May 29, 2015. Dear Dr. DeSalvo:



Similar documents
Collecting Sexual Orientation and Gender Identity Data in Electronic Health Records Taking the Next Steps

Submitted by the Fenway Institute, the Center for American Progress, and 151 other organizations

Summer King SAMHSA Reports Clearance Officer Room One Choke Cherry Road Rockville, MD 20857

POLICY FOCUS: WHY GATHER DATA ON SEXUAL ORIENTATION AND GENDER IDENTITY IN CLINICAL SETTINGS

POLICY FOCUS: HOW TO GATHER DATA ON SEXUAL ORIENTATION AND GENDER IDENTITY IN CLINICAL SETTINGS

Transgender Military Service in the United States

Supporting Transgender Students: Best School Practices for Success Resources for Transgender Youth, Advocates, and Parents

Tool for Attorneys Working with Lesbian, Gay, Bisexual, and Transgender (LGBT) Survivors of Domestic Violence

Rush Center Statewide LGBT Community Survey Results Prepared for Georgia Equality and The Health initiative by the Shapiro Group

Meeting the Health Care Needs of Transgender People

Collecting Sexual Orientation and Gender Identity in EHRs: The Fenway Experience. Alex Gonzalez MD, MPH Medical Director Fenway Health

LGBT OLDER ADULTS & ELDER ABUSE. HCBS Pre-Conference Intensive Hilary Meyer August 31, 2015

FREDDIE MAC 2010 INDUSTRY SUPPORT (Paid January December 2010)

Model Transgender Employment Policy negotiating for inclusive workplaces

KNOW YOUR RIGHTS KNOW YOUR RIGHTS. A Guide for Trans and Gender Nonconforming Students

Supporting Transgender and Gender Diverse Students in Schools

Re: CMS 3323 NC, Request for Information (RFI): Certification Frequency and Requirements for the Reporting of Quality Measures Under CMS Programs

Addiction. and the LGBTQ Population

A Practical Guide. Monitoring the number of transgender service users or staff

September 29, The Honorable Jim McDermott 1035 Longworth HOB U.S. House of Representatives Washington, D.C

Electronic Health Records: Why are they important?

UNIVERSITY OF PITTSBURGH SCHOOL OF MEDICINE MATCH RESULTS FOR CLASS OF Anesthesiology - 9. Dermatology - 1. Emergency Medicine - 12

US Department of Health and Human Services Exclusion Program. Thomas Sowinski Special Agent in Charge/ Reviewing Official

Current Partnerships AH&LA: Under30Gateway AH&LA: Women In Lodging Association of Latino Professionals in Finance and Accounting

with Services June 6, 2013

BETH L. ZEMSKY MAEd, MSW, LICSW

National Bureau for Academic Accreditation And Education Quality Assurance PUBLIC HEALTH

HEALTH CARE RIGHTS AND TRANSGENDER PEOPLE March 2012

LEAD with Love Additional Resources for Parents and Youth

UNIVERSITY OF PITTSBURGH SCHOOL OF MEDICINE MATCH RESULTS FOR CLASS OF Anesthesiology Dermatology - 4

List of Medicare Approved Lung and Heart-Lung Transplant Centers Date: October 19, 2005 Number of Centers: 45

October 7, Dear Secretary Burwell and Acting Administrator Slavitt:

RECONNECTING OPPORTUNITY YOUTH

ONC Data Brief No. 6 October 2012

Affirmative Care for Transgender and Gender Non-Conforming People: Best Practices for Front-line Health Care Staff

CASE WESTERN RESERVE UNIVERSITY SCHOOL OF MEDICINE

Policy Subject: Sexual orientation and gender identity Date Passed: 09/05/2012

GW Law Alumni Elective Courses Survey

UC Berkeley Transgender Care Team. Laura M. Alie, PsyD Tobirus M. Newby, MSW

Certificate Policies to Current Medical Standards for Transgender Patients (June 9, 2014).

