April 1 Deadline for Hospitals to Earn EHR Incentives

March 16, 2015 Margaret Young Levi Electronic Health Records, Health Information Technology, Hospital EHR Incentives CMS, EHR incentive payments, eligible hospitals, incentive payment, Medicare EHR Incentive Programs, Medicare Electronic Health Record

The Centers for Medicare & Medicaid Services (CMS) reminds hospitals that 2015 is the last year for eligible hospitals to begin participating in the Medicare Electronic Health Record (EHR) Incentive Program and earn incentive payments.

In order to earn a 2015 incentive payment, be eligible for a 2016 incentive payment, and avoid a 2016 payment reduction (called an “adjustment”), first-time hospital participants should:

Begin their 90-day reporting period no later than April 1, 2015 and
Attest by July 1, 2015.

Eligible hospitals that do not start their 90-day reporting period on April 1, 2015 have one last chance to earn a 2015 incentive payment if they begin their reporting period by July 1, 2015 and attest by Continue reading →

Providers Talk, CMS Listens: CMS Announces Plan to Modify Meaningful Use Requirements

January 30, 2015January 30, 2015 Margaret Young Levi Electronic Health Records, Health Information Technology, HITECH Law, Hospital EHR Incentives, Meaningful Use Centers for Medicare & Medicaid Services, CMS, EHR Incentive Program, Electronic Health Records, Incentive Programs, Medicaid EHR Incentive Programs, Medicaid Electronic Health Record, Medicare EHR Incentive Programs, providers

On January 29, 2015, Centers for Medicare & Medicaid Services (CMS) announced its intent to make changes to the Medicare and Medicaid Electronic Health Record (EHR) Incentive Programs beginning in 2015, which aim to “help to reduce the reporting burden on providers.”

Providers have expressed concerns about the EHR Incentive Programs’ requirements and their burden on providers. In response to those concerns, CMS is considering whether to:

Shorten the EHR reporting period in 2015 to 90 days to accommodate these changes.
Realign hospital EHR reporting periods to the calendar year to allow eligible hospitals more time to incorporate 2014 Edition software into their workflows and to better align with other CMS quality programs.
Modify other aspects of the program to match long-term goals, reduce complexity, and lessen providers’ reporting burdens.

CMS is expected to engage in rulemaking this spring to implement these changes to the EHR Incentive Programs. These changes will not be included in the proposed regulations regarding Stage 3 meaningful use requirements and criteria that CMS plans to issue by early March 2015 and which will apply in 2017 and subsequent years.

Can’t Complete the Stage 2 MU Summary of Care Measure 3 Test with a CMS Designated Test EHR? CMS Issues New FAQ on Alternative

January 27, 2015 Kathie McDonald-McClure Electronic Health Records, Eligible Professional Incentives, Health Information Technology, HITECH Law, Hospital EHR Incentives, Meaningful Use Electronic Health Records, HITECH Act, Meaningful Use, MU Stage 2 Summary of Care Measure #3

On January 22, 2015, the Centers for Medicare and Medicaid Services (CMS) updated previously posted FAQ No. 11666 to help guide providers who are striving to meet Stage 2 Meaningful Use criteria under the Medicare and Medicaid EHR Incentive Programs implemented by the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009. The updated FAQ addresses the problem providers are having in meeting Measure 3 under the Stage 2 Summary of Care objective. The question posed is:

“When reporting on the Summary of Care objective in the EHR Incentive Programs, how can eligible professionals, eligible hospitals, and critical access hospitals (CAHs) meet measure 3 if they are unable to complete a test with the CMS Designated Test EHR (NIST EHR-Randomizer Application)?”

The CMS answer is as follows: Continue reading →

THE HIPAA SECURITY RISK ANALYSIS

December 12, 2014December 12, 2014 Margaret Young Levi Electronic Health Records, Eligible Professional Incentives, Federal Law Resources, Health Information Technology, HITECH Law, Hospital EHR Incentives, Meaningful Use, Physician EMR Stimulus HIPAA risk assessment, Privacy & Security, security risk analysis

Under the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act), eligible hospitals and critical access hospitals and eligible professionals must make a “meaningful use” of “certified electronic health technology” or face reductions in Medicare reimbursement. Conducting or reviewing a security risk analysis is a core objective in the meaningful use requirements of the Medicare and Medicaid electronic health record (“EHR”) incentive programs. These security risk analyses have been Continue reading →

Federal Government Report Summarizes Health Care Privacy Compliance Efforts

July 29, 2014July 31, 2014 Margaret Young Levi Electronic Health Records, Federal Law Resources, Health Information Technology, HITECH Law breach, compliance report, data breach, OCR, Office for Civil Rights, Privacy & Security, report to Congress, U.S. Department of Health and Human Services

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has issued two reports to Congress required by Section 13402(i) of the Health Information Technology for Economic and Clinical Health (HITECH) Act:

–“Annual Report to Congress on Breaches of Unsecured Protected Health Information For Calendar Years 2011 and 2012” (the Breach Report); and

–“Annual Report to Congress on HIPAA Privacy, Security, and Breach Notification Rule Compliance For Calendar Years 2011 and 2012” (the Compliance Report).

Both of OCR’s reports (as well as previous annual reports) may be accessed here. This post discusses the Compliance Report. We summarized the Breach Report in a separate post entitled “Federal Government Report on Data Breaches in Health Care.”

OCR is the office responsible for administering and enforcing the HIPAA Privacy, Security, and Breach Notification Rules. The Compliance Report summarizes OCR’s compliance and enforcement activity with respect to the HIPAA Privacy, Security, and Breach Notification Rules.

Continue reading →