meaningful use of certified EHR

DEA’s Interim Final Rule Allows Electronic Prescriptions for Controlled Substances

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

Update 9/24/2020:  In the 10 years since we wrote this article, the DEA received questions and requests for clarification on various issues concerning the implementation and technical requirements for e-prescribing controlled substances.  To provide further clarification, this year, the DEA reopened the EPCS Interim Final Rule for additional comments.  The DEA also noted that it anticipated issuing a final rule on the topic of EPCS. The additional comments period closed on June 22, 2020.

On March 31, 2010, the Drug Enforcement Agency (DEA) published its Interim Final Rule (IFR) addressing electronic prescriptions (e-prescribing) for controlled substances, 75 Federal Register 16236 (effective June 1, 2010). Prior to this, the DEA had been concerned that the lack of security controls for e-prescribing of controlled substances would lead to higher levels of illegal use. That concern, along with the rigid requirements of the Controlled Substances Act of 1970 (CSA), had been a barrier for DEA in moving forward with its e-prescribing rule, which was originally proposed in June 2008. The DEA’s IFR cites the passage of the Health Information Technology for Economic and Clinical Health (HITECH) Act, which was part of the American Recovery and Reinvestment Act of 2009 (ARRA), and HITECH’s encouragement of e-prescribing, as one impetus for propelling this issue forward. DEA also indicated that the lack of a mature standard that allows for electronic interoperability (i.e. formatting of prescription data) among e-prescribing applications (e.g., from physician to pharmacy) was another reason to forge ahead and fill the gap.

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ONC Issues Proposed Rule for Two EHR Certification Programs

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

On March 2, 2010, the Office of National Coordinator (ONC) issued its proposed rulemaking respecting the certification standards that an eligible health care provider’s electronic health record must satisfy in order to qualify for incentives under the Health Information Technology for Clinical and Economic Health Act (HITECH Act), which was part of the American Recovery and Reinvestment Act of 2009 (ARRA). The ONC proposes establishing two certification programs:

1) A temporary certification program whereby the ONC would authorize organizations to test and certify Complete EHRs and/or EHR Modules, thereby assuring the availability of Certified EHR Technology prior to the date on which health care providers seeking the incentive payments may begin demonstrating meaningful use of Certified EHR Technology; and

2) A permanent certification program that would replace the temporary certification program. The permanent certification program would separate the responsibilities for performing testing and certification, introduce accreditation requirements, establish requirements for certification bodies authorized by the ONC related to the surveillance of Certified EHR Technology, and would include the potential for certification bodies authorized by the ONC to certify other types of health information technology besides Complete EHRs and EHR Modules.

The comment period for the proposed rule will be established once it is published in the Federal Register. In the meantime, you can read the proposed rule on the ONC’s webpage.

Event in Louisville, KY to focus on “Meaningful Use” under HITECH

Kathie McDonald-McClure Electronic Health Records, Eligible Professional Incentives, Health care reform, Health Information Technology, HITECH Law, Hospital EHR Stimulus, Meaningful Use, Physician EMR Stimulus, Privacy & Security , , , , , , ,

On January 19, 2010, the Greater Louisville Health Enterprises Network together with Healthcare Information and Management Systems Society, Bluegrass Chapter, will present a panel presentation with discussions surrounding the next steps under the Health Information Technology for Clinical and Economic Health Act (HITECH), part of the American Recovery and Reinvestment Act (ARRA) of 2009.

Expert panelists include:

  • Rick Chapman, CIO, Kindred Healthcare & Member, HITSP Panel
  • Kathie McDonald-McClure, Esq., Wyatt Tarrant & Combs, LLP
  • Joe DeVenuto, CIO, Norton Healthcare

Moderated by Greg Aaron, Past Chapter President Bluegrass HIMSS and Board Member, Health Enterprises Network

Time & Location:

  • 5:30 – 6:00 p.m.  Wine Reception.
  • 6:00 – 7:30 p.m. Dinner & Panel Discussion
  • Sheraton Louisville, Riverside, 700 West Riverside Dr., Jeffersonville, IN 47130

Registration Information: $35 members; Tables available $245

To learn more about the Health Enterprises Network, click here.

HHS launches new Health IT blog

Kathie McDonald-McClure Electronic Health Records, Health Information Technology, HITECH Law, Hospital EHR Stimulus, Meaningful Use, Physician EMR Stimulus, Privacy & Security, State HIT Grants & Loans , , , ,

On Monday, November 23, 2009, Dr. David Blumenthal, the National Coordinator for Health Information Technology under the Department of Health & Human Services, announced the launch of the Health IT Buzz blog.  The blog is envisioned as a way to reach out to the healthcare IT community and public at large in order to create an open dialogue about the wishes and concerns of the many constituencies that the Office of National Coordinator serves.  The blog will address the wide range of topics impacting the “secure and seamless exchange of electronic health information” across the United States and will include discussions about the “meaningful use” rulemaking and incentives for adopting electronic health records.   We’ve added the Health IT Buzz to our blogroll.

HHS HIT Standards Committee gives update on quality measures for “meaningful use”

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

On Tuesday, September, 15, 2009, the HHS HIT Standards Committee gave an update on the quality measures that providers seeking to establish “meaningful use” of “certified EHR” must meet in order to qualify for stimulus funds available under ARRA’s Health Information Technology for Economic and Clinical Health (HITECH) Act.  The meeting ran from 9:00 am until 2:30 pm. The discussion included an update on the quality measures used to determine “meaningful use” and an update from the HIT Standards Committee’s Privacy & Security Workgroup.  Materials and slides used during the meeting are available for download from the HIT  Standards Committee webpage (scroll down the page to the September 15, 2009 Meeting).  This meeting, as all the others, was open to the public via a web conference and public comments were solicited. For instructions on how to listen and participate in upcoming web conferences, go here.   See the HIT Standards Committee Meetings webpage for more information about the Committee, a list of its members, and for documents and transcripts from the previous meetings.