CHIME is the professional organization for chief information officers and other senior healthcare IT leaders.
CHIME has produced a CIO-oriented publication providing details on how organizations should focus their efforts to implement EHR systems that will qualify for stimulus funding payments through the HITECH Act. The 80-page guidebook is available free to the public and can be downloaded here.
Also, the American Hospital Association (AHA) and CHIME have worked collaboratively to create a guidebook for CEOs on the HITECH Act and meaningful use implementation. The handbook entitled, “Health Care Leader Action Guide on Implementation of Electronic Health Records”, provides a readable, actionable, step-by-step guide designed to assist CEOs and other C-suite executives in the EHR implementation process. The 22-page guide is available free to the public and can be downloaded here.

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State laws generally govern how long medical records are to be retained.
However, the Health Insurance Portability and Accountability Act (HIPAA) of 1996 administrative simplification rules require a covered entity, such as a physician billing Medicare, to retain required documentation for six years from the date of its creation or the date when it last was in effect, whichever is later. HIPAA requirements preempt State laws if they require shorter periods. Your State may require a longer retention period.
While the HIPAA Privacy Rule does not include medical record retention requirements, it does require that covered entities apply appropriate administrative, technical, and physical safeguards to protect the privacy of medical records and other protected health information (PHI) for whatever period such information is maintained by a covered entity, including through disposal.
The Centers for Medicare & Medicaid Services (CMS) requires records of providers submitting cost reports to be retained in their original or legally reproduced form for a period of at least 5 years after the closure of the cost report.
CMS requires Medicare managed care program providers to retain records for 10 years.

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Additional information:
- Providers/suppliers should maintain a medical record for each Medicare beneficiary that is their patient.
- Medical records must be accurately written, promptly completed, accessible, properly filed and retained.
- Using a system of author identification and record maintenance that ensures the integrity of the authentication and protects the security of all record entries is a good practice.
- The Medicare program does not have requirements for the media formats for medical records. However, the medical record needs to be in its original form or in a legally reproduced form, which may be electronic, so that medical records may be reviewed and audited by authorized entities.
- Providers must have a medical record system that ensures that the record may be accessed and retrieved promptly.
- Providers may want to obtain legal advice concerning record retention after CMS-required time periods.
I was fortunate enough to be listening by phone to the historic (yes, historic) announcement of the final meaningful use rules by Kathleen Sebelius, Secretary HHS; Don Berwick, MD, new CMS Administrator; David Blumenthal, MD, national coordinator for health information technology at HHS; Regina Benjamin, MD, Surgeon General and a surprise speaker, Regina Holliday, artist and activist for patient rights.

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The memorable quotes I wrote down were:
Kathleen Sebelius: “When electronic health records are well-designed and implemented correctly, they can be a powerful force for reducing errors, lowering costs, raising quality of care, and increasing doctor and patient satisfaction.” That is the best one-sentence description of “Why EHR?” I’ve ever heard.
Don Berwick: “If it’s (EHR) so good, why doesn’t everyone use it? Because it’s HARD.” There is a little slice of honesty that you won’t get from most EHR vendors.
David Blumenthal: “We are only as good in treating patients as the information we have.” Wow, an admission that could rock the medical world if we stopped and thought about it.
Regina Holliday: “I will not stop until we all have the right see our own information.” Regina’s Medical Advocacy Blog is here. Her lauded mural “73 Cents” refers to how much per page she was told by the hospital medical records department she would have to pay to get a copy of her husband’s records while he was still in that hospital.
The Meat: Specifics of Stage 1 Meaningful Use (2011 and 2012)
Meaningful use includes both a core set and a menu set of objectives that are specific for eligible professionals and hospitals.
For Eligible Professionals (definition here), there are a total of 25 available meaningful use objectives. 20 of the objectives must be completed to qualify for an incentive payment. 15 are core objectives that are required, and the remaining 5 objectives may be chosen from the list of 10 menu set objectives.
For Hospitals, there are a total of 24 available meaningful use objectives. 14 are core objectives that are required, and the remaining 5 objectives may be chosen from the list of 10 menu set objectives.
Stage 1 (2011 – 2012) sets the baseline for electronic data capture and information sharing.
Stage 2 (est. 2013) and Stage 3 (est. 2015) will continue to expand on this baseline and be developed through future rule making.
Summary Overview Of Meaningful Use Objectives
(full article from New England Journal of Medicine here)

As I am sure you expect, there will be much more information to come.