UNIVERSITY OF PITTSBURGH SCHOOL OF MEDICINE MATCH RESULTS FOR 2011

State Charitable Registration

Supplemental Health Insurance Products Inventory Report. May 2014

Job Market Intelligence:

Friends of the Health Resources and Services Administration c/o American Public Health Association

SUMMARY OF 2015 ANNUAL REPORTS SUBMITTED TO THE LANDSCAPE ARCHITECTURAL ACCREDITATION BOARD BY ACCREDITED ACADEMIC PROGRAMS

Request for Information on Assessing Interoperability for MACRA (HHS-ONC )

The following is from the LGBTQ Reducing Disparities Project Report: First, Do No Harm. Scroll down to the next page to read more about:

Washington, DC Washington, DC 20515

May 26, Dear Acting Administrator Slavitt:

Understanding Socioeconomic and Health Care System Drivers to Increase Vaccination Coverage

University of Massachusetts School of Law: Career Services Office State-By-State Online Job Search Resources

Changes in the Cost of Medicare Prescription Drug Plans,

University Your selection: 169 universities

List of Pre-Approved Organizations for Ford Foundation Law School Fellowships***

THE HEALTH OF LESBIAN, GAY, BISEXUAL AND TRANSGENDER (LGBT) PERSONS IN MASSACHUSETTS

Grantee City State Award. Maricopa County Phoenix AZ $749,999. Colorado Youth Matter Denver CO $749,900

May 4, Dear Dr. Mostashari:

Challenges and Progress: Implementing HIV Screening in Health-Care Settings

Reporting of Board Discipline. Mark Johnston, RPh Executive Director Idaho State Board of Pharmacy

Document Authentication Instructions

Part II: Creating a Welcoming and Safe. and Families

The State of Peer Support Services Allen S. Daniels, Ed.D Peter Ashenden

May 28, Dear Mr. Slavitt:

Rainbow Health Initiative

OUR DAUGHTERS AND SONS: QUESTIONS AND ANSWERS FOR PARENTS OF LESBIAN, G AY, BISEXUAL AND TRANSGENDER YOUTH AND ADULTS PFLAG.

April 3, Dear Dr. DeSalvo:

Healthcare Brand Management

Promising Practices ADDRESSING BARRIERS TO SUBSTANCE USE TREATMENT ACCESS AND UTILIZATION FOR LESBIAN, GAY, BISEXUAL, AND TRANSGENDER (LGBT) CLIENTS

June 15, Re: Electronic Health Record Incentive Program Modifications to Meaningful Use in 2015 through Dear Administrator Slavitt,

Psychology NRC Study S Rankings (1 of 6)

Psychology NRC Study R Rankings (1 of 6)

How To Rank A Graduate School

Suggested Best Practices for Supporting Trans* Students

DIVERSITY AT GORDON & REES. A Celebration of Commitment, Leadership, Teamwork, Opportunity, and Progress.

U.S. NEWS RANKING OF MEDICAL COLLEGES 2012

Equity and Inclusive Education Resource Kit for Newfoundland and Labrador, Grades Introduction

Who May Adopt, Be Adopted, or Place a Child for Adoption?

Michael N. Joyner Director, Positive Action and Patient Advocacy. ViiV Healthcare

Association of American Medical College-Affiliated, Liaison Committee on Medical Education-

RE: CMS 0033 P; Comments to Meaningful Use Notice of Proposed Rulemaking

Strengthening Linkages between Substance Abuse Providers and LGBT Community Resources

Adoption of Electronic Health Record Systems among U.S. Non-federal Acute Care Hospitals:

Adoption of Electronic Health Record Systems among U.S. Non- Federal Acute Care Hospitals:

Medical Billing and EHR Implementation

2010 Allocations to States of Volume Cap for Qualified School Construction Bonds

Brushless Motor Fundamentals and Why Every Section Needs A Consultants Network

Background on the Assets & Opportunity Network

Monitoring student sexual orientation and gender identity in further and higher education

THE EXPERIENCES AND NEEDS OF TRANSGENDER COMMUNITY COLLEGE. Genny Beemyn. Stonewall Center, University of Massachusetts, Amherst, Massachusetts, USA

GE Healthcare Healthcare IT

Office of the Registrar

More than $22.7 Million for 16 Task Forces

ID: HHS-OS / RIN: 0991-AB92)

November 2, The Honorable Mitch McConnell Majority Leader United States Senate 230 U.S. Capitol Washington, DC 20510

Impacts of Sequestration on the States

National and State Organization Letter Supporting The Fairness in Nursing Home Arbitration Act (H.R. 1237, S. 512)

