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Health and Human Services Secretary Kathleen Sebelius on Friday announced funding to help rural hospitals switch to electronic health records.

As the Justice Department (DOJ) mulls new rules designed to prevent sexual assaults in the nation's prisons, New York Times editorialists on Friday offered a suggestion: "The policies … need to be as tough as possible."

"A recent report from the Justice Department’s Bureau of Justice Statistics makes that clear, suggesting yet again that sexual violence is frighteningly commonplace in the nation's prisons and jails," the Times writes. 

That report, released last month, found that roughly 88,500 inmates in the nation's prisons and jails were sexually assaulted last year by fellow inmates and prison staff. 

"But rape victims in prison are often hesitant to report their assaults out of shame or fear of reprisal," the Times notes, "and these numbers may actually underestimate the problem." 

A 2003 law created an expert commission to study the problem and make recommended solutions. Fifteen months ago, after four years of study, that panel submitted its suggestions to the DOJ. Still, the agency missed its June deadline for finalizing the new rules, amid concerns from the prison lobby that installing them will be too expensive.

Behind Attorney General Eric Holder, DOJ expects to issue proposed rules in the fall.

The delay, the Times writes, has led to concerns from prison reformers that the DOJ might dilute the commission's suggestions during the public comment period. 

"Mr. Holder," the paper says, "needs to ensure that doesn't happen."

The Food and Drug Administration (FDA) this week put five electronic-cigarette makers on notice that they're violating federal manufacturing and drug-safety laws. 

The FDA also announced it will begin regulating the industry in the name of public health.

"FDA invites electronic cigarette firms to work in cooperation with the agency toward the goal of assuring that electronic cigarettes sold in the United States are lawfully marketed,” Janet Woodcock, director of FDA's Center for Drug Evaluation and Research, wrote in a letter to the Electronic Cigarette Association, a lobbyist group.

Powered by a battery, electronic cigarettes vaporize liquid drugs so that users can inhale them. And nicotine isn't the only drug available for the devices: some companies market them for their capability to deliver weight-loss and erectile dysfunction drugs. 

Under current law, "a company cannot claim that its drug can treat or mitigate a disease, such as nicotine addiction, unless the drug’s safety and effectiveness have been proven," FDA said in a release. "Yet all five companies claim without FDA review of relevant evidence that the products help users quit smoking cigarettes."

The FDA gave the companies 15 days to respond.

This post was updated at 12:39 p.m.

The Senate Appropriations health subpanel will meet next week to examine the consequences of a recent court-ordered moratorium on federal funding of embryonic stem cell research, Chairman Tom Harkin (D-Iowa) announced Thursday. 

Last month, a federal judge temporarily blocked the Obama administration's efforts to expand such research, arguing that the process violates a law against the federally funded destruction of human embryos.

On Tuesday, U.S. District Judge Royce Lamberth denied a White House request to delay the moratorium while the appeals process runs its course.

The hearing is scheduled for next Thursday at 10 a.m.

The featured witness will be Francis Collins, director of the National Institutes of Health, who will appear along with a handful of stem cell researchers.

This post was updated at 10:27 a.m. Sept. 10. An earlier version mistakenly said the hearing would take place in the Senate HELP Committee. 

The American Hospital Association is increasing its pressure on lawmakers to allow large hospital systems to apply for several federal incentive payments for adopting electronic health records.

In an advocacy alert sent to its members Thursday, the AHA requests that its members press lawmakers to get on board legislation that would tweak regulations released in July. The AHA wants to amend a provision that says hospitals with multiple campuses are only eligible for one incentive payment if they share the same Medicare provider number.

"This portion of the rule does not reflect congressional intent to treat hospitals equitably for purposes of federal incentives; nor does it recognize the costs of implementing EHRs across different institutions within a single hospital system," the AHA alert says.

The bill supported by the AHA was introduced just before the August recess by Reps. Zack Space (D-Ohio) and Michael Burgess (R-Texas). Sen. Charles Schumer (D-N.Y.) sponsored the Senate companion.

High-ranking Democrats — including Ways and Means Chairman Sandy Levin (D-Mich.) and Health subpanel Chairman Pete Stark (D-Calif.) — also support the change, increasing the chances that the bill could pass before the midterm elections or during the lame-duck session.

