Articles and Blogs

Executive Summary On December 27, 2013, the Centers for Medicare & Medicaid Services (“CMS”) and Office of Inspector General (“OIG”) published final rules that amend regulations commonly known as the “EHR Donation Regulations.”  The EHR Donation Regulations consist of an exception to the physician self-referral law (Stark) (42 CFR 411.357(w)) and a safe harbor... READ MORE

Regulations to extend the exception from the Stark Law and safe harbor from the Anti-Kickback Statute for the donation of electronic health records (“EHRs”) have been cleared by the Office of Management and Budget (“OMB”) and will be published on December 27.  The relevant provisions of the amendments are: (1) the exception/safe harbor for... READ MORE

The Office of the National Coordinator for Health Information Technology (“ONC”) has announced a webinar regarding the proposed regulatory timeline for electronic health record (“EHR”) certification criteria for 2015.  The webinar will take place on Wednesday, December 18 at 4:30 PM and is scheduled to last 30 minutes.  You can register here. If you... READ MORE

CMS has indicated that it intends to extend Stage 2 of meaningful use attestation under the Medicare/Medicaid Electronic Health Record (“EHR”) Incentive Program.  In a recent blog post, CMS states that the new or modified Stage 3 requirements for becoming a meaningful user of a certified EHR technology will not be effective until 2017... READ MORE

This month, the Department of Health and Human Services (“HHS”) announced it is redefining the 2014 certification criteria for Certified Electronic Health Record Technology (“CEHRT”) for the Meaningful Use Incentive Program. The previous 2011 CEHRT criteria required that eligible providers have complete CEHRT capable of meeting all certification criteria for an inpatient or ambulatory... READ MORE

If you are facing a meaningful use audit, you are not alone.  Medicare private contractors are out in force as they carefully review supporting documentation for a meaningful use attestation.  Providers who are utilizing a certified electronic health record (“EHR”) technology may find surprising challenges as they attempt to extract necessary information from the... READ MORE

On August 1, 2013, bill H.R. 2957 was introduced to the House of Representatives, which would extend health information technology meaningful use incentives to behavioral health, mental health and substance abuse professionals and facilities.  The term “additional eligible professional” would be added to meaningful use legislation to cover clinical psychologists providing qualified psychologist services. ... READ MORE

Under the Meaningful Use Stage 2 Measures both Eligible Professionals and Eligible Hospitals must use Computerized Provider Order Entry (“CPOE”) for medication, laboratory and radiology orders directly entered by any licensed health care professional who can enter orders into the medical record per state, local and professional guidelines.  Previously, the Centers for Medicare & Medicaid... READ MORE

The Agency for Healthcare Research and Quality updated its website to include a new tool for eligible professionals and eligible hospitals to track the meaningful use requirements.  The tool, available here, consolidates published meaningful use guidance including both the “Objectives” and the “Clinical Quality Measures.”   Users can also download and create custom reports based on selected... READ MORE

As we get further into the 2013 Atlantic hurricane season and experience more severe weather and wildfires, now is the time to review and refresh your IT disaster recovery plans and business continuity plans.  The Federal Emergency Management Agency Ready website and U.S. Department of Health and Human Services HRSA website provide example business... READ MORE