Health Care Lawyer Blog

This week the Office of the National Coordinator for Health Information Technology (“ONC”) announced that the Certification Commission for Health Information Technology (“CCHIT”) and the Drummond Group, Inc. (“DGI”) were the first technology review bodies authorized to test and certify EHR systems for compliance with the "meaningful use" rules. This means that EHR vendors can begin to have their products certified.

This announcement is of special import to health care providers who intend to implement EHR systems in order to qualify for Medicare and Medicaid incentives – and avoid the eventual penalties for failing to do so that take effect in 2015. Specifically, it is not enough for a provider to implement an EHR system – the technology platform used must be “certified” in order to ensure accurate transfer and exchange of information from provider to provider.

With the initial two ONC-ATCBs now named, EHR vendors can apply to them for certification of their products. By purchasing certified products, providers can be assured that the products support achievement of meaningful use objectives.

CMS is also working to create an online system for providers to register and attest (i.e., demonstrate use of for the HER incentive programs. The first incentive payments are targeted to be made in May 2011. Meanwhile, ONC is also carrying out new programs of technical assistance and training for the use of EHRs, especially for smaller hospitals and physician practices.

For more information, visit the ONC website.

Today's post was authored by FHWN attorney Maro E. Bush.

The Centers for Medicare and Medicaid Services (CMS) and Health and Human Services Office of the National Coordinator for Health Information Technology recently issued their much-anticipated final meaningful-use information technology regulations that hospitals and physicians must follow to tap into some $27.3 billion in financial incentives under the HITECH act.

In its final meaningful rule published on Tuesday, the CMS abandoned its original all-or-nothing approach to offering incentives for electronic health record (“EHR”) adoption. Healthcare providers now have various ways of reporting objectives to demonstrate meaningful use of EHRs. Additionally, some objectives that are deemed too difficult to achieve by the original 2011 deadline will be delayed a year.

One of the major changes in the final rule requires providers to meet a “core” group of objectives, including electronic prescribing, maintaining an active medication list and providing patients with an electronic copy of their health information upon request. In its proposed meaningful use rule published in January, CMS had required providers to meet 25 measures and hospitals to meet 23 measures in order to demonstrate they were meaningfully using EHR. However, critics of the rule argued that meeting the objectives would impose a heavy burden on providers. Under the final rule, physicians must meet 15 of the core requirements, and hospitals must meet 14. Providers must also choose and meet an additional 10 measures from a “menu set” of procedures, but may defer up to five of them until the next implementation stage.

CMS anticipates that the new approach will allow providers and hospitals to implement the basic elements of meaningful EHR use while qualifying for incentive payments. Through meaningful EHR use, CMS aims to improve the quality, safety and efficiency of healthcare services; reduce healthcare disparities; engage patients and their families; improve the coordination of care; improve population and public health; and ensure the privacy and security of personal medical information.

Physicians and other health care providers who want to learn more about implementing EHR systems and qualifying for incentive payments should contact Maro E. Bush or Mercedes Varasteh Dordeski.