July 10, Dear Dr. DeSalvo and Ms. Tavenner:

TITLE. Consulate General of Brazil in Miami, FL Florida, Puerto Rico, US Virgin Islands, and the Commonwealth of the Bahamas

Trends in Discrimination Law

Transcription:

May 29, 2015 Submitted online at https://www.federalregister.gov/articles/2015/03/30/2015-06612/2015-editionhealth-information-technology-health-it-certification-criteria-2015-edition-base Dr. Karen DeSalvo National Coordinator for Health Information Technology Attention: 2015 Edition Health IT Certification Criteria Proposed Rule Hubert H. Humphrey Building, Suite 729D 200 Independence Ave SW Washington, DC 20201 Public Comment on 2015 Edition Health Information Technology (Health IT) Certification Criteria, 2015 Edition Base Electronic Health Record (EHR) Definition, and ONC Health IT Certification Program Modifications published March 30, 2015 Submitted by the Fenway Institute, the Center for American Progress, and 103 other health care, research, professional, and patient advocacy organizations Dear Dr. DeSalvo: We write to comment on the 2015 Edition Health Information Technology (Health IT) Certification Criteria, 2015 Edition Base Electronic Health Record (EHR) Definition, and ONC Health IT Certification Program Modifications published March 30, 2015. As health care providers, researchers, educators, and advocates focusing on the health of lesbian, gay, bisexual, and transgender (LGBT) communities, we are pleased to see ONC s proposal to include sexual orientation and gender identity (SO/GI) functionality in a Health IT module as part of the EHR certification criterion: We propose to require that a Health IT Module enable a user to record, change, and access a patient s sexual orientation and gender identity as part of this certification criterion [list of SNOMED CT codes for SO/GI] We note that the functionality under consideration to record the data discussed above has no bearing on whether a patient chooses to provide this information or whether a health care provider chooses to record the information or would be required to do so through the EHR Incentive Programs or other programs (pp. 87-89). Our enthusiasm is tempered, however, by the fact that the proposed rule would include SO/GI fields in an optional social, psychological, and behavioral data module, and not as part of the Demographics criterion (as included in the Base EHR definition), or as part of the Common Clinical Data Set. If SO/GI functionality is optional for vendor certification, then few EHR vendors will include these fields, and SO/GI data are less likely to be collected and used by providers to evaluate the quality of care provided to LGBT people. As a result, the ability to track SO/GI in EHRs will not become an industry standard. This is a major missed opportunity.

Sexual orientation and gender identity should be required in the Demographics criterion (as included in the Base EHR definition) and in the Common Clinical Data Set We strongly urge ONC to make SO/GI fields part of the base EHR certification requirements by including them as part of the Demographics criterion that all EHRs must be able to track. Sexual orientation and gender identity are important aspects of a patient s identity and relevant to clinical care. This is true, for example, in clinical decision support. Transgender women who were assigned the male sex at birth should be offered a prostate exam as appropriate. Gay and bisexual men and transgender women should be regularly tested for HIV, syphilis, and other STIs. Inclusion of SO/GI in the Demographics criterion (as included in the Base EHR definition) would improve care through more appropriate clinical decision tailored to SO/GI, and allow for identification and analysis of LGBT health disparities via the creation of patient lists that can track SO/GI. Moreover, if ONC adds SO/GI fields to the Clinical Quality Measures (CQM) filtering criterion, one could likewise identify disparities by filtering CQM results by SO/GI. We also urge ONC to include SO/GI in the Common Clinical Data Set. As noted above, knowledge of a patient s sexual orientation or gender identity can be an important part of treatment. Inclusion of SO/GI in the Common Clinical Data Set would facilitate its exchange among providers during transitions of care and referrals, as well as its availability to patients and authorized representatives via view/download/transmit. Requiring that EHRs certified for use under the Meaningful Use program include SO/GI functionality would incentivize vendors to include such functionality in EHR software, and help to make it the industry norm. These are all important steps that will make it easier for providers to track SO/GI data on patients in their EHRs, a critical step toward documenting, addressing and reducing LGBT health disparities in preventive screenings, risk behaviors, disease burden, and health outcomes. Proposed terminology In order to substantively advance the goals of the Meaningful Use program and optimize the utility of these data, several other changes and clarifications are needed in addition to making inclusion of SO/GI fields a certification requirement for EHRs. While the SNOMED CT SO/GI codes described in the proposed rule are technically functional, they reflect outdated and, for some individuals, offensive terminology that may interfere with the goal of providing welcoming and affirming health care to LGBT individuals. We therefore recommend that ONC work with the National Library of Medicine (NLM) to develop alternate SNOMED CT codes that better reflect the lives and identities of LGBT individuals. (Some of the groups signed onto this comment also plan to submit requests for changes to SNOMED CT following the established process to the NLM.) We further recommend that all ONC rulemaking on electronic health records, including but not limited to the proposed certification criteria for Meaningful Use Stage 3, require certified EHR systems to show all front-end users, such as health care providers, staff, and patients, a single standard set of questions and answers with appropriate language around concepts related to SO/GI, regardless of the wording of the codes that the answers map onto in the underlying EHR architecture. These questions should be 1) sexual orientation, 2) gender identity, and 3) assigned sex. Below we discuss these recommendations in more detail.