U.S. Department of Health and Human Services
WHO: Kathleen Sebelius, Secretary, U.S. Department of Health and Human Services Donald Berwick, M.D, Administrator, Center for Medicare & Medicaid Services David Blumenthal, M.D., M.P.P., National Coordinator for Health Information Technology Regina Benjamin, M.D., M.B.A., Surgeon General
WHEN: Tuesday, July 13, 2010 10:00 a.m. EDT
WHERE: Great Hall, Hubert H. Humphrey Building 200 Independence Avenue, S.W., Washington, D.C. 20201
Call in: 800-857-6748 Verbal Passcode: HHS
Watch the webcast live here.
Healthcare reform is a top priority of the Obama administration and as a result the government will be watching closely to make sure healthcare providers are getting on board with Electronic Health Records (EHR). And while the 2014 deadline may seem like plenty of time to make the conversion, in reality it’s a pretty ambitious target date.
It’s likely that most of the focus for healthcare organizations over the next four years will be placed in three areas:
- getting a comprehensive EHR application in place within the organization
- making sure it can freely exchange data as part of the national system
- converting the existing paper records into electronic files
But there’s one other critical area that could be easily overlooked: faxes. Every day, healthcare providers exchange thousands of pages of patient, insurance and other data by fax. There are several reasons for this preference for faxing over email.
The big one is the requirements of the Health Information Portability and Accountability Act (HIPAA). According to HIPAA, email is not secure enough to transmit confidential patient information. It can be intercepted and read too easily, thus violating a patient’s right to confidentiality. Faxing is the only form of electronic transmission acceptable under law.
Even if they could use email, many physicians would still choose not to. They don’t like to have their email in-boxes filled with a lot of information they’d prefer be handled by their staff, and they fear being inundated with SPAM.
Another reason for the preference for faxes is many healthcare providers still use paper charts, which is the reason President Obama is pushing for the move to EHR. If a paper record needs to be forwarded from one provider to another, or to the same provider working out of multiple locations (two offices, a clinic, a hospital), the easiest way to get it there is to fax it.
One of the drawbacks to a fax machine is that although it transmits the documents electronically, the readable output is still on paper. If you want to store it electronically, either as part of an EHR or in anticipation of one, someone will need to scan it and save it. Turning paper into electronic documents can quickly become a time and resource sink.
There is a solution that both keeps the legal and practical advantages of faxing while eliminating the need for additional scanning – an Internet fax service. With these services, documents are transmitted using fax protocols (thus meeting HIPAA requirements), but are sent and received as attachments in email accounts. The default format is PDF, but better services give you a choice of document formats so you can integrate them into your EHR.
With an Internet fax service, electronic documents can be easily forwarded, attached to electronic medical records and stored. There’s no paper to misplace, no ink to smear, and no chance that a document relating to patient A will end up in patient B’s file because two faxes got mixed together.
On the sending side, an Internet fax service can be tied into the provider’s contact management system, eliminating the need to dial a phone number on a keypad and stand at the machine while the fax goes through. This method not only saves time, it also prevents a patient’s confidential medical information from being accidentally faxed to Petersen Auto Body –avoiding another potential HIPAA violation.
Unlike many improvements in the medical world, which tend to cost more to implement, an Internet fax service can help seriously reduce costs over using fax machines. Elimination of the paper used to print faxes alone can save thousands of dollars. Add in the elimination of the machines, the dedicated fax lines, toner and electricity and you’re potentially saving thousands more.
I asked Steve to expand on the MyFax product.
Q: What EMR systems is your product currently working with?
A: We have integrated with many EMR systems including NextGen and eClinical Works.
Q: What is involved (time, money) in interfacing your product to an EMR?
A: We have very robust APIs that enable us to complete the integration within a few weeks. If the integration is delayed, it’s usually due to business issues such as contract negotiations or legal matters.
Q: Can you explain in more detail the process to fax electronic medical records to a party outside the practice?
A: A doctor or nurse working within an EMR can fax directly from it. The document is then securely sent through our infrastructure. All data is encrypted in transit and then delivered to the recipient.
Q: What benchmarks can you give for the time it takes for a medical office employee to receive a fax, identify it as belonging to a specific patient, and index the fax into the EMR? Number of faxes one employee can receive, identify and index in an hour? A day?
A: Faxes are delivered right to the EMR. MyFax provides an indexing file which the application reads, and then puts the file in a work folder where the user can action it. From this point of view, it is then a question of the efficiency or capability of the employee and/or the actual EMR system.
