Hospitals, health systems and other large users of Microsoft, Adobe and similar software are experiencing increased license auditing. Because of the dynamic nature of the IT environment, most users operate in varying degrees of compliance with their license agreements. In the event of an audit, the cost of compliance, known or unknown, can be significant and turn traditional partnerships into adversarial relationships. Users may mistakenly produce records with good intentions that ultimately complicate the ability to efficiently resolve license compliance issues. When faced with an audit, it is important to understand the role of each party (licensor, auditor, licensee and reseller) and their respective financial interest in resolving any compliance issue. Continue Reading →
Following recent news about the Heartbleed exploit, CloudFlare, a San Francisco-based security services company, challenged hackers to use Heartbleed to get private encryption keys that would unlock secure data. It reported multiple winners to its challenge. By obtaining the private key for an SSL/TLS certificate, an attacker could set up a fake website that passes the security verification. They could also decrypt traffic passing between a client and a server, known as a man-in-the-middle attack, or possibly unscramble encrypted communications they’ve collected in the past. Continue Reading →
Marilyn Tavenner, the administrator of CMS, indicated that providers, payers and claims clearinghouses can look for no relief from the looming October 1 compliance deadline for the nationwide conversion to the ICD-10 family of diagnostic and procedural codes. She made this statement in her February 27, 2014 address to the HIMSS convention in Orlando as reported by Modern Healthcare. Continue Reading →
CMS announced last week that it is extending the deadline for eligible professionals to attest to meaningful use for the Medicare Electronic Health Record (“EHR”) Incentive Program 2013 reporting year from 11:59 PM ET on February 28, 2014 to 11:59 PM ET March 31, 2014. This extension will allow more time for eligible professionals to submit their meaningful use data and receive an incentive payment for the 2013 program year as well as avoid the 2015 payment adjustment. Continue Reading →
On December 27, 2013, the Centers for Medicare & Medicaid Services (“CMS”) and Office of Inspector General (“OIG”) published final rules that amend regulations commonly known as the “EHR Donation Regulations.” The EHR Donation Regulations consist of an exception to the physician self-referral law (Stark) (42 CFR 411.357(w)) and a safe harbor to the Anti-Kickback Statute (42 CFR 1001.952(y)). The EHR Donation Regulations allow certain entities to provide non-monetary remuneration to physicians and other health care providers in the form of software and information technology services. The final rules amend the EHR Donation Regulations by (1) extending the sunset date of the EHR Donation Regulations from December 31, 2013 to December 31, 2021; (2) excluding laboratory companies from the types permissible donors of electronic health record (“EHR”) items and services; (3) updating the provision under which EHR software is deemed interoperable; (4) clarifying the requirement prohibiting any action that limits or restricts the use, compatibility or interoperability of donated items or services; and (5) removing from the EHR Donation Regulations the requirement that the donated items and services have electronic prescribing capability. Hospitals and other health care providers who currently maintain EHR donation programs should consider how the final rules affect those programs. Continue Reading →
CMS has indicated that it intends to extend Stage 2 of meaningful use attestation under the Medicare/Medicaid Electronic Health Record (“EHR”) Incentive Program. In a recent blog post, CMS states that the new or modified Stage 3 requirements for becoming a meaningful user of a certified EHR technology will not be effective until 2017 for those eligible professionals and eligible hospitals that first attested to Stage 1 in 2011 or 2012. The pronouncement by CMS does not delay Stage 2 but rather simply provides guidance that the earliest date that Stage 3 will be effective is 2017. For any eligible professional or eligible hospitals first attesting to Stage 1 on or after 2013, the timetable previously announced by CMS remains in place, which will require two years of attestation to each of Stage 1, Stage 2 and Stage 3. Eligible providers and eligible hospitals should remember that the blog post only signals CMS’s intent and does not change any current meaningful use regulations.
If you have questions regarding certified EHR or meaningful use, please contact Jeff Short at 317-977-1413 or firstname.lastname@example.org, Ammon Fillmore at 317-977-1492 or email@example.com or your regular Hall Render attorney.
This month, the Department of Health and Human Services (“HHS”) announced it is redefining the 2014 certification criteria for Certified Electronic Health Record Technology (“CEHRT”) for the Meaningful Use Incentive Program. The previous 2011 CEHRT criteria required that eligible providers have complete CEHRT capable of meeting all certification criteria for an inpatient or ambulatory setting. However, some stakeholders felt that the 2011 CEHRT criteria did not account for eligible providers’ scope of practice and required purchasing CEHRT capabilities that were not necessary to successfully attest as a Meaningful User. Continue Reading →
If you are facing a meaningful use audit, you are not alone. Medicare private contractors are out in force as they carefully review supporting documentation for a meaningful use attestation. Providers who are utilizing a certified electronic health record (“EHR”) technology may find surprising challenges as they attempt to extract necessary information from the EHR in response to auditor requests.
If you are facing a meaningful use audit or have questions regarding the deployment of a certified EHR technology in support of meaningful use, please contact Ammon Fillmore at 317-977-1492 or firstname.lastname@example.org or your regular Hall Render attorney.
Effective October 1, 2013, Texas Health and Human Services Commission (“HHSC”) will begin reimbursing eligible distant site professionals providing home telemonitoring services as a benefit of the Texas Medicaid Program, making it one of the first states to provide direct reimbursement for home telemonitoring services. Such services will be reimbursed in the same manner as reimbursement for Home Health Services (see Rule 355.7001 and Rule 355.8021). Continue Reading →
FCC Form 460 (Eligibility and Registration Form) is now available for use by health care providers (“HCPs”) to certify their eligibility to participate in the Healthcare Connect Fund (“HCF”) program.