Join us October 28-29th at The Sequoia Project Annual Meeting

|

Response to Medicare Program; CY 2022 Payment Policies Under the Physician Fee Schedule and Other Changes to Part B Payment Policies; Medicare Shared Savings Program Requirements; Provider Enrollment Regulation Updates; Provider and Supplier Prepayment and Post-Payment Medical Review Requirements

Press Releases
|
September 8, 2021

Download a PDF of The Sequoia Project’s Response to Medicare Program; CY 2022 Payment Policies Under the Physician Fee Schedule and Other Changes to Part B Payment Policies; Medicare Shared Savings Program Requirements; Provider Enrollment Regulation Updates; Provider and Supplier Prepayment and Post-Payment Medical Review Requirements

Dear Administrator Brooks-LaSure:

The Sequoia Project is pleased to submit comments to the Centers for Medicare and Medicaid Services (CMS) on interoperability-related provisions in the annual Medicare physician fee schedule proposed rule, primarily for the Medicare Merit-based Incentive Payment System (MIPS) Program. We appreciate CMS’s demonstrated record of responding thoughtfully to the comments that it receives on such proposed rules from its many stakeholders.

The Sequoia Project is a non-profit, 501(c)(3) public-private collaborative that advances the interoperability of electronic health information for the public good. The Sequoia Project previously served as a corporate home for several independently governed health IT interoperability initiatives. The Sequoia Project currently supports the RSNA Image Share Validation Program and the Interoperability Matters Cooperative. We are also honored to have been selected by the Office of the National Coordinator for Health IT (ONC) to be the Recognized Coordinating Entity (RCE) for the Trusted Exchange Framework and Common Agreement (TEFCA).

These comments reflect our experience supporting large-scale, nationwide health information sharing, including active work with several federal government agencies. Through these efforts, we serve as an experienced, transparent, and neutral convener of public and private sector stakeholders to address and resolve practical challenges to interoperability. Our deep experience implementing national-level health IT interoperability, including our track record of supporting and operationalizing federal government and private sector interoperability initiatives, provide a unique perspective on the proposed rule.

Overview

The Sequoia Project supports CMS’s focus on interoperability and patient access to data and its efforts to give providers greater flexibility while reducing their burdens. We also appreciate, as indicated below, proposals aimed at enhancing interoperability and information exchange. We provide suggestions based on our experience. In our comments, we highlight:

  • Lessons learned and pertinent best practices from The Sequoia Project;
  • The importance of a balanced approach to the various technologies and architectures available for provider-to-provider exchange; and
  • The similar need for balancing the emphasis on making available, sending, receiving, and integrating data to enhance clinical care, outcomes, and patient experience.

Comments on Interoperability Measures for the Merit-based Incentive Payment System (MIPS) Program

  • PDMP—CMS proposes to retain the Query of Prescription Drug Monitoring Program (PDMP) measure as an optional measure for CY 2022 and to maintain its current value of 10 bonus points.

Comment: The Sequoia Project supports both aspects of this proposal for the reasons stated by CMS. Despite slower than desired progress in integration of PDMPs with EHRs, such integration, including the ability to query PDMPs, is very valuable and we believe that CMS strikes the appropriate balance in this proposal.

  • Proposed Changes to the Provide Patients Electronic Access to Their Health Information Measure Under the Provider to Patient Exchange Objective. CMS is proposing to modify the Provide Patients Electronic Access to Their Health Information measure to require MIPS eligible clinicians to ensure that patient health information remains available to the patient (or patient-authorized representative) to access indefinitely and using any application of their choice that is configured to meet the certified technical specifications of the API in the eligible clinician’s Eligible clinicians would be required to ensure this information remains available indefinitely, with the proposed requirement applying beginning with the EHR reporting period in CY 2022, and would include all patient health information from encounters on or after January 1, 2016. CMS asks for comment on the proposal and its specific features.

Comment: The proposal reinforces the information blocking obligations established in ONC regulations but also creates some partial seeming inconsistency with the proposed CMS requirement to only ensure availability of data created on or after 1/1/2016 while the ONC information blocking regulations and associated FAQs state that all available EHI must be made available, including but not limited to that created on or after the 4/5/2021 “applicability date”. We note that the CMS requirement focuses on having information available electronically. In contrast, under the information blocking regulations, a clinician that does not actually have electronic health information (EHI) for a period before 4/.5/2021 would not have obligations whereas the CMS proposed rule would seem to require actual availability of such information as EHI. We ask CMS to work with ONC to ensure that  CMS and ONC requirements regarding availability of electronic patient information are consistent and fully explained to providers and others.