For even greater efficiency, if the EMR system has OCR or Bar-coding capability, the fax can be directly attached to the patient record.
Q: Is your product priced by subscription or transaction volume, or some other way?
A: MyFax is Software-as-a-Service (SaaS) and is subscription based. We work with customers to create tailored subscriptions based on their business and fax needs.
Steve Adams is the vice president of marketing for Protus, a provider of communications tools for small-to-medium-businesses and enterprise organizations, including the MyFax (www.myfax.com) internet fax service; my1voice, a virtual phone service; and Campaigner, an e-mail marketing service. He can be reached at sadams@protus.com.
Medicare Definition of Eligible Provider (EP)
For Medicare, physicians and some hospitals are eligible providers. “Physicians” includes doctors of medicine (MD) or osteopathy (DO), dentists or dental surgeons (DDS or DMD), podiatric medicine (DPM), and optometry (OD) and chiropractors (DC).
For providers, their annual payment will be equal to 75 percent of Medicare allowable charges for covered services in a year, not to exceed the incentives in the table below. Payments will be made as additions to claims payments.
Hospitals include quick-care hospitals (subsection-d) and critical access hospitals and only includes hospitals in the 50 States or the District of Columbia.
Medicaid Definition of Eligible Provider (EP)
Medicaid takes the Medicare definition of eligible providers (physicians) and adds nurse practitioners, certified nurse midwives and physician assistants, however, physician assistants are only eligible when they are employed at a federally qualified health center (FQHC) or rural health clinic (RHC) that is led by a Physician Assistant. Eligible hospitals include quick care hospitals and children’s hospitals.
At minimum, 30 percent of an EP’s patient encounters must be attributable to Medicaid over any continuous 90-day period within the most recent calendar year. For pediatricians, however, this threshold is lowered to 20 percent.
The first year of payment the Medicaid provider must demonstrate that he is engaged in efforts to adopt, implement, or upgrade certified EHR technology. For years of payment after year 1, the Medicaid provider must demonstrate meaningful use of certified EHR technology.
Change 1:
The definition of “hospital-based physician” was recently clarified to include physicians working in hospital outpatient clinics (employed physicians) as opposed to the inpatient units, surgery suites or emergency departments. This still excludes pathologists, anesthesiologists, ER physicians, hospitalists and others who see most of their patients in the ER as outpatients or as hospital inpatients.
Possible Change 2:
The Health Information Technology Extension for Behavioral Health Services Act of 2010 (HR 5040) is a bill in the US Congress originating in the House of Representatives that would amend the Public Health Service Act and the Social Security Act to extend health information technology assistance eligibility to behavioral health, mental health, and substance abuse professionals and facilities, and for other purposes. You can track the bill here.
For more information on stimulus money for meaningful use of an EMR, read my post here.
With so much going on in healthcare, it would not surprise me if a lot of practices missed the February 2010 deadline for three expanded HIPAA rules. This expansion was dictated by the Health Information Technology for Economic and Clinical Health (HITECH) Act passed by Congress in February 2009.
If you haven’t already, get started now with the new requirements.
- New obligations for business associates (BA) – February 17, 2010 Remember that a BA is a person or organization outside of your entity with whom you share protected health information (PHI) so they may provide services to you. Good examples are your billing service, collection agency, attorney, consultant, computer vendors, attorneys and providers of documentation abstracting or coding services. Under HITECH, BA have the same responsibilities for breaches as the healthcare entity does, but it is the healthcare organization’s responsibility to have an updated, signed BA agreement in place that describes this new responsibility. Here is an excellent example of a BA agreement (first link under Publications) that you can download and tweak for your practice.
- New disclosure agreement provision – February 18, 2010 This is a big one! Patients now may waive their right to have you file their medical insurance, pay for your services themselves and request that their medical information NOT be disclosed to their insurance plan or any other entity. In other words, patients may elect to become “self-insured”. I recommend that you create a new financial class for these patients so they neither fall into the standard self-pay/financial assistance class or into their actual insurance class. These patients, if you have any, will need to be identified according to their wishes, which could mean that they want you to file insurance for some services and not for others. This means their record must be tagged for what records can be released and what records cannot. There could be an argument made either way for whether or not these patients should receive self-pay discounts that you have in place for your non-insured patients. I would be interested to know how different groups have decided to handle this. There are sample forms for PHI disclosure accounting and for patients to request an accounting of PHI disclosures in the Manage My Practice Library under Operations.
