A PHR is under the control of the patient and is different than an electronic health record (EHR), which is under the control of the physician. The beneficiary controls control who may access the information in the PHR.

Finally, the CMS has proposed stronger protections for beneficiaries enrolled in Medicare Advantage health plans and Medicare prescription drug plans, and beneficiaries enrolled in special needs plans.


The proposed regulation is continuing compliance and oversight of the Medicare Advantage program, and prohibits unsolicited door-to-door marketing and cold-calling of beneficiaries, as well as sales activities in areas where beneficiaries receive health care education or services. Another proposal is a requirement for Medicare Advantage organizations to have state-licensed agents for MA and Part D marketing, and to establish level commission structures for sales agents and brokers for all years and all MA plan product types. Under the proposal, CMS would be able to determine flexible penalty amounts and authority to impose a penalty of up to $25,000 for each enrollee affected by a violation.

The rule also proposes new protections for beneficiaries enrolled in special needs plans in institutions such as nursing homes, and those eligible for both Medicare and Medicaid programs and/or have certain severe or disabling chronic conditions. The protections include a requirement that 90 percent of new enrollees in special needs plans be special needs individuals, and protection of beneficiaries from being billed for cost-sharing that is not their responsibility.

More information is available at: http://www.cms.hhs.gov/apps/media/press_releases.asp

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