  • Actions to Limit or Restrict the Compatibility or Interoperability of CEHRT—CMS proposes to revise “Information Blocking” attestations established in response to MACRA. In doing so, it notes that, per the 21st Century Cures legislation, “[a]ppropriate disincentives for health care providers need to be established by the Secretary through rulemaking.” Substantively, CMS proposes to eliminate two of the current attestations as duplicative of and not fully consistent with the Cures information blocking provisions for providers.

Comment:  We agree with this proposed change as it will increase clarity on compliance obligations and enforcement and reduce the prospect of duplicative or conflicting enforcement. We urge that HHS proceed with appropriate speed, taking into careful consideration current pressures created by the COVID-19 pandemic, to propose for public comment the “additional disincentives” for providers so that the community has greater clarity on what will be expected and required and when.

Conclusions

We thank CMS for providing the opportunity to comment on this proposed rule. Again, we strongly support CMS’s intention to focus its incentive programs on interoperability and urge CMS to deepen its proposed balanced emphasis on patient access to their data and provider–to-provider exchange, with the latter also facilitating and encouraging provider and other authorized queries of patient information using appropriate standards and trust frameworks.

The Sequoia Project is eager to assist CMS in advancing our national interoperability agenda.

About The Sequoia Project

Contact Us:

Share Article

Facebook
Twitter
LinkedIn
Email

What can we help you find?

What We Are Doing

Consumer Voices

Workgroup organized to assist understanding the barriers consumers face in accessing health information.

Consumer Engagement

Workgroup organized to help propose and develop strategies to meet consumer healthcare needs.

Data Usability

Workgroup that targets improvements necessary to enable semantic interoperability of health information.

Information Sharing

Workgroup focused on the on-the-ground approaches to facilitate information sharing.

Payer-to-Payer API

Workgroup Inactive Workgroup that explores and recommends methods to improve interoperability amongst payers.

Pharmacy

Workgroup that is committed to improving pharmacy interoperability.

Privacy and Consent

Workgroup focused on supporting proper information exchange that protects consumers privacy.

Public Health

Community of Practice focused on providing participants with best practices at the intersection of public health.

Steering Committee

Committee is focused on facilitating and prioritizing the work of the Interoperability Matters Workgroups.

About The Sequoia Project

Learn about our history and meet the team that makes The Sequoia Project unique in the healthcare industry

Member List

Meet the members that help to make up The Sequoia Project community.

Member Events

Learn more about the events available to The Sequoia Project members throughout the year.

Member Benefits

Learn more about the benefits and resources available to The Sequoia Project members.

Swag Store

Visit The Sequoia Project swag store to purchase branded merchandise and apparel.

Sponsorships

Learn more about sponsorship opportunities to help advance The Sequoia Project's mission.

Become a Member

Help us solve healthcare interoperability by become a member of The Sequoia Project.

Community Login

(Members Only Access)
Access The Sequoia Project members community area and Member Directory

Services

Advisory Services

Discover how The Sequoia Project’s Advisory Services can support your organization with tailored projects and provide expert guidance on interoperability initiatives.

Education Services

Bring The Sequoia Project experts to your organization to deliver education on interoperability and Health IT, tailored to your team’s needs and goals.

Testing Services

Engage The Sequoia Project team to support interoperability and health IT testing initiatives.

Partnerships

Data Usability Taking Root Movement

Learn how the Data Usability Taking Root Movement is advancing healthcare interoperability by improving the quality, consistency, and usability of shared health data across the industry.

Privacy and Consent Roundtable

The Sequoia Project is convening privacy & consent advocates in recognition of various initiatives underway to ensure health data is exchanged with proper patient consent.

Information Blocking Compliance Training Bundle

Role-based education that helps healthcare organizations understand and comply with the Information Blocking Rule established under the 21st Century Cures Act.

Highlight your organization
Additional Resources

Resource Library

Discover the latest resources for advancing interoperability in your organization

Public Affairs or Policy Matters

Explore our public comments on Health IT, interoperability, information sharing, TEFCA, and healthcare policy initiatives.

Feedback Opportunities

Share your comments on Interoperability Matters Workgroup draft publications and add your insights to open surveys.

Contact Us

Contact us to learn more about health data interoperability, membership, initiatives, and how to get involved.

The Sequoia Project & Carequality

Oct 28-29 | Austin, TX
Upcoming Events