Midweek Update

The AP reports that "Finance Committee Chairman Max Baucus says his group of three Democrats and three Republicans "is on track" to reach agreement on a deal that can pass a divided Senate. The Montana Democrat said the negotiators — dubbed the "Gang of Six"_ will hold a teleconference Thursday to continue their talks." However, the Wall Street Journal reports that "The White House and Senate Democratic leaders, seeing little chance of bipartisan support for their health-care overhaul, are considering a strategy shift that would break the legislation into two parts and pass the most expensive provisions solely with Democratic votes" using the fast track budget reconciliation process. The Finance Committee's deadline for a bipartisan measure is September 15.

Meanwhile, the Centers for Disease Control report that "U.S. life expectancy reached nearly 78 years (77.9), and the age-adjusted death rate dropped to 760.3 deaths per 100,000 population, both records. *** The 2007 increase in life expectancy – up from 77.7 in 2006 -- represents a continuation of a trend. Over a decade, life expectancy has increased 1.4 years from 76.5 years in 1997 to 77.9 in 2007." Pretty, pretty good.

The Department of Health and Human Services issued its nationwide security breach notice regulation today. The HHS press release explains that

The regulations, developed by the HHS Office for Civil Rights (OCR), require health care providers and other HIPAA covered entities to promptly notify affected individuals of a breach [meaning an improper use or disclosure of protected health information that compromises its security], as well as the HHS Secretary and the media in cases where a breach affects more than 500 individuals. Breaches affecting fewer than 500 individuals will be reported to the HHS Secretary on an annual basis. The regulations also require business associates of covered entities to notify the covered entity of breaches at or by the business associate.

Entities subject to the HHS and FTC regulations that secure health information as specified by the guidance through encryption or destruction are relieved from having to notify in the event of a breach of such information.

This 121 page interim rule which takes effect 30 days after Federal Register publication applies to HIPAA covered entities, including health plans, most health care providers, and health care clearinghouses, and their business associates. The rule is scheduled for publication on Monday August 24, and HHS is accepting public comment about the rule for 60 days.

HHS also announced Centers for Disease Control guidance for employers on how to prepare for the upcoming flu season featuring the H1N1 virus. According to the HHS press release,

It is not known whether the 2009 H1N1 influenza virus will cause more
illness or more severe illness in the coming months, but the CDC recommends that
everyone be prepared for influenza. Because seasonal and 2009 H1N1
influenza pose serious health threats, employers should work with employees to
develop and implement plans that can reduce the spread of flu, and to encourage
seasonal flu vaccination as well as H1N1 vaccination when that vaccine becomes
available.

Employers’ plans should address such points as encouraging
employees with flu-like symptoms or illness to stay home, operating with reduced
staffing, and possibly having employees who are at higher risk of serious
medical complications from infection work from home, according to the CDC
guidance.