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Showing posts with label healthcare IT regulation. Show all posts
Showing posts with label healthcare IT regulation. Show all posts

From the aforementioned Huffington Post Investigative Fund article "FDA, Obama Digital Medical Records Team at Odds over Safety Oversight" and timeline of industry resistance to government oversight of health IT (link), one document stands out in my mind.

The internal FDA memorandum of Feb. 23, 2010 ("not intended for public use") to Jeffrey Shuren on HIT risks. which I have now re-hosted at this link (PDF) is quite fascinating.



Internal FDA Memo ("not intended for public use") on potential dangers of health IT. Download the PDF here.



The memo begins:

This report serves to characterize medical device reports (MDRs) in the Manufacturer and User Facility Experience (MAUDE) database, inclusive of MedSun reports, pertaining to Health Information Technology (H-IT) safety issues as requested by the Office of the Center Director, Center for Devices and Radiological Health (CDRH), in contrast to the previously submitted MedSun and Office of Compliance information.


(I've mentioned MAUDE here and here, including a report of an HIT-related patient death at the latter link.)

To those "anecdotalists" in the healthcare information technology community who believe reports of HIT-related harm are "anecdotal, and anecdotes don't make data" (as opposed to the "Markopolists"):


When an internal FDA review of their own data concludes the following, I invite you to think about the point of view that maintains that reports of HIT-related patient injury and death are so 'fragmentary' as to not merit (actually, demand) significant resources be diverted to rigorously addressing the issue of HIT risk:

In summary, the results of this data review suggest significant clinical implications and public safety issues surrounding Health Information Technology. The most commonly reported H-IT safety issues included wrong patient/wrong data, medication administration issues, clinical data loss/miscalculation, and unforeseen software design issues; all of which have varying impact on the patient’s clinical care and outcome, which included 6 death and 43 injuries. The absence of mandatory reporting enforcement of H-IT safety issues limits the number of relevant MDRs and impedes a more comprehensive understanding of the actual problems and implications.


This is especially true considering the FDA's own noted limitations of their information sources:

Limitations of the MAUDE search and final subset of MDRs include the following:

1. Not all H-IT safety issue MDRs can be captured due to limitations of reporting practices including
... (a) Vast number of H-IT systems that interface with multiple medical devices currently assigned to multiple procodes making it difficult to identify specific procodes for H-IT safety issues;
... (b) Procode assignments are also affected by the ability of the reporter/contractor to correctly identify the event as a H-IT safety issue;
... (c) Correct identification by the reporter of the suspect device brand name is challenged by difficulties discerning the actual H-IT system versus the device it supports.
2. Due to incomplete information in the MDRs, it is difficult to unduplicate similar reports, potentially resulting in a higher number of reports than actual events.
3. Reported death and injury events may only be associated with the reported device but not necessarily attributed to the device.
Memo: H-IT Safety Issues
4 Correct identification by the reporter of the manufacturer name is convoluted by the inability to discern the manufacturer of the actual H-IT system versus the device it supports.
5 The volume of MDR reporting to MAUDE may be impacted by a lack of understanding the reportability of H-IT safety issues and enforcement of such reporting.

If HIT were VIOXX or Phen-Fen, the class action lawsuits would likely be starting already.


(Note: for more on why there is a scarcity of data on HIT related adverse events, see my paper "Remediating an Unintended Consequence of Healthcare IT: A Dearth of Data on Unintended Consequences of Healthcare IT" at this Scribd link. This paper was not accepted on first draft by the medical informatics peer review process. I received anonymous review comments such as one that paradoxically stated that the paper "did not contain anything that could not be read in any big city newspaper", an odd comment indeed considering the topic. On that basis I decided not to attempt a revision but to post the paper publicly. -- SS)

One has to ask why this internal FDA report has not been made public until the Huffington Post article, nor been acted upon vigorously. The term of art is "double standard" compared to pharmaceuticals and other medical devices.

When the NEJM starts publishing unreferenced statements of absolute certainty like this from ONC Chair Blumenthal:

The widespread use of electronic health records (EHRs) in the United States is inevitable. EHRs will improve caregivers’ decisions and patients’ outcomes. Once patients experience the benefits of this technology, they will demand nothing less from their providers. Hundreds of thousands of physicians have already seen these benefits in their clinical practice.

and the HuffPo Investigative Fund quotes him as follows:

“We know that every study and every professional consensus process has concluded that electronic health systems strongly and materially improve patient safety. And we believe that in spreading electronic health records we are going to avoid many types of errors that currently plague the healthcare system,” Blumenthal said when unveiling new regulations in Washington on July 13.

