Two weeks ago, the ONC/ASTP sent a memo to members of the HITAC Committee stating that meetings were suspended until further notice. You can read more about it at Fierce Healthcare at https://www.fiercehealthcare.com/health-tech/trump-administration-indefinitely-suspends-meetings-hhs-health-it-advisory-committee. This post looks at where the HITAC Committee came from, what it is supposed to do, and the HITAC Committee’s chances of remaining meaningful. In short, it is an industry feedback loop created by statute, its absence probably won’t instigate a lawsuit (yet), and its absence may lead to some regulatory disruption.
In 2016, Congress passed the 21st Century Cures Act, which, among a whole omnibus of other things, implemented a prohibition against information blocking by healthcare providers, health IT developers, and health information networks/exchanges. Pursuant to that act, Congress also established the “Health Information Technology Advisory Committee.” 42 USC Section 300jj-12. It states that “there is established a Health Information Technology Advisory Committee to recommend to the National Coordinator, consistent with the implementation of the strategic plan described in section 300 jj011(c)(3) of this title[DH1] ,[1] implementation specifications, and certification criteria, relating to the implementation of a health information technology infrastructure, nationally and locally, that advances the electronic access, exchange, and use of health information. Such Committee shall serve to unify the roles of, and replace, the HIT Policy Committee and the HIT Standards Committee, as in existence before December 13, 2016.”
In addition, HITAC is required to provide recommendations on achieving health information technology infrastructure, the promotion of privacy and security throughout health information technology, and facilitating secure access to health information by patients. It is required to, in consultation with the ONC/ASP, submit reports to Congress each year on progress made towards interoperability. Its membership can be found at https://www.healthit.gov/hitac/committees/health-information-technology-advisory-committee-hitac/membership, and includes representatives from health systems, health information networks, electronic medical records systems (notably Oracle and Epic), an individual patient, the Texas Department of State and Health Services, and the National Institutes of Health (who appears to be undergoing a significant force reduction).
It is, in short, an industry feedback loop between Congress, ONC/ASP, developers, and health systems.
What if it doesn’t come back?
Its suspension likely means that ONC/ASTP will promulgate data standards, as I discussed in my prior post, without its direct input. It did this for the meaningful use and certification programs from 2008-2016, so frankly, it is not like this would be uncharted territory. In addition, unlike the certification program itself, whose existence has a direct bearing on individual physician payments, HITAC’s existence and interests to its members are more indirect. What harm do its members incur by its suspension? Would doctors sue because fewer data elements are included in their products? Does this put this the government in a position where it cannot administer data standards advancement? The answers are: 1) they lose a means through which they may influence government standards but probably wouldn’t sue over it, 2) doctors probably don’t care and wouldn’t sue so long as they get paid, and 3) the government can continue to administer standards advancement as it has before. I would stay alert, comment where appropriate, and prepare for outcomes aligned with this administration’s policy priorities.
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[1] The most recent version of the ONC/ASTP strategic plan can be found here; however, like everything in this change in administrations, expect it to change.
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