Senators Bill Cassidy, M.D. (R-La.) and Sheldon Whitehouse (D-R.I.) have introduced bipartisan legislation to "strengthen accountability and improve transparency" in health information technology systems. The Transparent Ratings on Usability and Security to Transform Information Technology (TRUST IT) Act of 2015 is written to "ensure that certified health IT systems are performing as promised in the field," according to a statement issued by Cassidy's office.
The TRUST IT Act is written with the intention of making health IT systems accountable for their performance in three key areas: security, usability and interoperability. The bill seeks to establish a health IT rating system that will be published on the Office of the National Coordinator for Health Information Technology (ONC) website.
The act would allow consumers the ability to compare certified health IT products on those three criteria. The bill also seeks to establish a process for the collection and verification of confidential feedback from healthcare providers, patients and other users on the usability, security and interoperability of products; and from health IT vendors on practices of health IT users that may inhibit interoperability.
If passed, the bill would require health IT vendors to report on the performance of their health IT products every two years and authorizes the assessment of fines — and in some cases decertification of products — for failing to report. Any fines collected would be used to create a revolving user compensation fund to help offset costs of purchasing new certified health IT for users whose health IT was decertified.
"As a physician, time is better spent looking into a patient's eyes to make sure that she comprehends that even though she has cancer, there is hope — as opposed to clicking through a computer screen to document something unimportant to her and required by someone far removed from the exam room," Cassidy said in the statement.
"This bill implements better coordination in the electronic health records (EHRs) system. Doctors will be able to better care for their patients and in turn, deliver on the promise that their information is being used for their benefit and not for the benefit of others."
Additionally, the TRUST IT Act might enhance the federal certification system for health IT products by:
- Authorizing the ONC to make publicly available information, such as summaries, screen shots or video demonstrations, showing how certified health information technology meets certification requirements
- Requiring the certification program to establish that health IT products meet applicable security requirements, incorporate user-centered design and achieve interoperability, consistent with the reporting criteria developed for the health IT rating program
- Requiring health IT vendors to attest they do not engage in certain information blocking activities, including nondisclosure clauses in their contracts, as a condition of certification and maintenance of certification
- Authorizing the Inspector General of the Department of Health and Human Services to investigate claims of information blocking and assess civil monetary penalties on any person or entity determined to have committed information blocking
"Right now, after a health IT product is certified for use, there's no way to ensure that it continues to deliver as promised for doctors and patients, and no way to easily compare one product to another," Whitehouse said in a statement. "This bill will establish important safeguards to prevent systems from underperforming and will grade them on their performance — changes that will improve market competition and drive innovation."
