LeadingAge NY Questions Costs of Health Information Exchange Regulations

In written comments to the Department of Health (DOH), LeadingAge NY expressed general support for proposed regulations that would create a statewide Health Information Exchange (HIE) network but voiced concern about provider compliance costs.

The proposed regulations would establish the structure of the State Health Information Network of New York (the "SHIN-NY", and establish roles and responsibilities for: (1) a State designated entity (the New York eHealth Collaborative or "NYeC") that would promote HIE and develop SHIN-NY policies; (2) the qualified entities (called Regional Health Information Organizations or "RHIOs") that administer regional HIE; and (3) the participants (providers, health plans and public health agencies) in the SHIN-NY. The proposal would also enumerate patient rights in relation to health information available through the SHIN-NY, and create standards for HIE and data use through the SHIN-NY to ensure uniformity of standards and privacy and security of information.

Of concern to LeadingAge NY is a proposal that would require certain health care providers utilizing certified electronic health record technology to connect to the SHIN-NY through a qualified entity and allow private and secure bi-directional access to health information within two years. Impacted providers would include hospitals, clinics, nursing homes, hospices, home care agencies and health maintenance organizations. The draft regulations permit DOH to waive this requirement based on criteria such as economic hardship, technological limitations beyond the control of the provider, or other exceptional circumstances. According to the regulatory impact statement, the SHIN-NY interface costs for long term care providers would average between $10,000 and $75,000.

Our input to DOH emphasized that without financial assistance, many long term care providers cannot afford to implement electronic health records and that adding another costly, unfunded mandate to connect to the SHIN-NY within two years would create a further disincentive for these providers to implement interoperable systems.

The regulations will be considered for adoption following the close of the comment period, which was on Oct. 20.

Contact: Dan Heim dheim@leadingageny.org, 518-867-8866