Author: Kathie McDonald-McClure

The Ball is Now in Play to Extend the EHR Safe Harbor!

Kathie McDonald-McClure Electronic Health Records, Fraud and Abuse, Health Information Technology, HITECH Law , , , , , , ,

By Ann F. Triebsch and Kathie McDonald-McClure

clip_image002Barely two weeks after Rep. Jim McDermott (D-Wash) sent a letter to the HHS Office of the Inspector General (OIG) requesting that the Anti-Kickback Statute’s “safe harbor” allowing hospitals to donate electronic health record (EHR) items and services to physicians be extended, the OIG has proposed a rule to do exactly that.  On April 10, 2013, the OIG proposed a rule to extend the Anti-Kickback Statute safe harbor from December 31, 2013, to December 31, 2016.  On the same date, the Centers for Medicare & Medicaid Services (CMS) proposed a complementary rule to extend the Stark Law’s similar EHR exception to December 31, 2016.

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House Calls for Suspension of EHR Incentive Payments under HITECH Act

Kathie McDonald-McClure EHR Certification Standards, Eligible Professional Incentives, Federal Law Resources, Health care reform, Health Information Technology, HITECH Law, Hospital EHR Stimulus, Meaningful Use , , , , , , , , , , ,

Hands on keyboard in circleOn Thursday, October 4, 2012, in a letter to Secretary Sebelius of the United States Department of Health & Human Services (HHS), the United States House GOP called on HHS to suspend incentive payments for the adoption and implementation of electronic health records (EHRs) otherwise authorized under the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act).  The GOP also asked HHS to delay the imposition of penalties on providers who choose not to use EHRs in their practice (such penalties that pursuant to the HITECH Act provisions are to take the form of reductions in Medicare reimbursements in 2015).  Continue reading →

OMB Delays Final HIPAA Rule Indefinitely While GAO Urges HHS to Issue Additional HIPAA Security and Privacy Guidance

Kathie McDonald-McClure Federal Law Resources, Health Information Technology, HITECH Law, Privacy & Security , , , , ,

On June 22, 2012, the Office of Management and Budget (OMB) announced that it was delaying release of the HIPAA Omnibus Final Rule (HIPAA Rule) under the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act) from a projected early July date, to a future unspecified date.  

The much-anticipated HIPAA Rule contains implementing regulations for five aspects of the Act: 1) enforcement (new penalty levels); 2) breach notification; 3) use of genetic information by health plans; 4) application of the HIPAA Security Rule requirements directly to business associates and subcontractors; and 5) use of patient health information (PHI) for marketing.  HHS has said the final Rule will contain “significant modifications” to the current HIPAA Privacy Rule.   

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CMS Releases Proposed Rule for Stage 2 Meaningful Use of Electronic Health Records

Kathie McDonald-McClure EHR Certification Standards, Electronic Health Records, Eligible Professional Incentives, Health Information Technology, HITECH Law, Hospital EHR Stimulus, Meaningful Use, Physician EMR Stimulus , , , , , , ,

On Thursday, February 23, 2012, the Centers for Medicare and Medicaid Services (CMS), pursuant to the Health Information Technology for Economic and Clinical Health (HITECH) Act, released a 455-page Proposed Rule specifying the Stage 2 criteria that eligible professionals (EPs), eligible hospitals and critical access hospitals (CAHs) must meet in order to qualify for Medicare and/or Medicaid incentives related to electronic health records (EHRs).  The Proposed Rule also proposes to modify certain Stage 1 criteria, as well as criteria that apply regardless of Stage, as previously published in the Final Rule on July 28, 2010 in the Federal Register.  The proposed provisions related to Medicaid (calculations of patient volume and hospital eligibility) would take effect shortly after the finalization of the Proposed Rule and would not be subject to the proposed one-year delay for Stage 2 meaningful use of a certified EHR.  The Proposed Rule states that the changes to Stage 1 would take effect for 2013, but that most changes would be optional until 2014.  Last but not least, the Proposed Rule addresses the Medicare payment adjustments that will take place for EPs, eligible hospitals and CAHs who fail to demonstrate a meaningful use of certified EHRs by 2015 and proposed exceptions to such adjustments.

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ONC Announces Text4Health Task Force

Kathie McDonald-McClure Health Information Technology, HITECH Law, Meaningful Use , , , , , ,

In an article titled, “Use of electronic communications with patients,” posted to this blog on December 18, 2009, I discussed the stated goal under the Health Information Technology for Economic and Clinical Health (HITECH) Act  to “[p]rovide patients and families with timely access to data, knowledge, and tools to make informed decisions and to manage their health.” The article explored whether and to what extent patient messaging, including text messaging, might be used to achieve this HITECH Act goal.  The U.S. Department of Health and Human Services (HHS) also is exploring ways to integrate text messaging into individual health management.  On September 19, 2011, HHS announced the formation of the Text4Health Task Force, with specific recommendations that support health text messaging and mobile health (mHealth) programs.  The HHS press release states: “The department has been actively exploring means to capitalize on the rapid proliferation of mobile phone technology and platforms, such as text messaging, to develop programs and/or partnerships with the overall aim of improving public health outcomes.”  The HHS press release cites certain smoking cessation programs that utilize text messaging as representative of the direction in which this technology can be further exploited to improve population health.  Among its recommendations, the Text4Health Task Force includes a recommendation related to electronic health records (EHRs) and, more specifically, recommends that “HHS align health text messaging/mHealth activities with other HHS Health IT priorities.”  To read the HHS Text4Health Task Force recommendations, click here.