• Home
  • Blog
  • Contact
HIPAA ComplianceHIPAA Compliance
HIPAA ComplianceHIPAA Compliance
  • Home
  • Blog
  • Contact

Final Rules for EHR Incentives and Certification Criteria at OMB for Review

July 8, 2010 American Recovery and Reinvestment Act, Health IT and HITECH, Meaningful Use No Comments

The Office of Management and Budget (OMB) received in early July for Executive Order (EO) 12866 Regulatory Planning and Review two Final Rules relating to electronic health record (EHR) incentives and certification criteria required under the Health Information Technology for Economic and Clinical Health Act (HITECH Act) that was enacted on February 17, 2009 as part of the American Recovery and Reinvestment Act of 2009.

On Friday, July 2, 2010, OMB received from the Office of the Secretary at the Department of Health and Human Services (HHS) for review Health Information Technology:  Initial Set of Standards, Implementation Specifications, and Certification Criteria for Electronic Health Record Technology; Final Rule.  The Interim Final Rule was issued on January 13, 2010, was effective February 12, 2010, and the public comment period ended on March 15, 2010.  From the Abstract:  “The certification criteria adopted in this initial set establish the technical capabilities  and related standards that certified electronic health record (EHR) technology will need to include in support of the Medicare and Medicaid EHR Incentive Programs.”

On Monday, July 5, 2010, OMB received from HHS’ Center for Medicare & Medicaid Services (CMS) for review Electronic Health Record (EHR) Incentive Program; Final Rule. The Notice of Proposed Rulemaking (NPRM) was issued on January 13, 2010 (75 Federal Register 1843), and the public comment period ended on March 15, 2010.  From the Abstract:  “The Medicare and Medicaid Health IT provisions in the American Recovery and Reinvestment Act of 2009 promote the adoption and meaningful use of certified electronic health records (EHRs).  The Recovery Act authorized incentive payments for eligible professionals (EPs) and hospitals participating in Medicare and Medicaid for becoming meaningful users of certified EHRs.  The law established maximum annual incentive amounts and includes Medicare penalties for failing to meaningfully use EHRs beginning in 2015, for professionals and hospitals that fail to adopt certified EHRs.”  This rule outlines statutory deadlines for the programs:

January 1, 2011:  Date can start incentive payments to EPs (Medicare)

October 1, 2010:  Date can start incentive payments to hospitals (Medicare)

The rule “[e]stablishes policies and procedures required before the incentive program can begin.  Additionally, supplemental payments are available in 2011 and 2012.  If eligible professionals and hospitals are not meaningful Electronic Health Record users by 2015, there will be a Medicare payment adjustment imposed.”

These two rules go together.  Because of upcoming deadlines, and the information contained therein relates to the Final Rule published in the Federal Register on June 24, 2010:  Establishment of the Temporary Certification Program for Health Information Technology; Final Rule (75 Federal Register 36157), it is likely that OMB will expedite review of the two referenced final rules and publication in the Federal Register will occur shortly thereafter.  (20100706)

Tags: American Recovery and Reinvestment Actannual incentivescertification criteriaCertified EHRDEPARTMENT OF HEALTH AND HUMAN SERVICESEHREHR financial incentiveselectronic health recordeligible professionalsEO 12866EPExecutive OrderFebruary 17 2009Federal RegisterFinal ruleHealth Information Technology for Economic and Clinical Health ActHHSHITECH Acthospitalsimplementation specificationsInterim Final RuleJanuary 13 2010Meaningful UseMedicaid EHR incentive programMedicare EHR incentive programMedicare penaltiesNotice of Proposed RulemakingNPRMOffice of Management and BudgetOMBpolicies and proceduresRegulatory Planning and ReviewStandardsstatutory deadlinesTemporary Certification Program for HIT
No Comments
Share
0

You also might be interested in

Access Control: What This HIPAA Security Rule Technical Safeguard Standard Means

Jun 2, 2009

This is the first Technical Safeguard Standard of the HIPAA[...]

Exploring HIPAA and HITECH Act Definitions: Part 3

Oct 29, 2009

From now through November, HIPAA.com is providing a run through[...]

200 Breaches Impacting Almost 5.9 Million Individuals, with Theft and Loss of Laptops and PEDs Major Cause

Dec 6, 2010

December 2, 2010.M Under the Health Information Technology for Economic[...]

Leave a Reply Cancel Reply

Categories

  • 5010
  • American Recovery and Reinvestment Act
  • Enforcement
  • GINA
  • Health Care Reform
  • Health IT and HITECH
  • HIPAA Law
  • Identifiers
  • Meaningful Use
  • Privacy
  • Red Flags Rules
  • Security
  • Transactions & Code Sets
  • Uncategorized

Recent Posts

  • Contracting with Vendors that are NOT HIPAA Business Associates: Best Practices
  • HIPAA Breach: Who You Gonna Call?
  • Can I Be Sued for a HIPAA Violation?
  • Business Associate Agreements – a First Look at Indemnification
  • Gmail, Google Apps for Business HIPAA Business Associate Agreements

Archives

Contact Us

We're currently offline. Send us an email and we'll get back to you, asap.

Send Message
HIPAA- Health Insurance Portability Accountability Act

© 2023 · hipaa.com

Prev Next