Technical Corrections to HIPAA Omnibus Rule Released

June 6, 2013March 12, 2014 Kathie McDonald-McClure Federal Law Resources, Health Information Technology, HITECH Law, Privacy & Security HIPAA Omnibus Rule, HITECH Act

The U.S. Department for Health & Human Services (HHS) announced it is releasing technical corrections to the HIPAA Omnibus Rule tomorrow. These technical corrections are “to address public comment received on the interim final Breach Notification Rule, and to make certain other modifications to the HIPAA Rules to improve their workability and effectiveness and to increase flexibility for and decrease burden on the regulated entities.” HHS “determined that the corrections in this final rule are minor, routine determinations in which the public would not be particularly interested, or about which the public has already been put on notice, given the context of the errors or omissions to be corrected.”

These technical corrections are scheduled to be published on June 7, 2013, but until then, you can download the pre-publication, PDF version here.

HHS Announces Dramatic Increase in Adoption of Electronic Health Records

May 23, 2013March 12, 2014 Kathie McDonald-McClure Electronic Health Records, Eligible Professional Incentives, Health care reform, Health Information Technology, HITECH Law, Hospital EHR Incentives, Meaningful Use, Physician EMR Stimulus ARRA, Electronic Health Records, Health Information Technology, HITECH Act, linkedin, meaningful use of certified EHR, ONC

On May 22, 2013, Kathleen Sebelius, Secretary of the United States Health & Human Services Department, announced that over 50 percent of doctors and over 80 percent of hospitals are making a “meaningful use” of electronic health records (EHRs) and have received incentives for such use. By comparison, in 2008, just nine percent had adopted EHRs. Secretary Sebelius credits the “dramatic increase” in adoption of EHRs to the Health Information Technology for Economic and Clinical Health Act (HITECH Act) that was passed as part of the American Recovery and Reinvestment Act of 2009 (ARRA). The HITECH Act awards incentives to eligible professionals (physicians) and hospitals who make a “meaningful use” of EHR technology that has been certified by the HHS Office of National Coordinator of Health Information Technology (ONC). The HHS press release with further information is available here.

CMS-ONC Listening Session on Coding and Billing

May 3, 2013December 2, 2013 Kathie McDonald-McClure EHR Certification Standards, Electronic Health Records, Fraud and Abuse, Health Information Technology, HITECH Law EHR and fraudulent documentation, EHRs and cloning, EHRs and cut and paste, EHRs and macros, Electronic Health Records, emr compliance, Health Information Technology, HITECH Act, impact of EHR documentation on billing and coding, linkedin

On Friday, May 3, 2013, the Centers for Medicare and Medicaid Services (CMS) and the Office of National Coordinator of Health Information Technology (ONC) jointly hosted a listen and learn webcast about the impact of EHRs on coding and billing. Look for HITECHMcClure on Twitter for comments from the panelists. Materials used during the session can be accessed here. CMS plans to post an audio recording of the session on its Educational Resources webpage at a later date.

ONC revokes two EHR product certifications — review your vendor contract warranties!

April 28, 2013March 12, 2014 Kathie McDonald-McClure EHR Certification Standards, Electronic Health Records, Eligible Professional Incentives, Health Information Technology, HITECH Law, Hospital EHR Incentives, Meaningful Use EHR Certification Standards, Electronic Health Records, eligible professional incentives for electronic medical records, Health Information Technology, HITECH Act, hospital incentives for EHRs, linkedin, meaningful use of certified EHR, State Medicaid EHR Incentives

On April 25, 2013, the Officer of National Coordinator for Health Information Technology (ONC) announced that it had revoked certification for two electronic health record (EHR) products that the ONC had previously certified for use as part of the incentive program implemented pursuant to the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act). The products for which ONC revoked certification are EHRMagic-Ambulatory and EHRMagic-Inpatient. The ONC’s press release with additional information is available here.

Whether the providers who purchased these products in reliance on the previous ONC certification will be able to recoup their investment in these products may depend on the terms of any vendor agreement signed between the parties. For providers who are purchasing ONC-certified products, this development highlights the importance of examining the provider’s EHR vendor agreement to ensure that it contains adequate warranty and indemnification provisions that will protect the provider in case the vendor’s product is de-certified by the ONC. Importantly, without “certified EHR technology”, the provider will not qualify for the HITECH Act’s meaningful use incentive payments.

Kentucky Health Information Exchange Underwriting CeRT Early Adopter Licenses for One Year

April 18, 2013March 12, 2014 Kathie McDonald-McClure Electronic Health Records, Health Information Technology, HITECH Law, Meaningful Use CeRT Grants for Consumer eHealth Readiness Tool, EHR incentive payments, Electronic Health Records, HITECH Act, linkedin, Meaningful Use

Kentucky Health Information Exchange (KHIE) sends out alert on Thursday, April 18, 2013, indicating that it will accept applications from 13 providers who are seeking financial assistance to qualify for the HITECH Act’s Meaningful Use incentive payments.

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Year: 2013