According to the Meaningful Use Stage 3 proposed rule, these codes are as follows: Sexual orientation: Homosexual... SNOMED CT 38628009 Heterosexual... SNOMED CT 20430005 Bisexual... SNOMED CT 42035005 Other... HL7 V3 nullflavor OTH Asked but unknown.. HL7 V3 nullflavor ASKU Unknown... HL7 V3 nullflavor UNK Gender identity: Identifies as male gender. SNOMED CT 446151000124109* Identifies as female gender. SNOMED CT 446141000124107* Female-to-male transsexual. SNOMED CT 407377005 Male-to-female transsexual. SNOMED CT 407376001 Identifies as non-conforming gender. SNOMED CT 446131000124102* Other... HL7 V3 nullflavor OTH Asked but unknown.. HL7 V3 nullflavor ASKU While these codes for sexual orientation and gender identity have some technical functionality, they are suboptimal. Terms such as homosexual and transsexual are sometimes used to describe minority sexual orientation and gender identity, but many LGBT people themselves dislike these terms, considering them outdated and stigmatizing. Collecting SO/GI data in EHRs offers the opportunity for LGBT patients and their providers to form a positive therapeutic relationship based on trust, but this opportunity will not be realized if the language used to ask these questions is fundamentally offputting. We therefore recommend that ONC work with the NLM to create the following SNOMED CT codes and allow them to be used as synonyms for the existing SNOMED codes that are problematic: Instead of homosexual : gay and lesbian Instead of female-to-male transsexual : transgender man, trans male, and transgender female-to-male Instead of male-to-female transsexual : transgender woman, trans female, and transgender male-to-female Recommended questions and answers for sexual orientation and gender identity In order to streamline SO/GI data collection in clinical settings and to promote a common understanding among clinical staff of how to gather these data in a respectful way that promotes

trusting and open dialogue with LGBT patients, we recommend that ONC incorporate the following standard questions and answer options into all rulemaking and other guidance on the Meaningful Use program. These questions and answers are based on research conducted in a diverse set of community health centers across the United States, 1 as well as current surveillance and other public health activities conducted by the Centers for Disease Control and Prevention. We have noted below in italics how these standard answer choices should be understood to relate to the existing SNOMED CT and HL7 codes in the Meaningful Use Stage 3 proposed rule: 1. Do you think of yourself as: a. Straight or heterosexual (SNOMED CT code: heterosexual ) b. Lesbian, gay, or homosexual (SNOMED CT code: homosexual, but create new SNOMED codes for gay and lesbian and allow them as synonyms) c. Bisexual (SNOMED CT code: bisexual ) d. Something else, please describe (HL7 code other ) e. Don t know (HL7 code asked but unknown ) 2. What is your current gender identity? (Check all that apply.) a. Male (SNOMED CT code identifies as male gender ) b. Female (SNOMED CT code identifies as female gender ) c. Transgender male/trans man/female-to-male (SNOMED CT code female-to-male transsexual, but create new SNOMED code for transgender man and allow as a synonym) d. Transgender female/trans woman/male-to-female (SNOMED CT code male-to-female transsexual, but create new SNOMED code for transgender woman and allow as a synonym) e. Genderqueer, neither exclusively male nor female (SNOMED CT code identifies as nonconforming gender ) f. Additional gender category/(or other), please specify (HL7 code other ) g. Decline to answer (HL7 code asked but unknown ) In line with the tested and recommended SO/GI question designs, 2 a field for assigned sex at birth should be added to the draft interoperability standards and asked immediately after the current gender identity question. This will allow for the identification of a patient as transgender through data indicating that the individual s assigned sex is different from the individual s current gender identity. For example, a transgender woman may identify her current gender identity as female ( identifies as female gender ) and indicate that the sex she was assigned at birth is male. We recommend the following assigned sex at birth question and answer options. 3. What sex were you assigned at birth on your original birth certificate? (Check one.) a. Male (SNOMED CT code male 248153007) b. Female (SNOMED CT code female 248152002) c. Decline to answer (HL7 code asked but unknown ) Documentation of both assigned sex at birth and current gender identity is critical for delivering appropriate care to transgender patients. We strongly caution that current gender identity data, not sex assigned at birth, must be the information that populates the gender field on patient

