News in brief - Nov. 9, 2009

Red flags rule delayed until June 2010

The Federal Trade Commission for the fourth time has delayed enforcement of an identity theft prevention rule that applies to physician practices, this time until June 1, 2010.

The latest postponement of the "red flags" rule came at the request of congressional lawmakers, the commission said. A bill pending in the Senate and recently passed by the House would exempt small businesses -- including health care practices -- from the regulation, which requires implementation of a formal program to deter and detect identity theft.

The American Medical Association continues to advocate to the FTC and lawmakers that physicians are not subject to the regulation. In the meantime, however, the Association urges compliance from doctors. Resources are available on the AMA Web site (www.ama-assn.org/ama/no-index/physician-resources/red-flags-rule.shtml).

The FTC also has information online (www.ftc.gov/redflagsrule).

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Senate confirms Dr. Benjamin as surgeon general

The Senate on Oct. 29 voted unanimously to confirm Regina M. Benjamin, MD, as U.S. surgeon general. The family physician from southern Alabama becomes the nation's top public health educator and leader of the 6,000-member Commissioned Corps of the U.S. Public Health Service, one of the nation's seven uniformed services. President Obama nominated her for the post on July 13, and the Senate voice vote represents a consensus on her approval by both major parties.

Dr. Benjamin, 53, was the first woman and first African-American president of the Medical Assn. of the State of Alabama in 2002. She also served on the American Medical Association Board of Trustees from 1995 to 1998, becoming the youngest physician to serve in a nonresident role. "Dr. Benjamin brings the important perspective of a physician who has dedicated her life to caring for vulnerable patients to the surgeon general post," said AMA President J. James Rohack, MD.

Senate Health, Education, Labor and Pensions Committee Chair Tom Harkin (D, Iowa) praised Dr. Benjamin's commitment to preventive care. "As we move in Congress to enact health reform that puts a sharp new emphasis on keeping Americans healthy, rather than treating them once they become ill, it is reassuring to know that we have a surgeon general who will back our efforts at the highest levels of public health."

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Poll shows broad support for liability reform

Most Americans, 69%, want to see medical liability reform included in congressional health system reform legislation, according to a recent poll hcla.org/polls.html.

Seventy-two percent of the 1,009 adult respondents expressed concern that high medical liability costs are compromising health care access, according to the October survey by the Health Coalition on Liability and Access. The organization, of which the American Medical Association is a member, supports tort reform.

In addition, 70% of those surveyed supported a law placing reasonable limits on noneconomic damage awards, while allowing for full payment of lost wages and medical expenses. Sixty-eight percent also favored limits on trial lawyers' fees.

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HHS to strengthen HIPAA enforcement

The federal government is proposing to beef up its enforcement of penalties imposed for violations of the Health Insurance Portability and Accountability Act.

The Dept. of Health and Human Services issued an interim final rule Oct. 30 that gives the department the authority to impose stiffer civil monetary penalties and makes it tougher for covered health professionals, plans or clearinghouses to avoid punishment.

The revisions significantly strengthen HHS authority under the Health Information Technology for Economic and Clinical Health Act, which was enacted as part of the economic stimulus package earlier this year. Before the act, HHS could not impose a penalty of more than $100 for each violation or $25,000 for all identical violations of the same provision. The interim final rule establishes tiered penalties up to a maximum of $1.5 million for all violations of an identical provision. In addition, a covered entity can be subject to a penalty if it doesn't correct a mistake within 30 days of discovery.

HHS will accept comments until Dec. 29.

This content was published online only.

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