AI Task Force Tackles the Tangled Regulatory Landscape of AI in Healthcare

By Tina Joros, JD (Veradigm), Chair, and Stephen Speicher, MD, MS (Flatiron Health), Vice Chair, EHR Association AI Task Force

The speed at which artificial intelligence (AI) is becoming deeply embedded into every facet of healthcare has lawmakers, regulators, policymakers, special interest groups, and other stakeholders racing to establish a governance structure to ensure its safe and meaningful use – without hindering innovation and efficacy. Recognizing our unique role in shaping AI’s future in healthcare, the EHR Association established an AI Task Force that will focus on thought leadership, guidance, and advocacy. 

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HHS Establishes ASTP/ONC

On July 25, 2024, HHS announced it had reorganized its technology, cybersecurity, data, and AI strategy and policy functions to “streamline and bolster technology, cybersecurity, data, and artificial intelligence (AI) strategy and policy functions.” Historically, responsibility for policy and operations has been distributed across the ONC, ASA, and ASPR. Now those responsibilities have been consolidated into the Assistant Secretary for Technology Policy and Office of the National Coordinator for Health Information Technology, or ASTP/ONC.

In response to this announcement, the EHR Association issued the following statement:

“In establishing ASTP/ONC, HHS is acknowledging the increasingly important role of health IT in the care delivery system since the inception of ONC 20 years ago, as well as the critical role electronic patient data plays in the provision of and access to quality care. ONC has collaborated with the health IT industry as we have expanded patient access to their data, the exchange of health information between numerous stakeholders, and now the rapidly growing influence of AI.

“Along with great potential, these changes bring heightened privacy and security risks and the need for a fresh approach to policy, standards, and strategy to address the complex nature of health information technology. The EHR Association believes the new ASTP/ONC can add great value in expanding even further the work they do to coordinate health IT-related policy across the Federal government.

“We look forward to collaborating with ASTP/ONC as we work toward our shared goals of continually improving the quality and efficiency of care through safe, innovative interoperable health IT adoption and use.”

Digital Health Equity: Harnessing Design Systems to Advance EHR Accessibility 

By Jennifer Sagerian (MEDITECH), Member, EHR Association User Experience Workgroup

For many, the pandemic shed light on issues related to web accessibility. Ninety percent of US adults said the internet was “essential” during the pandemic yet many people with disabilities were at a disadvantage; unable to schedule vaccines, communicate with their providers, and schedule appointments. Since then, web accessibility has become a high-priority social determinant of health (SDOH) – and a fundamental human right.  

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Success of ONC’s Health IT Strategic Plan Rests on Realistic Expectations, Regulatory Timelines

By Stephanie Jamison (Greenway Health), Chair, and William Hayes, M.D. (Trubridge), Vice Chair, EHR Association

With its Draft 2024-2030 Federal Health IT Strategic Plan, ONC seeks to enhance individual and community health through improved healthcare experiences, advanced research and innovation, and integrated health data systems – important goals the EHR Association finds commendable provided the path taken to achieve them is paved with realistic expectations and timelines for regulations targeting them.

In many ways, the mission and vision laid out by ONC in its strategic plan echoes the objectives of our member companies; namely, advancing the quality and efficiency of care through innovative, interoperable health IT adoption and use. However, our enthusiastic support is tempered by concerns over the potential for too-aggressive compliance timelines and expectations that are beyond the reach of EHR and other health IT developers and the provider organizations utilizing these tools – concerns we shared in our response to ONC’s call for feedback on the Draft Federal Health IT Strategic Plan. 

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Recommendations for Capturing Social Determinants

By Janet Campbell (Epic), Chair, EHR Association Social Determinants of Health & Health Equity Task Force

A patient’s risk within social determinant of health (SDOH) domains is typically assessed by social care or healthcare professionals through either conversation or use of standard screening questionnaires or validated testing instruments. The challenge, however, is a lack of consensus on which specific domains should be assessed for patients, and how they should be assessed.

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States Should Look to TEFCA when Regulating Data Exchange

By Josh Mast (Oracle Health), Chair, EHR Association Public Policy Leadership Workgroup

As the 21st Century Cures Act transitions from policy to practice, numerous states are looking at their interoperability and privacy regulations with an eye toward enacting laws governing healthcare and health IT utilization. This includes establishing state health data utilities (HDUs), health information exchanges (HIEs), and data sharing agreements.

The EHR Association supports states’ ability to gather information for public health, population health, and other purposes. However, a patchwork regulatory approach could create unintended roadblocks to the secure national exchange of and access to critical health information.

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