identification materials, such as hospital wristbands, and that should be used for purposes such as determining the gender pronouns used to communicate with patients and making room assignments. Assigned sex at birth data facilitates identification of organs that may be present and require preventive screenings (see, e.g., Deutsch MB, Green J, Keatley JA, et al., Electronic medical records and the transgender patient: recommendations from the World Professional Association for Transgender Health EMR Working Group, J Am Med Inform Assoc, 2013. doi:10.1136/amiajnl-2012-001472). We note that, since we submitted comments on the draft interoperability standards on May 1, 2015, HHS has issued guidance clarifying that health plans must cover all anatomically appropriate preventive screenings for transgender individuals. 3 As an example, again consider a transgender woman. The relevant data in the record would be: Current gender identity: SNOMED code identifies as female gender or transgender woman Assigned sex at birth: SNOMED code male This individual should be referred to as she and her throughout her time in the clinical setting, in accordance with her current gender identity. To facilitate the use of the correct name and pronoun in all views (such as banner, schedule, auto-populated text within progress notes), the EHR should be able to record preferred gender pronoun as well as alias or preferred name. Recording of preferred gender pronoun could look like: Preferred gender pronoun: He/Him She/Her They/Them Similarly, identification such as a wristband should indicate her sex as female, and in sex-segregated circumstances such as room assignments, she should be housed according to her female gender identity. If an administrative gender field is present, it should read female in HL7 or whatever code set is being used to capture administrative gender. Summary We commend ONC for including sexual orientation and gender identity in the 2015 Edition Health Information Technology (Health IT) Certification Criteria, 2015 Edition Base Electronic Health Record (EHR) Definition, and ONC Health IT Certification Program Modifications published March 30, 2015. We strongly urge ONC to 1) require SO/GI functionality as part of the Demographics criterion (as included in the Base EHR definition) for the 2015 Edition Health IT Certification, and 2) require SO/GI functionality as part of the Common Clinical Data Set. Making SO/GI functionality optional through the proposed inclusion in the social, psychological and behavioral module would represent an unfortunate half measure that will cause few EHR vendors to include SO/GI fields in their software. By including SO/GI in both the Demographics criterion and the Common Clinical Data Set, the federal government would enable the identification and reduction of LGBT health disparities in a variety of scenarios. As a component of the Demographics criterion, SO/GI data could be utilized as a variable in

other certification criteria that work to identify health disparities and gaps in care namely the creation of patient lists and Clinical Quality Measure results filtering, if modified as proposed above. Moreover, inclusion in the Common Clinical Data Set is essential because SO/GI data would be exchanged in transitions of care and shared with patients through the view/download/transmit function. We also encourage ONC to work with the NLM to improve the proposed SNOMED CT codes and to use this opportunity to institute adoption of a single standard of SO/GI questions and answers that were developed with LGBT community input and validated in peer-reviewed research. We thank you for your time and attention to this matter. We look forward to continuing to work with the Office of the National Coordinator and CMS to improve SO/GI data collection in EHRs to better understand and reduce LGBT health disparities. Should you have any questions, please contact Harvey Makadon, M.D., Director of Education and Training at the Fenway Institute, at hmakadon@fenwayhealth.org, or at 617-927-6426. Sincerely Yours, Fenway Institute Center for American Progress ACRIA Adelante Health Care, Phoenix AIDS Foundation of Chicago AIDS United amfar APICHA Community Health Center, New York Athlete Ally BAGLY, Inc. (Boston Alliance of LGBTQ Youth) Basic Rights Oregon Beth Israel Deaconess Medical Center, Boston Boston University School of Public Health Brigham and Women s Faulkner Hospital, Boston Brigham and Women's HealthCare, Boston