- Information breach notification – February 22, 2010
We’ve heard a lot about this one as the media (along with HHS) must now be notified if a PHI breach involves 500 people or more. Breaches are being reported weekly as non-encrypted laptops are stolen or repurposed, and as copier hard drives (story here) go unnoticed as a security risk. If a breach involves 500 people or less, each individual must receive written notice with details of the breach, the information disclosed, and the steps being taken by the practice or entity to avoid any future breaches, as well as explaining the rights of the patient(s) in protecting their private healthcare information. Several of my employees have received notification letters from health plans and they have been horrified that this could happen. Note that entities that secure health information through encryption or destruction don’t have to provide notification in the event of a breach!
Enforcement is also beefed up.
Criminal penalties will apply to covered entities that violate privacy rules AND to those organizations’ individual employees (can you track who accesses whose records when?) Civil penalties have been increased and harmed individuals may share in the booty. Probably most importantly, HITECH gives state attorneys general the power to enforce HIPAA rules.
Other resources:
- Everyone is waiting for the other shoe to drop on Medicare payments.
- Private practices may not have the in-house expertise to implement an EMR and may not be able to afford a consultant (although some states are receiving grants to help practices – check your state’s grant here.)
- There is a lot of confusion on the parts of Meaningful Use that have been clarified and of course, on those that haven’t.
- Administrators are distracted by RAC, PECOS, HIPAA , PQRI, eRx and RCM.
- Some practices have spent years avoiding Medicare and Medicaid patients and now don’t have the patient numbers to participate.
- Everyone and their uncle is selling an EMR – who can tell the long-timers who are about to be bought from the short-timers who might last forever?
- Physicians are worried about the drop in production that (some say) happens when a practice launches an EMR.
- There seems to be as many horror stories as there are success stories with EMRs.
- Practices that are affiliated with a hospital are nervous about tying themselves to the hospital in such a serious way as hopping on their EMR package.
- Because two practices can have absolutely opposite experiences with the same EMR, no one can find consistent recommendations for any single product. (It’s not the product, it’s the implementation!)
- Bonus Reason: lots of people are confused about how to qualify for the ARRA money (read my post about this here.)
Where Did the Idea of Meaningful Use of Electronic Medical Records Come From?
The American Recovery and Reinvestment Act of 2009 was signed by President Obama on February 17, 2009. The Law includes the Health Information Technology for Economic and Clinical Health Act or the HITECH Act. The HITECH Act establishes programs under Medicare and Medicaid to provide incentive payments for the Meaningful Use of Certified Electronic Health Records technology.
The goal of the HITECH legislation is to improve healthcare outcomes, to facilitate access to care and to simplify care. It is believed that the installation of electronic health records in medical practices is only the beginning. The goals of HITECH will be met when the EHR is used in a meaningful way.
What is Meaningful Use (MU)?
There are three identified components of Stage I Meaningful Use. They are:
- Use of a certified EHR in a meaningful manner such as e-prescribing.
- Use of Certified EHR Technology for the exchange of health information (exchange data with other providers of care or business partners such labs or pharmacies)
- Use of Certified EHR Technology to submit clinical quality and other measures.
The first stage of Meaningful Use is capturing and sharing the data. Meaningful Use Stage II is advanced clinical processes and Stage III is starting to look Meaningful Use of an EHR in the context of improved healthcare outcomes.
There are 25 specific criteria for MU Stage I listed in this article in Healthcare IT News:
[1] Objective: Use CPOE (Computerized Physician Order Entry)
Measure: CPOE is used for at least 80 percent of all orders
[2] Objective: Implement drug-drug, drug-allergy, drug- formulary checks
Measure: The EP (Eligible Provider) has enabled this functionality
[3] Objective: Maintain an up-to-date problem list of current and active diagnoses based on ICD-9-CM or SNOMED CT®
Measure: At least 80 percent of all unique patients seen by the EP have at least one entry or an indication of none recorded as structured data.
[4] Objective: Generate and transmit permissible prescriptions electronically (eRx).
Measure: At least 75 percent of all permissible prescriptions written by the EP are transmitted electronically using certified EHR technology.
[5] Objective: Maintain active medication list.
Measure: At least 80 percent of all unique patients seen by the EP have at least one entry (or an indication of “none” if the patient is not currently prescribed any medication) recorded as structured data.
