Murray Highlights Role Health Data and Technology Can Play Improving Patients’ Lives, Providers’ Care Decisions
At HELP Committee Hearing, Senator Murray outlines key issues regarding health information technology as more hospitals adopt electronic health records
Use of electronic health records has skyrocketed since Congress passed the HITECH Act in 2009 to support adoption of health information technology
Murray spoke to the importance of implementing steps Congress included in the 21st Century Cures Act to stop information blocking and promote interoperability
Murray also emphasized the need to make sure data and technology are user-friendly and address concerns around cybersecurity, privacy, and data stewardship
Murray: “When systems can’t speak with each other and people can’t speak up about the problems they see, it’s patients who get hurt.”
***Watch Senator Murray’s full speech HERE***
(Washington, D.C.) –Today, Senator Patty Murray (D-WA), Ranking Member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, delivered opening remarks at the Committee’s hearing on making electronic health information available to patients and providers. In her remarks, Senator Murray discussed the progress made so far as more care providers have adopted electronic health records in recent years and the importance of continuing to improve interoperability and data access for patients and providers. She spoke about how better access to data can improve care, and offered examples that show how poor interoperability can endanger patients’ lives. Senator Murray also emphasized the need to make sure health care technology is user friendly and the importance of addressing issues related to cybersecurity, privacy, and data stewardship.
The hearing provided oversight of the Office of the National Coordinator for Health Information Technology’s (ONC) and the Centers for Medicare & Medicaid’s efforts to implement steps Congress passed in the 21st Century Cures Act to improve the usability and interoperability of electronic health records.
Key excerpts of Senator Murray’s Speech:
“While they don’t always make headlines, electronic health records also make a difference by helping care providers identify health problems sooner so patients can get preventive care to stay healthy, avoid duplicative tests or medication errors, and identify treatments that might be counter-productive based on a patients’ medical history or current prescriptions.”
“While HITECH required certified electronic health record products to meet technical standards intended to make good information more accessible for care providers, the ONC report found substantial evidence some organizations were intentionally setting up barriers between their systems and other systems like exorbitant fees whenever someone sent, received, or even searched for a patient’s information, contracts that restricted people’s ability to access and share their own health information, and systems built in ways that made sharing information needlessly complicated.”
“It should be easy for providers shopping for electronic records systems to learn about potential issues. It should be easy for medical professionals to hear about a problem with a system they use. And it should be easy for anyone to speak out when they see something that could jeopardize people’s health. When systems can’t speak with each other and people can’t speak up about the problems they see, it’s patients who get hurt. Like the man in California, who suffered brain damage after his diagnosis was delayed because a hospital’s software couldn’t properly interface with a lab’s software. Or the woman in Vermont, who died of a brain aneurysm that might have been caught if a software problem hadn’t stopped the order for a test she needed.”
“Of course, as we continue to improve our health IT system, we need to make sure health information is being provided in a way that works for patients too. During our 2015 hearings, I shared the story of a woman who had been seeking the results of her pregnancy test. But instead of a clear answer, her electronic health record simply reported her hormone levels. We need to do better. For her, and for other patients who have gone looking for information they can use, only to find massive binders, unreadable PDFs, and stacks of CDs. Engagement and usability have to be a part of this discussion.”
“Patients should be able to expect that tech companies are going to use their most sensitive information responsibly and give them the tools they need to be able to control how and when their information is disclosed.”
Video of Sen. Murray’s speech available HERE.
Full text below of Sen. Murray’s speech:
“Thank you Mr. Chairman.
“Back in 2008, just one in twenty hospitals used electronic health records.
“A decade later, we’ve made enough progress to flip that number entirely—today just one in twenty hospitals haven’t adopted electronic health records.
“And over the past decade, we’ve seen how better information about a patient’s health care can make a big difference.
“In national news, electronic health records played an important role in understanding how the water in Flint, Michigan was putting families in danger.
“In national news, electronic health records played an important role in understanding how the water in Flint, Michigan was putting families in danger.
“And while they don’t always make headlines, electronic health records also make a difference by helping care providers identify health problems sooner so patients can get preventive care to stay healthy, avoid duplicative tests or medication errors, and identify treatments that might be counter-productive based on a patients’ medical history or current prescriptions.
“The HITECH Act we passed in 2009 was a big part of accomplishing the progress we’ve seen so far.
“But we must continue building on that progress to ensure health information technology lives up to its full potential.
“And we must continue oversight following up the work we did in 2015, after the Office of the National Coordinator for Health Information Technology put out a report detailing some of the challenges ahead.
“The report made clear that ‘information blocking’ was a serious problem throughout the health care system.