... a statement easily demonstrable to be without merit, in fact, then one has to wonder where science has gone.



One also has to wonder if someone is short-circuiting the FDA's role in regulating this technology.

Could Blumenthal (in essence a family doctor), Sibelius (a trial lawyer), DeParle, or others, or the White House itself be telling FDA how to conduct its business? Are they impeding FDA's regulatory role in the irrationally exuberant multi-billion $$$ race to HIT utopia?

Finally, it is my belief that numerous health IT/medical informatics academics and talking heads who've steadfastly avoided the issue of health IT-related patient harm, or scoffed at it in legally-discoverable forums, might find themselves as defendants in upcoming plaintiff lawsuits. "Knew, or should have known" is the phrase that might apply.

As I learned from my pre-informatics Transit Authority medical management experience, juries will likely not take kindly to academic and marketing arguments akin to Scott Adam's sarcastic example of the logical fallacy of "ignoring all anecdotal evidence":

"I always get hives immediately after eating strawberries. But without a scientifically controlled experiment, it's not reliable data. So I continue to eat strawberries every day, since I can't tell if they cause hives."

In an article simply entitled "Danger", Health Data Management author Elizabeth Gardner spells out some "inconvenient truths" about health IT.

Many of the contributors have opined on the risks associated with health IT; several are newly contrite about this issue:

Danger
By Elizabeth Gardner
Health Data Management Magazine, 08/01/2010

Even to Ross Koppel, electronic health records are better than paper ones, "or cuneiform tablets, smoke signals, or carrier pigeons," he adds. He prefers to use hospitals and doctors that have EHRs.

But the University of Pennsylvania sociologist specializes in analyzing interactions between medical computer systems and the people who use them, and he's found enough problems to turn him into an industry gadfly on the potential dangers of EHRs.

"A resident will get an alert at 50 [milligrams of a certain drug] at one hospital, 60 at a second hospital, and no alert at a third hospital because they turned it off," Koppel says. "So he thinks the 70 milligrams he's ordered there are safe. The residents don't know whether the alerts are on or off. They're not familiar with many medications and they start a new rotation every thirty days. They use these alerts as safety bumpers and that's not safe."

... Koppel has found plenty of other glitches, from outright programming errors to user interfaces that make life difficult for clinicians. Numerical values appear in an order that makes sense to the computer but looks random to a human; positive test results aren't always flagged for review; weights aren't consistently labeled as pounds or kilograms (which can lead to babies, for example, being given twice, or half, the medication they need).

"Everyone focuses on why physicians are resistant to computers, but I would rather focus on how difficult the systems are to use," Koppel says. "Most physicians are the smartest guys in the room. Their resistance to technology as such is zero, but they resist software that has a clunky structure."

Dr. Koppel, a sociologist, is a well recognized name in health IT critical thinking circles. He will not win any favors from the health IT vendors and CIO's for that comment about physicians and smartness, but he is quite correct. Physicians are not Luddites. They readily adapt new technology proven as good for patients.

In fact, in my observations IT personnel are the true Luddites, clinging to inappropriate, rigid business-IT views on the healthcare IT development and implementation process (vs. more appropriate and modern agile methodologies), holding unshakable, stereotypical views about physicians, and remaining unreasonably obstinate on clinician complaints about "clunky" health IT user experiences.

Every year the ECRI Institute, Plymouth Meeting, Pa., a not-for-profit organization that evaluates health technology, issues a top 10 list of technology hazards in medical care. "Problems with computerized equipment and systems" ranked seventh this year, right behind "needlesticks and other sharps injuries" and ahead of "surgical stapler hazards." Most of the incidents reported to ECRI by its 5,000 members (hospitals, health systems, payers, and other interested parties) were due to convergence of computers and medical devices in areas like medication management and the routing of device alarms to clinicians' cell phones and pagers. (ECRI Institute points out that such problems are "most certainly underreported.")

