drbowen wrote on Friday, March 27, 2009:
Open Source Medical Software
1470 Ninth Avenue Drive NE
Hickory, North Carolina, 28601
telephone 1-828-325-0950
March 26, 2009
Congressman Patrick McHenry
87 4th St. NW, Suite A
P.O. Box 1830
Hickory, NC 28603
Open Source Software Certification
Executive Summary
Honorable Congressman McHenry:
The new Economic Recovery and Stimulus Act of 2009 requires electronic health records to be certified. As the developers of an electronic health record we agree in principle that the interoperablity standards of the Health Information Technology (HIT) division of Health and Human Services (HHS) will be good for Americans and help improve their health. We could not help but notice that the plans for HIT to spend $19 Billion dollars to study Open Source Health Care Software primarily to support rural health care, free health clinics and primary health care in the United States to help protect the fundamental health care safety net in the United States. The Act goes on to provide funds to reimburse medical practices up to 85% of the purchase price of a certified (emphasis added) electronic health record product. At the same time the Center for Medicare & Medicaid Services (CMS) has proposed an initial 2% increase in reimbursement of fees for the adoption of ePrescribing by physicians with a 7% drop over the next 7 years for physicians that do not comply.
You can understand my chagrin after speaking to Dr. David Hughes of HIT at 11:00 AM on January 19th, 2009, that my not-for-profit free open source software company can not apply for assistance or compete for this project in any way because we are not certified. They will provide no assistance for us to get certified. He explicitly stated that we had to be CCHIT certified. Currently the Certification Commission for Health Information Technology requires a $29,000 initial fee and requires at the same time a $6,000 annual software maintenance fee. If we want to add child health this requires an additional $6,500 and $1,500 software maintenance fee. This a total of $43,000 for a EHR that wants ambulatory care certification with a pediatric indication. The actual reported cost to gt certified by certified by the companies that have been able to manage this is $200,000. The difference being made up in the additional development necessary to achieve certification.
So what is the problem with this? There are over 400 companies in the United States that offer ambulatory Electronic Healthcare Record software. At this time only 21 one have managed to become certified in 2008 and in 2007 only 47 companies. The roll call of these companies reads like a roll call of the whose who of the Rich-N-Famous of American software companies. The smaller companies simply cannot afford this cost of this certification. In comparison, Open Source Medical Software, is a not-for-profit free open source software company. We give our software away for free. We do not have on income stream. Our past, present and future profit is intentionally zero. If the for profit companies struggle with this cost how believes that we can do this with an intentional profit of zero. In fact this type of operation is typical of many open source software companies.
Now I want to reiterate something. I am giving away for free $54 million dollars of software a month to anyone and everyone I can convince for free. I am trying to give to the United States government this fully functional software for free. The US government is refusing my free software because I don’t have the $200,000 to get certified. Now the US government in the Economic Recovery and Stimulus Act is planning to spend $19 BILLION dollars between now and 2010 to investigate how to provide what I am giving away for free. In addition the US Government has officially made law an offer to spend many more tens of Billions of dollars reimbursing well-to-do medical practices what they would have to buy on their own anyway. Congressman, this is so outrageous that I think it makes the jokes about $50 ashtrays and $1,200 toilets seem like a grains of sand on the entire coast of California. Am I the only one that gets the irony of this?
Congressman, We need your help.
Obviously we are not playing on a level field and the Laws being passed are forcing us into an untenable position. You can help by either convincing the CCHIT to lower their fees to include supporting an organization that has no income such as ours. (They have shown no inclination to do this when asked by multiple companies.) Or by helping us to setup a second certification body created for those software companies that cannot afford these outrageous fees.
The Federal Government is obviously hopeless lost when it comes to free open source software projects. The majority of these open source projects work as not-for-profits. The Mitre Corporation performed a study of Free Open Source Systems (FOSS) used by the Department of Defense (DOD) in 2001. 115 FOSS systems were identified and were being used in about 251 applications. When the Mitre Corporation queried the DOD staff about the use of the software and whether it proposed a security risk to the DOD and the United States. The Mitre Corporation found that that FOSS systems were being used in 4 departments that identified FOSS software as mission critical and these included: Infrastructure Support, Software Development, Security, and Research. Te department that objected most strenuously was the IT security department who felt a number, up to 13, of the FOSS systems were especially important in their jobs of protecting the DOD. The Mitre study and “The Cathedral and the Bazaar,” by Eric Raymond, O’Reilly Associates, 1999 will go a long way towards educating the Lawmakers of our country on the strengths and values of Free Open Source Software.
After reading several portions of the Economic Recovery and Stimulus Act of 2009. I am still trying to understand how the US government is going to spend $19 Billion dollars studying something that OSMS already has, gives away for free, and could get certified for much less than 0.01% of the what is just a tiny portion of the entire Act. With all the “Pork” in this massive Act, wouldn’t you, Congressman, pluck out just a single hair on the behalf of this worthy cause?
Sincerely,
Samuel T. Bowen, MD
President
Open Source Medical Software