CMS and OIG have published an advanced copy of proposed rules that, if enacted, would extend the existing Stark Law Exception and Anti-Kickback Statute Safe Harbor and make them applicable to the donation of electronic health records through 2016.
CMS and OIG are accepting comments on the following proposed changes to the existing EHR Exception and Safe Harbor. Here are summaries of the proposed changes:
• CMS and OIG propose to extend the "sun setting" provisions of the existing Exception and Safe Harbor — the last year in which Medicare Meaningful Use incentive payments are available — to 2016.
• CMS and OIG are considering limiting the list of permissible donors of EHR items and services.
• CMS and OIG are considering new and modified conditions that would prevent EHR donations from becoming a method for locking-in referrals, but that would encourage the free exchange of data.
• The proposed rules would require the donated EHR technology to be interoperable as of the date it is donated.
• An EHR would not be required to have electronic prescribing capability in order to be subsidized.
Comments will be accepted for 60 days from the publication of the proposed rule in the federal register. Publication of the proposed rule is expected tomorrow.
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CMS and OIG are accepting comments on the following proposed changes to the existing EHR Exception and Safe Harbor. Here are summaries of the proposed changes:
• CMS and OIG propose to extend the "sun setting" provisions of the existing Exception and Safe Harbor — the last year in which Medicare Meaningful Use incentive payments are available — to 2016.
• CMS and OIG are considering limiting the list of permissible donors of EHR items and services.
• CMS and OIG are considering new and modified conditions that would prevent EHR donations from becoming a method for locking-in referrals, but that would encourage the free exchange of data.
• The proposed rules would require the donated EHR technology to be interoperable as of the date it is donated.
• An EHR would not be required to have electronic prescribing capability in order to be subsidized.
Comments will be accepted for 60 days from the publication of the proposed rule in the federal register. Publication of the proposed rule is expected tomorrow.
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