Under-reporting of health IT hazards is a familiar theme to this author, as in a 2009 paper entitled "Remediating an Unintended Consequence of Healthcare IT: A Dearth of Data on Unintended Consequences of Healthcare IT" that was not published due to first-round reviews. Some of those reviews were legitimate and constructive regarding revision, but others appeared to suggest the topic was verboten (for example, "nothing is in this paper that could not be read in any big city newspaper", rather the oxymoron considering the paper's topic). I did not bother with a revision, simply making the paper public and bypassing the peer review censorship I saw coming.

But EHRs can easily cause errors, too. Plenty of experts believe that too many systems are being installed too fast into environments too complex to be easily computerized. In the frenzy to be eligible for federal EHR meaningful use incentive payments, and avoid reimbursement penalties starting in 2015, institutions may be setting themselves up for disastrous computer-induced medical errors.

The theme of "too fast" has been present in my writings for awhile now; see for example my 2008 posts "Should The U.S. Call A Moratorium On Ambitious National Electronic Health Records Plans?" and "Open Letter to President Barack Obama on Healthcare Information Technology".

"I'm one of the biggest believers [in EHRs], but there's tremendous pressure to implement these systems so fast," says medical informaticist Dean Sittig, associate professor at the University of Texas Health Science Center at Houston and a leading researcher on successes and failures of EHR implementations. "It worries me that people won't have adequate time to come to grips with what they're doing and test their systems properly."

Dr. Sittig did write some excellent, pioneering articles on the indispensibility of the CMIO role ("information architect" - PDF) back in the mid-1990's that I use in my teaching. However, a few years ago he told a former student of mine (he was unaware of that relationship) who listed me as a reference on her CV to not do so, as I was not a "real medical informaticist" or words to that effect. Seems at the time he may have taken issue with my realist views on the problems with health IT.

The medical environment is more complex than other fields like aircraft navigation, which is already hard enough to computerize, notes Nancy Leveson, professor of aeronautics and astronautics at the Massachusetts Institute of Technology. She's a pioneer in software safety ... "We're talking about a professional environment of doctors, and changing the way they do business," Leveson says. "Most other kinds of automation aren't doing that.

This issue is critical and at the root of health IT dysfunction. No other profession is being asked to use IT in the manner in which clinicians have been asked. No other profession may have an information model as complex that they're asked to record in painstaking, granular detail, either.

Because software engineers aren't taught about usability and the impact of their systems on the world, they think they'll just automate it the way they want and make people do it their way. There's a lot of stuff out there [in health care] that's very difficult to use. The industry is naive about introducing software and the change it requires and the potential hazards it introduces, and they think it's going to be all right."

I would replace the word "naive" with "willfully ignorant, complacent and negligent." There are simply no acceptable excuses for a field that has been in existence for decades to be as toddlers on the impact of their work.

... Clinicians who already have extensive experience with EHRs are under no illusions that everything works smoothly. "It's inevitable that some new errors will be introduced [with EHRs]," says David Bates, M.D., chief of general medicine at Brigham and Women's Hospital, Boston, a patient safety expert, and a member of the information technology executive committee of Partners HealthCare, Brigham's parent.

Considering the ice-cold reception by most of those clinician experts (e.g., in the medical informatics community) to my writings on HIT problems that began in 1999 and now reside at my Drexel site here, and to the similar writings of others, I disagree with Bates' assessment. I think the experts have now painted themselves into a corner and have been forced by reality and their own willful blindness into admitting the truth about this experimental technology. (A PubMed search on "Bates DW" is not generally revealing of papers on health IT risks until relatively recently.)

"The key thing is to devote enough resources and attention to fixing them [errors] after they happen. Your EHR may prevent 10 errors for every new one it causes [not sure where these figures come from or if they're generalizable at all - ed.], but you have to have an approach for dealing with the new ones."

Again, I would differ. The key thing is to prevent them from happening as much as possible. The pharma and medical device industries do this through RCT's, post market studies, and strong regulatory requirements for their products' manufacture and use.

Bates is not an advocate of regulation of health IT. As in my post "JAMA letter: Health Care Information Technology, Hospital Responsibilities, and Joint Commission Standards", in 2009 Bates signed on to an unpublished letter to JAMA (archived here) in response to Koppel and Kreda's article on "hold harmless" clauses that stated "... the belief that the best approach to increase the safety and effectiveness of EHR systems is by legal regulation of system vendors is misplaced." (Incidentally, the letter that JAMA did publish was mine.)

