HITECH Act

Health Information Technology and Economic Clinical Health Act of 2009 was passed as part of the American Recovery and Revitalization Act of 2009 (ARRA) that President Obama signed on February 17, 2009.

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

Kathie McDonald-McClure Electronic Health Records, Eligible Professional Incentives, Health Information Technology, HITECH Law, Hospital EHR Incentives, Meaningful Use , , ,

HCP with stethoscope using phone while on laptopOn 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 →

September 22, 2014 Deadline for Business Associate Agreements

Margaret Young Levi Health Information Technology, HITECH Law, Privacy & Security, Uncategorized , , , , , , , ,
September 22nd Deadline Fast Approaching
September 22nd Deadline Fast Approaching

The final HIPAA Omnibus Rule (Omnibus Rule), published in the Federal Register on January 25, 2013, substantially increased the privacy and security responsibilities of a “business associate” of a “covered entity”, as those terms are defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA)(see discussion later in this post regarding the expansion of the “business associate” definition).  Among other changes, the Omnibus Rule requires a covered entity and business associate to revise their business associate agreement (BAA) to reflect the business associate’s new obligations.  All BAAs signed after January 24, 2013 should already include new language necessary to comply with the Omnibus Rule.  BAAs that were signed on or before January 24, 2013 were deemed compliant until September 22, 2014; however, if renewed or modified before that date then they must be brought into actual compliance at that time.  Covered entities and business associates must ensure that all BAAs are compliant with the Omnibus Rule before the September 22, 2014 deadline. Continue reading →

AHIMA Issues Guidance on Appropriate Use of Copy and Paste in EHRs

Kathie McDonald-McClure EHR Certification Standards, Electronic Health Records, Fraud and Abuse, Health Information Technology, HITECH Law, Meaningful Use , , , , , ,

16354859As we have written about in previous posts, the Office of Inspector General (OIG) for the United States Department of Health and Human Services (HHS) has been critical of the copy/paste function that is available in electronic health record (EHR) technology developed by software vendors.  (See “Electronic Health Records in OIG’s Sights for 2013“, October 20, 2012; “OIG recommends fraud safeguards in hospital EHR technology“, December 11, 2013; “OIG Report on CMS’ EHR Audit Practices Concludes The Practices Are Not Very Sophisticated“, February 11, 2014)  As our February 11, 2014 post concludes, while turning off the copy/paste functionalities are not the immediate solution to preventing a misuse of the function, health care providers should implement standards for its use.  The American Health Information Management Association (AHIMA) recently issued guidance, “Appropriate Use of the Copy and Paste Functionality in Electronic Health Records,” dated March 17, 2014, discussing the availability and appropriate use of the copy and paste function.

AHIMA supports maintaining the copy/paste functionality in ONC’s EHR certification standards and allowing for its use in CMS Conditions of Participation.  AHIMA encourages CMS to augment provider education and training materials on the appropriate use of copy/paste in order to reduce the risk that it may pose to quality of care, patient safety and fraudulent documentation.  Importantly, AHIMA recommends that health care providers implement policies and procedures to guide users of EHRs on the proper use of copy/paste functionalities.  To read the AHIMA guidance, click here.

CMS Provides Detailed Instructions on Deadline Extension for 2013 MU Attestation

Kathie McDonald-McClure Electronic Health Records, Eligible Professional Incentives, Health Information Technology, HITECH Law, Hospital EHR Incentives , , , , ,

strike before midnightOn Friday, February 7, 2014, the Centers for Medicare and Medicaid Services (CMS) announced an extension until 11:59 pm on March 31, 2014 for Eligible Professionals to submit their 2013 EHR Meaningful Use (MU) attestation.  In addition, Eligible Hospitals that had trouble submitting their 2013 MU attestation may be able to retroactively submit their attestation to avoid the 2015 payment adjustment but must contact CMS by March 15, 2014 at 11:59 pm to do so.  Note that only the attestation deadline is being moved. The requirement to meet MU by September 30, 2013 for Eligible Hospitals and by December 31, 2013 for Eligible Professionals in order to avoid the 2015 payment adjustment is not affected.

What’s new from our previous post about this?  Today, CMS published specific instructions on how to take advantage of the extensions of the 2013 MU attestation deadlines in its MLN Connects, Weekly Provider eNews dated Thursday, February 13, 2014.  Scroll to the section titled “New EHR Attestation Deadline for Eligible Professionals: March 31” which provides instructions for both Eligible Professionals and Eligible Hospitals.  CMS also updated the Eligible Professional 2013 attestation deadline on its EHR Incentive Programs home page.

Health Care Providers Need Not Meet Meaningful Use This Year to Remain Eligible for EHR Incentive Payments Next Year!

Kathie McDonald-McClure Electronic Health Records, Eligible Professional Incentives, Health care reform, HITECH Law, Hospital EHR Incentives, Meaningful Use , , ,

HITECH EHR Incentive Program PaymentsThe Electronic Health Records (EHR) Incentive Program was implemented by the Centers for Medicare and Medicaid Services (CMS) pursuant to the Health Information Technology for Clinical and Economic Health Act of 2009 (HITECH).  This Program provides incentive payments to Eligible Hospitals, Critical Access Hospitals and Eligible Providers (collectively, “eligible providers”) who make a Meaningful Use (MU) of certified EHRs.  Frequently Asked Question (FAQ) No. 9920 issued in November 2013 by CMS about the EHR Incentive Program deals with whether providers must participate in the Program every year in order to stay eligible for the incentives.  FAQ 9920 clarifies that eligible providers do not have to meet MU in the prior year to be eligible for EHR incentives the following year. Continue reading →