AHCA/NCAL
submitted comments recently to the Assistant Secretary for Technology Policy and the Office of the National Coordinator for Health Information Technology (ASTP/ONC) within the U.S. Department of Health and Human Services (HHS) in response to a
proposed rule titled
Health Data, Technology, and Interoperability: ASTP/ONC Deregulatory Actions To Unleash Prosperity [RIN 0955–AA09].
This proposed rule is framed as purporting to reduce administrative burden on health information technology vendors and providers within the agency’s interoperability requirements to facilitate more rapid adoption of interoperable technology across the healthcare ecosystem. It also proposes to tighten up the information blocking regulation exceptions often used by AHCA/NCAL members due to a lack of or not fully interoperable health information technology – increasing risk for substantial fines.
Throughout the AHCA/NCAL comments, a consistent theme emerges:
Health IT policies developed primarily for acute care and ambulatory settings often fail to account for the unique characteristics, workflows, populations, and resource constraints of LTPAC providers.
When certification criteria are removed without LTPAC-specific impact analysis, the result is often a reduction in vendor support for LTPAC-critical functionalities rather than the intended deregulatory benefit.
Key AHCA/NCAL recommendations from this response included:
- Retain or phase in more gradually the removal of privacy and security certification criteria, establishing clear baseline expectations for vendor capabilities that protect vulnerable populations served by our members.
- Maintain transitions of care and clinical information reconciliation criteria critical for cross-setting handoffs and medication safety.
- Preserve patient engagement features including view, download, and transmit (VDT) and patient health information capture that support resident and family caregiver involvement.
- Ensure AI-enabled decision support transparency through meaningful oversight mechanisms for algorithm governance and safety.
- Clarify the impact of information blocking revisions on LTPAC providers that participate in TEFCA and health information exchange networks rather than using certified technology.
- Provide sufficient transition timelines and implementation guidance for LTPAC providers and their technology vendors.
- Develop model contract language that LTPAC providers can use in vendor agreements to ensure essential capabilities remain available when certification requirements are removed.