... Partners has been developing its own in-house EHR for several decades, and still encounters things that need fixing. For example, when physician order entry was introduced, the system made it possible to order fatally large doses of intravenous potassium, because the initial order choices hadn't been properly vetted by the internal team responsible. The nurses who executed the orders knew enough to catch the error before it harmed a patient, but Bates says it took a year and a half to get the screen corrected in the order entry system.

I can add that taking a year and a half to correct a potential fatality-causing screen in a home-built clinical IT application is not just a technological issue, but also an organizational, political and leadership issue.

... "Emergency care is by definition nonlinear and unpredictable, and information technology tends to enforce a certain amount of linearity: you can't do step 5 until you've done steps 1 through 4," says Wears. Emergency room personnel often care for multiple patients simultaneously and have to do things "out of order" so they can be more efficient. If an EHR enforces a linear pattern, it will just get in their way, and they'll compensate by running a parallel system on paper and putting information into the EHR later. "That subverts one of the fundamental things you wanted the system to do-give you real-time feedback on good and bad ideas," Wears says.

The realities of the ED cannot be neatly dealt with as if a calm, solitary office environment .

There's plenty of blame to go around. Koppel and Leveson say software design, or lack of it, is a common culprit, and they take vendors to task for not focusing on usability.

Again, there is no reasonable excuse for IT intractability in a mission critical sector.

Leveson says part of the problem is a lack of regulatory standards. "The FDA doesn't want to oversee anything and that's a mistake," she says. "So it's become this free-for-all in the industry."

I've used that same language. In my 2009 post E-Health Hazards: Provider Liability and Electronic Health Record Systems I wrote "the unregulated free-for-all that has been the health IT marketplace, with dangerous and even outrageous practices I noted starting a decade ago, must come to an end as the market matures and as diffusion of this technology massively increases per the government mandates now in effect."

Though experts say EHRs clearly fall under the category of medical devices, the FDA has steered clear of directly regulating them. Its ill-starred policy of requiring pre-market approval for blood-bank software, begun back in the 1990s, resulted in major vendors pulling out of the market altogether and stifling innovation ... "That kind of regulation provides a huge economic disincentive and there hasn't been any substantial improvement in blood bank software in 10 years," says Geisinger's Walker. "If the FDA required it for EHRs, it would harm patients more than help."

I disagree with Walker and especially disagree with the latter statement, based on one anecdotal case of IT regulation (ironically, it's HIT proponents who most often claim that 'anecdotes' of patient harm don't make data).

Further, the FDA was called in initially because of IT dangers in existing blood banking software. Also, the "innovation" referred to could more accurately be referred to as "lifecycle adaptation and enhancement", not true innovation. In other words, there was not enough profit to be made in maintaining mature software under regulation. The effect might be to push the quick-buck profiteers out of the industry, and thus improve quality and innovation.

The Swedish Medical Products Agency is leading the way for consideration of HIT in the EU as a medical device to be regulated as in my post "Improving Patient Safety In The EU: HIT Should Be Classified As Medical Devices". Yet, that didn't seem to impact Swedish innovation; in the UK, Wrightington, Wigan and Leigh NHS Foundation Trust has recently awarded its hospital information system contract to Swedish healthcare systems provider, Cambio (link).

Albeit in another anecdote, FDA's regulation did not harm pharma IT as far as I could tell, while a Group Director in Merck Research Labs' Research Information Systems Division.

Truth is, there is no good data one way or the other regarding regulation, but after thirty or more years of an unfettered HIT industry, I believe it reasonable to say that the presence of harmful HIT speaks more for regulation than for a continued industry "free-for-all."

The Agency for Healthcare Research and Quality is currently working with the FDA, VA and other federal agencies to develop a common format for reporting I.T.-related patient safety events and unsafe conditions.

"What took so long" is my question.

Read the whole article. The myth of health IT beneficence continues to be eroded. One can only hope the tens of billions earmarked for the technology in the recent economic "recovery" legislation will become similarly eroded in years to come, to allow the technology to be safely improved - that is, in vitro, not in vivo.