“While HITECH required certified electronic health record products to meet technical standards intended to make good information more accessible for care providers, the ONC report found substantial evidence some organizations were intentionally setting up barriers between their systems and other systems like exorbitant fees whenever someone sent, received, or even searched for a patient’s information, contracts that restricted people’s ability to access and share their own health information, and systems built in ways that made sharing information needlessly complicated.
“While HITECH required certified electronic health record products to meet technical standards intended to make good information more accessible for care providers, the ONC report found substantial evidence some organizations were intentionally setting up barriers between their systems and other systems like exorbitant fees whenever someone sent, received, or even searched for a patient’s information, contracts that restricted people’s ability to access and share their own health information, and systems built in ways that made sharing information needlessly complicated.
“Perhaps they missed the day in kindergarten about sharing, because putting something where only you can reach, or charging excessive fees for it, is absolutely not how it should be done.
“And it’s absolutely not acceptable when it comes to people’s health.
“We can’t afford to have bad actors who prioritize their bottom line over patients’ best interests, and block information that hospitals, providers, and patients need to be able to share with one another.
“We also can’t expect health IT systems to get better when some vendors include ‘gag clauses’ that prevent care providers from speaking out about the problems, issues, and errors they encounter.
“It should be easy for providers shopping for electronic records systems to learn about potential issues.
“It should be easy for medical professionals to hear about a problem with a system they use.
“It should be easy for medical professionals to hear about a problem with a system they use.
“And it should be easy for anyone to speak out when they see something that could jeopardize people’s health.
“When systems can’t speak with each other and people can’t speak up about the problems they see, it’s patients who get hurt.
“Like the man in California, who suffered brain damage after his diagnosis was delayed because a hospital’s software couldn’t properly interface with a lab’s software.
“Or the woman in Vermont, who died of a brain aneurysm that might have been caught if a software problem hadn’t stopped the order for a test she needed.
“When we talk about making sure we have a strong health IT system, we aren’t just talking about technology and innovation—families’ lives depend on making sure we get this right.
“Which is why I was so glad we were able to take steps to address these issues in the 21st Century Cures Act.
“I look forward to hearing from our witnesses about their perspective on ONC’s proposed rule to implement the Cures provisions.
“In that bill, we moved to end ‘information blocking’ and make clear that when patients and their care providers need information—they shouldn’t be stopped by unnecessary, unreasonable barriers.
“And we tasked ONC with clarifying what sort of concerns—like privacy, safety, and security—would be grounds for reasonable exceptions.
“We also took steps to help ONC strengthen its certification program beyond technical criteria for electronic health records so they can make sure that if vendors want to get the government’s seal of approval, then they cannot engage in information blocking or use gag clauses.
“The new conditions also call for open application programing interfaces—APIs—another step that will help make sure systems developed by different vendors and used by different doctors, are able to speak to each other.
“And that patients have an easier time getting access to their medical records.
“I’m glad ONC is moving to put these common sense steps in action, and I’m interested in making sure this gets done right.
“I look forward to hearing from our witnesses about their perspective on ONC’s approach.
“And about the steps the Centers for Medicare and Medicaid Services is taking to make claims data more accessible, and prompt care providers to be better about sharing information.
“Of course, as we continue to improve our health IT system, we need to make sure health information is being provided in a way that works for patients too.
“During our 2015 hearings, I shared the story of a woman who had been seeking the results of her pregnancy test.
“But instead of a clear answer, her electronic health record simply reported her hormone levels.
“But instead of a clear answer, her electronic health record simply reported her hormone levels.
“We need to do better. For her, and for other patients who have gone looking for information they can use, only to find massive binders, unreadable PDFs, and stacks of CDs.
“Engagement and usability have to be a part of this discussion.
“And last, but most certainly not least—we need to talk about security, privacy, and data stewardship.
“That means prioritizing the development of technology and best practices that can help prepare for the constantly evolving cybersecurity threats of the 21st century.
“It also means having a national conversation about what is required for all parties to be good stewards of the data people entrust them with.
“It also means having a national conversation about what is required for all parties to be good stewards of the data people entrust them with.
“And that conversation is only going to become more important as tech companies and others introduce new products, like mobile applications, that empower people with their health care data—but are not covered by existing HIPAA protections.
“Patients should be able to expect that tech companies are going to use their most sensitive information responsibly and give them the tools they need to be able to control how and when their information is disclosed.
“Our objective should be to make sure that tech companies are putting patients in the driver’s seat, not the other way around.
“It’s clear we have come a long way when it comes to strengthening our nation’s health information infrastructure, but it’s also clear there are more challenges ahead.
“So I look forward to hearing from our witnesses about how data and technology can empower patients and care providers, and I hope we can continue our bipartisan work on this important issue.
“Thank you.”
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