Last year's recovery act set aside $1 billion in incentive payments for early adopters of electronic health records. Healthcare providers who don't go paperless by 2015 will be penalized through lower Medicare reimbursements.

The recent stall in the decades-long decline in America's smoking rate has captured the attention of heart-care advocates, who said this week that the trend betrays a failure among the nation's policymakers to take more aggressive steps to fight the habit.

About 20 percent of American adults — nearly 47 million folks — smoke cigarettes, the Centers for Disease Control and Prevention (CDC) revealed Tuesday, indicating tobacco use has leveled off after falling consistently for four decades.

"Between 2005 and 2009, there was no further reduction in tobacco use," CDC Director Thomas Frieden told reporters in a phone call Tuesday.

On top of that, CDC estimates 98 percent of kids living with smokers have detectible levels of tobacco toxins in their blood. "If you smoke and have kids, don't kid yourself — your smoking is harming your children," Frieden said. 

The numbers, said American Heart Association CEO Nancy Brown, "reveal a shortsightedness among too many policymakers to take aggressive measures to reduce smoking rates." 

"Without bold action by our elected officials," Brown said in a statement, "too many lives, young and old, will suffer needlessly from chronic illness and burdensome health care expenses."

Frieden agreed, noting states with aggressive smoking cessation programs have cut rates well below the national average. The recession, Frieden said, hasn't helped in the battle against tobacco use, as many states have cut back on anti-tobacco programs to address budget concerns.

But the real culprit, Frieden said, is the tobacco industry itself. 

"The industry has gotten even better at side-stepping laws designed to get people to stop smoking," he said. "They ensure that every cigarette they sell delivers nicotine quickly and efficiently to keep people addicted."

"While government efforts are often standing still or even moving backward," he added, "the tobacco industry is not standing still."

President Obama's new economic priorities — and Democrats' desperate desire to refocus on job creation ahead of the mid-term elections — could delay health bills after the August recess.

Sandra Eskin, director of the Pew Charitable Trusts' food safety campaign, tells The Hill that food safety legislation is "ready to roll" and could come up in the next to weeks. But, she added via e-mail, "I guess it depends on what happens with the small biz legislation/new economic proposals."

Regan Lachapelle, spokeswoman for Senate Majority Leader Harry Reid (D-Nev.), said "food safety is still on a list of possible items that we could consider in the upcoming work period. We are still working on the schedule."

The Senate on Tuesday is still expected to take up two amendments to a small business bill that would affect a tax filing requirement created by the healthcare reform law. An amendment by Sen. Mike Johanns (R-Neb.) would eliminate the provision requiring businesses to report more purchases to the IRS.   

A substitute from Sen. Bill Nelson (D-Fla.) would scale down the tax filing requirement without eliminating it.

"We are still planning on having the vote," Lachapelle said.

Worker health issues back on the radar: Advocates are pushing for shorter shifts for medical residents and mandatory flu shots for healthcare workers. Meanwhile, the U.S. Chamber of Commerce rings the alarm bell over mine safety legislation pending in Congress.

Sleep deprivation linked to medical errors: The Occupational Safety and Health Administration (OSHA) issued a statement late Thursday linking medical residents' long hours to a range of safety issues.

"We are very concerned about medical residents working extremely long hours, and we know of evidence linking sleep deprivation with an increased risk of needle sticks, puncture wounds, lacerations, medical errors and motor vehicle accidents," said David Michaels, the Labor Department's OSHA assistant secretary. http://bit.ly/cNSSUf

The statement comes in response to a petition by Public Citizen, SEIU and others requesting that OSHA assume jurisdiction over the work hours of physician residents — and to put strict limits on what those hours can be. http://bit.ly/9OCmVi

Business to benefit from health reform? Democrats are touting a couple of new studies highlighting the law's benefits for employers. Meanwhile, the U.S. Chamber of Commerce holds its Labor Day briefing blasting government policies that create "barriers to job creation" — including healthcare reform.

