(ACO) regulations - American Society of Anesthesiologists

CMS-1345-P 129
beneficiary choice: having beneficiaries affirmatively choose to permit us to share their
protected health information through the signing of a consent or authorization ("opt-in");
and sharing protected health information with the ACO unless beneficiaries indicate that
they choose not to have this information shared ("opt-out").
A requirement of patient choice about whether to participate in a system of
information exchange, whether opt-in or opt-out should provide an excellent opportunity
for providers to engage patients in true patient-centered care, creating a strong incentive
for an ACO and its ACO participants and ACO providers/suppliers to forge a positive
relationship with each beneficiary. Consumers have consistently expressed strong support
for the implementation and exchange of electronic health information, believing that
these technologies have the potential to improve care coordination, reduce paperwork,
and reduce the number of unnecessary and repeated tests and procedures. 8
Successful
electronic health information exchange systems have engaged consumers, physicians and
other stakeholders at an early stage to ensure that choice is integrated into the architecture
of the systems. 9
Many organizations engaging in health information exchange have selected opt-in
models for patient consent. For example, the Massachusetts eHealth Collaborative
(MAeHC) achieved an average of 90 percent participation in three pilot communities
using an opt-in system. The New York Clinical Information Exchange (NYCLIX) has
8 See Schneider, S. et al. "Consumer Engagement in Developing Electronic Health Information System."
Prepared for: Agency for Healthcare Research and Quality, July 2009, at 16. Available at:
http://www.healthit.ahrq.gov/portal/server.pt/gateway/PTARGS_0_1248_888520_0_0_18/09%E2%80%90
0081%E2%80%90EF.pdf%00%00 at 16; Markle Foundation. Survey Finds Americans Want Electronic
Personal Health Information to Improve Own Health Care, November 2006, at 1. Available at:
http://www.markle.org/downloadable_assets/research_doc_120706.pdf.
9 See Goldstein, M.M. and A.L. Rein. Consumer Consent Options for Electronic Health Information
Exchange: Policy Considerations and Analysis," March, 2010. Available at:
http://healthit.hhs.gov/portal/server.pt/gateway/PTARGS_0_11673_911197_0_0_18/ChoiceModelFinal032
610.pdf.