassidy’s persistence, ongoing consideration, and discussion regarding the expansion of health data privacy laws to encompass AI and other emerging technologies continues in earnest.
Advertisers’ Perspective
At least one group is happy Congress has not done anything to expand HIPAA – advertisers. The National Advertising Initiative (NAI) is an industry trade group that develops self-regulatory standards for online advertising for its members such as Google. The NAI states that Congress shouldn’t extend the federal health privacy law and that data-driven health advertising benefits consumers and health care professionals. They believe data-driven advertising serves to help consumers find the products they need, and it helps health care professionals optimize their products based on public needs.
Looking Ahead
As we have seen this year, Congress is struggling to pass anything right now. We will see if this year will be different, or if this becomes an issue for the next Congress to handle. Whatever happens, you can be sure we will be watching and providing in-depth analysis for our clients.
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Good morning from Washington, DC where the sun is shining, and the town is all abuzz about the finally unveiled bipartisan border package. Last night, text was revealed after months of negotiations from bipartisan negotiators. Like anything with good intention in Washington, it was met with mixed reviews and vocal opposition. The bill was negotiated by Sens. Lankford (R-Okla.), Sinema (I-Ariz.), and Murphy (D-Conn.). The provisions, discussed below, mark the most aggressive and substantive reforms on immigration and border security in years. House Republicans, who wanted border security tied to any supplemental war funding to Ukraine, Israel, and others, are now retreating from the bill. As previously discussed, election politics and the hand of the presumptive presidential nominee are impacting support while impeding any initial progress. Speaker Johnson labeled the bill “dead on arrival” in the House. Nothing like members of Congress calling for reform, achieving the reform in legislation, then blasting it as a non-starter. Just like Madonna said, Congress keeps on pushing us – over the borderline. Welcome to the Week Ahead!
The Administration
President Biden will spend some of this week and next pushing for passage of the Senate negotiated border security bill. The bill provides key supplemental funding for Ukraine and other allies. Republican opposition for the bill is largely mounted in not giving President Biden a win on the issue nine months before the election. Opposition is coming from both sides of the aisle, as the ACLU and Latino organizations are concerned the bill does not have substantive immigration reform. Senator Alex Padilla (D.Cali.) has already opposed the measure. Â
In other news, Secretary of State Blinken will be doing a four-day Middle East tour coming on the announcement of a more severe attack on Iran-backed targets due to previously reported drone strikes killing Americans. The President will also speak congressional Democrats at their policy retreat later this week.
The Senate
The border security deal faces a questionable path this week in the Senate. A summary can be found here. The bill will cost $118 billion and provides over $48 billion in funding to Ukraine, as well as $10.6 billion to Israel. As mentioned, the bill has opposition from both parties. Minority Leader McConnell, a staunch advocate for Ukraine funding, will face a huge test within his caucus to get support for the bill. Leader Schumer stated he never worked so closely with McConnell on any other piece of legislation, adding fuel to the fire for Senate Republicans taking shots at McConnell for the top spot. Schumer promises a procedural vote this week which will be the first test of support for this legislation. Â
Health CareÂ
Artificial intelligence in health care is an area in which policymakers want to better understand the impact of technology on a myriad of areas. Currently, AI is used to benefit physicians such as radiologists in analyzing images, it is also used to track cancer, and helps insurers processing claims. Critics of the use of AI in health claim insurers utilize algorithms which disproportionately impact communities of color and sicker individuals further exasperating health disparities. This week, the Senate Finance Committee is holding a hearing Thursday discussing the promises and pitfalls of AI in healthcare. Stay tuned as we cover this important hearing which will surely be the first of several. Also on Thursday, the Senate HELP Committee will hold a hearing on why the US pays more for prescription drugs than any other country.
The HouseÂ
The House reconvenes on Monday, and while there are several bills for consideration, it will be another light week for health policy on the House side of the Capitol. Much of the energy from the House will be focused on leadership’s vocal opposition of the border security bill. Speaker Johnson has already mentioned introducing a standalone bill with funding for Israel – a measure he is hoping would divide Democrats.Â
Health Care
While notable health legislation is not expected on the House floor, the Ways and Means Committee will hold on hearing on “Examining Chronic Drug Shortages in the United States,” on Tuesday. The hearing advisory and witness list have been posted online as well. While it will be relatively quiet in the House committees, House committee activity on health issues is expected to pick up in February and March.
As negotiations pick up on appropriations legislation, the March 8 deadline for several expiring health programs looms. The House Republican Doctors Caucus and physician organizations are continuing their push for relief from the 3.37% cut in Medicare payments that took effect on January 1. While indications point some form of relief being passed by Congress in the coming weeks, nothing has been agreed to and conversations continue.
Create a great week.
On February 5, 2024, the House Rules Committee held a hearing discussing the use of quality-adjusted life years (QALYs) in healthcare methodologies.  The bill under discussion would ban using quality-adjusted life years (QALYs) and other measures to make coverage and payment decisions in all federal health care programs.
