• Julie Barnes

November 7, 2019

Maverick’s Update

Only What Matters on Health Information Policy

1. Unlike its proposed rule, CMS did not, in its 2020 Medicare Outpatient Prospective Payment System (OPPS) final rule, require hospitals to publish payer-specific negotiated rates for 300 “shoppable” services in a consumer-friendly format. Instead, CMS said it will issue a separate transparency rule that may include requirements for payers as well as hospitals, and it seems likely to address how quality metrics should accompany price information.

2. The United States Digital Privacy Agency is the latest congressional proposal for a new regulatory federal data privacy scheme. The proposal mentions “health” 3 times in 132 pages, it would not supercede HIPAA, it has special restrictions on access to genetic information, it defines “privacy harm” to include adverse outcomes or decisions with respect to the provision of health care, and includes and creates several new consumer rights:

  • Right of access.

  • Right of correction.

  • Right of deletion.

  • Right of portability.

  • Right to human review of automated decisions.

  • Right to individual autonomy.

  • Right to be informed.

  • Right to impermanence.

3. A new survey shows that patients will switch health care providers to get a better digital experience.

One Thoughtful Paragraph

Maverick Health Policy heard from the Mark McClellan this week at the Alliance for Health Policy Innovation and Value Summit in Washington, DC. It was great to know that Dr. McClellan, the Director of the Duke-Margolis Center for Health Policy and former FDA Commissioner and former CMS Administrator, believes that the time has come for value-based payment of medical products. We couldn’t agree more that moving away from fee-for-service requires the use of modern tools and a different payment system that rewards improved patient outcomes and recognizes new and more targeted treatments. This policy change is supported by the 21st Century Cures Act directives to FDA. Mark Segal drafted a great and easy to read summary of the latest FDA guidance on Health IT software for eHealth Initiative. Health care industry executives understand this connection between improved health IT and value-based care, as evidenced by this survey and panel discussions at the Value-Based Care Summit in Boston.


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Julie Barnes, J.D. 

Phone: (703) 304-1756 


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