HIPAA/HITECH UPDATE
Part 1 of 2
MEANINGFUL USE: WHAT DOES IT MEAN?
The meaningful use final rule includes an "ambitious, but achievable" plan for "well-intended providers. If you try, you can get there and get the incentives."
Dr. David Blumenthal, National Coordinator for Health Information Technology
INTRODUCTION
On July 14, 2010, two sets of much anticipated regulations were published in the Federal Register: (1) the final rule establishing requirements for Stage 1 meaningful use incentive payments; and (2) the final rule identifying the technical capabilities required for certified electronic health record technology.
The regulations have not yet been published in the Federal Register. Nevertheless, links to complete copies of the final regulations can be found at the website of the DHHS Office of the National Coordinator: http://www.healthit.hhs.gov.
The purpose of this Client Advisory is to review the Stage 1 requirements of the Meaningful Use Regulations. We will follow this Advisory with a second advisory regarding the Certification Requirements.
The final meaningful use regulation is 864 pages. Buried in the final rule, starting at page 221, is a table summarizing the final meaningful use objectives and measures for Stage 1, which is a helpful tool for quickly referencing the objectives and measures. For the convenience of our clients, we are reproducing the table containing the Stage 1 objectives and measures in the attached .pdf document. The Stage 1 objectives and measures must be met for the measurement period of 2011-2103, in order for eligible professionals and hospitals to qualify to receive incentive payments related to this period. Stage 2 and Stage 3 criteria will be released on later dates. Eligible physicians and other professionals are referenced in the table as "EPs".
Some key changes from the proposed rule include the following:
The Final Rule divides the Stage 1 objectives into a "core" group of required objectives (15 for eligible professionals and 14 for hospitals) and a "menu" or "a la carte" set of 10 criteria, five of which providers may choose to defer in 2011-12. This is intended to provide greater flexibility to providers in meeting the meaningful use objectives.
In line with recommendations of the Health Information Technology Policy Committee, the final rule includes the objective of providing patient-specific educational resources for both EPs and eligible hospitals and the objective of recording advance directives for eligible hospitals.
The final rule defines hospital-based professionals who do not qualify for incentive payments only as professionals who perform substantially all of their services in an inpatient hospital setting or emergency room. This change clearly permits hospital-based providers in ambulatory settings to qualify for incentive payments.
Under Medicaid, the final rule includes critical access hospitals (CAHs) in the definition of acute care hospital for the purpose of incentive program eligibility.
If we can assist you with the implementation of any of the action items listed above, or if you have specific questions regarding the information in this Advisory, please contact Karen Rieger, 405-235-7788, Cori Loomis, 405-234-3832, or any Crowe & Dunlevy attorney who typically handles your legal issues.
HIPAA/HITECH Table - Meaningful Use