Issue Brief

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FAQs: FTC Breach Notification Final Rule

On April 26, 2024, the Federal Trade Commission (FTC) updated one of its old regulations, the Health Breach Notification Rule, to strengthen privacy protections for consumers who share their personal health information on digital health apps.

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MedPAC Chapter 12: MA Status Report

Each year, the Medicare Payment Advisory Commission (MedPAC) releases a status report of the Medicare Advantage (MA) program, highlighting trends and monitoring the program’s performance. In the analysis this year, the Commissioners commented on the increasing enrollment in Medicare Advantage and the role that favorable selection and coding intensity have on overpayments to health plans participating in the program.

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FAQs: Prior Authorization Final Rule

On January 17, 2024, the Centers for Medicare & Medicaid Services (CMS) finalized a long-awaited rule that mandates three new application programming interfaces (APIs), including a Prior Authorization API. It is called the Advancing Interoperability and Improving Prior Authorization Processes Rule. This FAQ summarizes the key provisions of that rule.

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FAQs: HTI-1 Final Rule – AI Transparency and Information Blocking

On December 13, 2023, the Office of the National Coordinator for Health Information Technology (ONC) finalized its latest rule that governs electronic health record systems. It is called the Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information Sharing rule (HTI-1). This FAQ summarizes the key components of the proposed rule.

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Federal Independent Dispute Resolution Operations Proposed Rule

On October 27, the tri-agencies – Department of Health and Human Services (HHS), Department of Labor (DOL), and the Treasury -- published a proposed rule to update the federal Independent Dispute Resolution (IDR) process, which was established under the No Surprises Act to remove patients from payment negotiations for surprise out-of-network medical bills. The rule amends several aspects of the process by clarifying timelines for certain procedures, requiring new information to be shared between payers and providers, and revising how batched claims can be processed.

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Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

On October 30, 2023, President Biden issued an executive order (EO) to direct the federal agencies about how they can support the development and use of artificial intelligence (AI) while limiting anticipated problems. This summary and FAQ covers the aspects of the EO relevant to health care.

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FAQs: Disincentives for Health Care Providers that have Committed Information Blocking Proposed Rule

On November 1, 2023, the Centers for Medicare & Medicaid Services (CMS) and the Office of the National Coordinator for Health IT (ONC) jointly released the “21st Century Cures Act: Establishment of Disincentives for Health Care Providers That Have Committed Information Blocking” proposed rule (hereinafter “Disincentives Proposed Rule”). This FAQ summarizes the key components of the proposed rule.



Summary: American Data Privacy and Protection Act

The following is a brief summary of and FAQs about the primary national privacy legislative proposal being considered by Congress: the American Data Privacy and Protection Act.

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FAQ: The U.S. Senate HELP Committee’s White Paper on AI

On September 6, 2023, U.S. Senate HELP Committee ranking Republican Bill Cassidy released a white paper on the risks and benefits of artificial intelligence (AI) to society. This document is a brief Q&A to provide an overview of the parts of the white paper devoted to health care discussions of AI.