Bureau of National Affairs is reporting that CMS and the OIG have submitted proposed regulations to extend the exception from the physician self-referral law and the safe harbor under the anti-kickback statute for EHR donations. The report indicates that proposed regulations have been sumitted to the White House Office of Management and Budget (“OMB”) for review. Submission to the OMB is typically the final step to proposed regulations being issued.
The Stark Law exception and anti-kickback statute safe harbor for EHR donations permitted certain health care providers to make a donation of up to 85% of the cost of an EHR to other health care providers. The donations were permitted so long as the donor and recipient complied with the requirements of the regulations. These requirements included a written donation agreement, recipient not already possessing equivalent technology and the donation not being tied to the volume or value of referrals from the recipient to the donor.
Should you have any questions, please contact Jeff Short at 317-977-1413 or jshort@hallrender.com.
