No Further Extensions for ICD-10 and MU Stage 2

strike before midnightUpdate:  On April 1, 2014, President Obama signed into law the “Doc Fix” bill, Public Law 113-93, which extends the deadline for ICD-10 for an additional year.  Section 212 of this law prohibits the Secretary of Health and Human Services from adopting ICD-10 code sets prior to October 1, 2015.

Everyone is a-twitter (pun intended) about the announcement on Thursday, February 27, 2014, from Marilyn Tavenner, the Administrator for the Centers for Medicare & Medicaid Services (CMS), that the deadline for adoption of ICD-10 will not be extended. Tavenner was the keynote speaker at the HIMSS14 conference, and numerous tweets from HIMSS attendees highlighted her assertion that CMS will stand firm on the October 1, 2014 deadline. All entities covered by the Health Insurance Portability and Accountability Act (HIPAA) must be prepared to use ICD-10 codes on transactions by this date.

Tavenner also affirmed that the deadlines for Stage 2 Meaningful Use (MU) will not be extended. Providers who are not meaningful users of Certified Electronic Health Record (EHR) Technology under the Medicare EHR Incentive Programs will face a penalty, in the form of Medicare payment adjustments. These payment adjustments will be applied beginning on January 1, 2015. Continue reading

House Calls for Suspension of EHR Incentive Payments under HITECH Act

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

Final Rules for Stage 2 EHR Incentive Programs Released

First, the Centers for Medicare & Medicaid Services (CMS) released the long-awaited final rule to govern Stage 2 of the Medicare and Medicaid Electronic Health Record (EHR) Incentive Programs. The rule specifies the Stage 2 criteria that eligible professionals (EPs), eligible hospitals, and critical access hospitals (CAHs) must meet in order to continue to participate in the EHR Incentive Programs.

  • Click here for the full text of CMS’s final rule.
  • Click here to see the fact sheet on CMS’s final rule.

Second,  the Office of the National Coordinator for Health Information Technology (ONC) also announced a related final rule, which specifies the technical capabilities and related standards and implementation specifications that Certified EHR Technology will need to include to support the achievement of meaningful use by EPs, eligible hospitals, and CAHs under the EHR Incentive Programs.

  • Click here for the full text of the ONC rule.
  • Click here  to read a fact sheet on ONC’s standards and certification criteria final rule.

Stay tuned.  We will be posting more about these final rules in the days to come.

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

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.

Continue reading