California Lesbian, Gay, Bisexual, and Transgender Health and Human Services Network Callen-Lorde Community Health Center, New York Campus Pride Center for Health Law and Policy Innovation, Harvard Law School Center for HIV/AIDS Research, Education, and Policy Myrlie Evers-Williams Institute for the Elimination of Health Disparities University of Mississippi Medical Center, Jackson Center of Excellence for Transgender Health, University of California San Francisco CenterLink: The Community of LGBT Centers Chase Brexton Health Care Services, Maryland Coalition for Disability Health Equity Community Access National Network (CANN) Contra Costa Health Services Disability Policy Consortium, Boston Empire State Pride Agenda Equality California Equality Federation Equality Illinois Equality Maryland Equality New Mexico Equality Ohio Equality Virginia Equality Maine Fair Wisconsin

Family Equality Council Fenway Health, Boston FORGE, Inc., Milwaukee Garden State Equality Gay & Lesbian Advocates & Defenders, Boston Gay Men s Health Crisis (GMHC), New York Gender Health Center, Sacramento Gender Justice League, Seattle Georgia Equality GLMA: Health Professionals Advancing LGBT Equality Harrington Park Press, LLC HIV Medicine Association Howard Brown Health Center, Chicago Human Rights Campaign Justice Resource Institute, Boston Lambda Legal Latino Commission on AIDS Latinos Salud, Florida League of United Latin American Citizens Legacy Community Health, Houston Lesbian Health Initiative (LHI), Houston Lesbian, Gay, Bisexual & Transgender Community Center, New York City LGBT Primary Care Alliance

Los Angeles LGBT Center Marriage Equality USA Maryland Citizens Health Initiative Education Fund, Inc. Massachusetts General Hospital MassEquality Mayo Clinic Mazzoni Center, Philadelphia Metro Community Provider Network, Inc., Englewood, Colorado Minnesota Trans Health Coalition Multicultural AIDS Coalition, Inc., Boston NAACP National Alliance of State & Territorial AIDS Directors National Association of Community Health Centers National Black Gay Men s Advocacy Coalition National Black Justice Coalition National Center for Transgender Equality National Coalition for LGBT Health National Coalition of STD Directors (NCSD) National LGBTQ Task Force National Network of STD Prevention Clinical Training Centers National Network of STD/HIV Prevention Training Centers National Partnership for Women & Families New Jersey Citizen Action

One Colorado Education Fund Open Arms Healthcare Center, Jackson, Mississippi Our Family Coalition, San Francisco OutFront Minnesota Partners Healthcare System, Boston PFLAG National Planned Parenthood Federation of America and Planned Parenthood Action Fund Project Inform Rainbow Health Initiative, Minneapolis SAGE (Services and Advocacy for GLBT Elders) San Francisco AIDS Foundation Sidney Borum Jr. Health Center, Boston Southern Arizona Gender Alliance The LGBT Health Resource Center of Chase Brexton Health Care, Maryland The Montrose Center, Houston The National LGBTQ Task Force The Williams Institute, UCLA School of Law Transgender Education Network of Texas Trillium Health, Rochester, New York Trust for America s Health University of California, Davis Health System Young Invincibles Cc:

Andrew Slavitt Acting Administrator Centers for Medicare & Medicaid Services Department of Health and Human Services P.O. Box 8013 Baltimore, MD 21244-8013 1 Cahill S, Singal R, Grasso C, King D, Mayer K, Baker K, Makadon H. 2014. Do Ask, Do Tell: High Levels of Acceptability by Patients of Routine Collection of Sexual Orientation and Gender Identity Data in Four Diverse American Community Health Centers. PLOS One 9(9). doi:10.1371/journal.pone.0107104. 2 Ibid. 3 http://www.cms.gov/cciio/resources/fact-sheets-and-faqs/downloads/aca_implementation_faqs26.pdf (see Q5).