The RAND Corporation has a perspective in the New England Journal of Medicine looking at the law's effect on workers' health insurance coverage. The authors address the question of "whether the employers’ role in providing insurance will diminish or disappear over time."

Their answer: The law will result in a "large net increase in employer-sponsored insurance offers," particularly among small employers: The proportion of employees at firms with 50 or fewer workers who are offered coverage would increase from 60.4 percent to 85.9 percent under RAND's modeling.

RAND offers two reasons: "greater demand for coverage by workers due to individual penalties for being uninsured and the availability of new, often lower-cost insurance options (because of administrative savings, for example) for small businesses that offer coverage on the exchanges." Read the study: http://bit.ly/d0NZM6

Meanwhile, the Commonwealth Fund writes in a new report that 16.6 million small business employees work in firms that will be eligible for tax credits under the new law. The study says 3.4 million might work in firms that will take advantage of the credits by 2013. Not only that, but the value of the tax credits will increase in 2014, from as much as 35 percent of employers' premium contribution to as much as 50 percent.

The Commonwealth Fund goes on to list other provisions that should benefit small businesses and their employees, including administrative cost limits and annual review of premium increases.

“The Affordable Care Act is a big step forward for small businesses and their employees,” Commonwealth Fund President Karen Davis said in a statement. “Not only will business owners see immediate benefits from the tax credits, but owners and employees alike will be protected from steep premium increases and high out-of-pocket costs, ensuring they will have access to the stable, secure health insurance they deserve.”

Read the Commonwealth Fund press release: http://bit.ly/auXEvB

Read the study: http://bit.ly/cIzlBy

The Chamber of Commerce isn't toning down its criticism of the new law. Among the issues expected to come up at its briefing on obstacles to job creation is the 1099 tax reporting requirement, which businesses are trying to have pared down or eliminated.

The Chamber doesn't think the law can be repealed but it fighting hard to have it amended, according to a memo obtained by ABC News in March: http://bit.ly/b1q05b

Businesses of two minds on health reform? Speaking of the Chamber, 20 or so of the members of its board of directors are participating in the federal Early Retiree Reinsurance Program, according to an analysis by The Hill. The $5 billion program was created by the health reform law and helps pay for retirees medical bills before they're eligible for Medicare.

"We’re pleased the Affordable Care Act is delivering much-needed relief to businesses that provide coverage for their retirees," said an administration official. Read more: http://bit.ly/dg5q6Y

Wyden moves ahead with health-reform waiver: Sen. Ron Wyden (D-Ore.) wants to let Oregon ignore certain provisions of the new law, including its individual mandate, the Huffington Post reports.

"The Oregon Democrat is seeking to take advantage of a provision he helped write into the legislation that allows states to set up their own health care systems as long as they meet minimal requirements established by the Department of Health and Human Services," writes Sam Stein. "In a letter to the state's Health Authority office, Wyden announced that he will introduce legislation to accelerate the start date for state waivers from 2017 to 2014, if not earlier for Oregon specifically." Read more: http://huff.to/asWdhZ

Health Information Technology announcement planned: Health and Human Services Secretary Kathleen Sebelius travels to Cincinnati to highlight the administration's continued investments in HIT. While there, she's scheduled to make "an announcement regarding the use of electronic medical records," according to HHS.


Lawmakers rebuffed on durable medical equipment request: The Obama administration this week rejected a request from House lawmakers that Medicare announce the first-round winners of the agency's competitive bidding program for durable medical equipment (DME).

"We do not believe it would be appropriate or in the public interest to release any bidders' names before the contracting process is complete, as there are a number of risks associated with doing so," Donald Berwick, head of the Centers for Medicare and Medicaid Services (CMS), wrote in an Aug. 30 letter to Rep. Jason Altmire (D-Pa.). Read more: http://bit.ly/c4xCOb

Hospital profits raise eyebrows: Forbes magazine this week released its first-ever survey of America's most profitable hospitals, revealing 24 hospitals with more than 200 beds make 25 cents or more for every dollar of patient revenue they take in. The report is being widely disseminated by the health-insurance industry, which is pushing back against claims that health insurance profits — rather than rising medical costs — are to blame for rising premiums. Read more: http://bit.ly/dDuW2d