Articles and Blogs

The Sixth Circuit Court of Appeals, in US ex rel. Sheldon v. Kettering Health Network, affirmed the dismissal of a False Claims Act (“FCA”) suit alleging fraud based upon certifications of compliance with the HITECH Act and a data breach. The HITECH Act, or Health Information Technology for Economic and Clinical Health Act, encourages the... READ MORE

Recently, the Centers for Medicare & Medicaid Services (“CMS”) published additional guidance for Medicare eligible hospitals seeking to avoid the 2016 Medicare EHR Incentive Program payment adjustment. Medicare eligible hospitals can avoid the 2016 payment adjustment by taking action by April 1 and applying for a 2016 hardship exception. The hardship exception application and instructions for Medicare... READ MORE

In December of 2014, Massachusetts finalized a state law that requires physicians to demonstrate proficiency in using EHRs and/or being a “meaningful user” under the Department of Health and Human Services’ Meaningful Use Electronic Health Record Incentive Program (“Meaningful Use Program”) as a condition of licensure. Massachusetts’ changes to the license requirements are another indication of... READ MORE

On October 31, 2014, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) released the Work Plan for Fiscal Year 2015 (“Work Plan”). The Work Plan confirms OIG will continue to concentrate a great deal of their enforcement efforts on the security and vulnerabilities of protected health information (“PHI”) contained... READ MORE

This week, the Centers for Medicare & Medicaid Services (“CMS”) announced its intent to reopen the submission period for hardship exception applications for eligible professionals and hospitals participating in the Medicare Meaningful Use Program in order to avoid the 2015 Medicare payment adjustments for not demonstrating meaningful use of Certified Electronic Health Record Technology (“CEHRT”).... READ MORE

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... READ MORE

The Centers for Medicare and Medicaid Services (“CMS”) published important payment adjustment information this week for health care providers participating in the Medicare Electronic Health Records Incentive Program (“Incentive Program”). Eligible Professionals (“EPs”) participating in the Incentive Program may be subject to payment adjustments beginning January 1, 2015. CMS will determine the payment adjustment based on meaningful use data submitted prior... READ MORE

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... READ MORE

Under the Meaningful Use Stage 2 Measures both Eligible Professionals and Eligible Hospitals must use Computerized Provider Order Entry (“CPOE”) for medication, laboratory and radiology orders directly entered by any licensed health care professional who can enter orders into the medical record per state, local and professional guidelines.  Previously, the Centers for Medicare & Medicaid... READ MORE

Yesterday (10/4/2012), in a letter from House Republican leaders to HHS, House Republican leaders expressed serious concern regarding the Stage 2 Meaningful Use program and requested HHS to take the following action: Immediately suspend the distribution of incentive payments until universal interoperable standards are promulgated by HHS; Increase what is expected of Meangingful Users... READ MORE