[6] Objective: Maintain active medication allergy list.
Measure: At least 80 percent of all unique patients seen by the EP have at least one entry (or an indication of “none” if the patient has no medication allergies) recorded as structured data.
[7] Objective: Record demographics.
Measure: At least 80 percent of all unique patients seen by the EP or admitted to the eligible hospital have demographics recorded as structured data
[8] Objective: Record and chart changes in vital signs.
Measure: For at least 80 percent of all unique patients age 2 and over seen by the EP, record blood pressure and BMI; additionally, plot growth chart for children age 2 to 20.
[9] Objective: Record smoking status for patients 13 years old or older
Measure: At least 80 percent of all unique patients 13 years old or older seen by the EP “smoking status” recorded
[10] Objective: Incorporate clinical lab-test results into EHR as structured data.
Measure: At least 50 percent of all clinical lab tests results ordered by the EP or by an authorized provider of the eligible hospital during the EHR reporting period whose results are in either in a positive/negative or numerical format are incorporated in certified EHR technology as structured data.
[11] Objective: Generate lists of patients by specific conditions to use for quality improvement, reduction of disparities, research, and outreach.
Measure: Generate at least one report listing patients of the EP with a specific condition.
[12] Objective: Report ambulatory quality measures to CMS or the States.
Measure: For 2011, an EP would provide the aggregate numerator and denominator through attestation as discussed in section II.A.3 of this proposed rule. For 2012, an EP would electronically submit the measures are discussed in section II.A.3. of this proposed rule.
[13] Objective: Send reminders to patients per patient preference for preventive/ follow-up care
Measure: Reminder sent to at least 50 percent of all unique patients seen by the EP that are 50 and over
[14] Objective: Implement five clinical decision support rules relevant to specialty or high clinical priority, including for diagnostic test ordering, along with the ability to track compliance with those rules
Measure: Implement five clinical decision support rules relevant to the clinical quality metrics the EP is responsible for as described further in section II.A.3.
[15] Objective: Check insurance eligibility electronically from public and private payers
Measure: Insurance eligibility checked electronically for at least 80 percent of all unique patients seen by the EP
[16] Objective: Submit claims electronically to public and private payers.
Measure: At least 80 percent of all claims filed electronically by the EP.
[17] Objective: Provide patients with an electronic copy of their health information (including diagnostic test results, problem list, medication lists, and allergies) upon request
Measure: At least 80 percent of all patients who request an electronic copy of their health information are provided it within 48 hours.
[18] Objective: Provide patients with timely electronic access to their health information (including lab results, problem list, medication lists, allergies)
Measure: At least 10 percent of all unique patients seen by the EP are provided timely electronic access to their health information
[19] Objective: Provide clinical summaries to patients for each office visit.
Measure: Clinical summaries provided to patients for at least 80 percent of all office visits.
[20] Objective: Capability to exchange key clinical information (for example, problem list, medication list, allergies, and diagnostic test results), among providers of care and patient authorized entities electronically.
Measure: Performed at least one test of certified EHR technology’s capacity to electronically exchange key clinical information.
[21] Objective: Perform medication reconciliation at relevant encounters and each transition of care.
Measure: Perform medication reconciliation for at least 80 percent of relevant encounters and transitions of care.
[22] Objective: Provide summary care record for each transition of care and referral.
Measure: Provide summary of care record for at least 80 percent of transitions of care and referrals.
[23] Objective: Capability to submit electronic data to immunization registries and actual submission where required and accepted.
Measure: Performed at least one test of certified EHR technology’s capacity to submit electronic data to immunization registries.
[24] Objective: Capability to provide electronic syndromic surveillance data to public health agencies and actual transmission according to applicable law and practice.
Measure: Performed at least one test of certified EHR technology’s capacity to provide electronic syndromic surveillance data to public health agencies (unless none of the public health agencies to which an EP or eligible hospital submits such information have the capacity to receive the information electronically).
[25] Objective: Protect electronic health information maintained using certified EHR technology through the implementation of appropriate technical capabilities.
Measure: Conduct or review a security risk analysis in accordance with the requirements under 45 CFR 164.308 (a)(1) and implement security updates as necessary.
Have the Details of MU been finalized?
The comment period for the NPRM (Notice of Proposed Rule Making) for Meaningful Use is currently open but will close on March 15, 2010. You can read the NPRM here. Many individuals and organizations have expressed concern that the timeline for implementing EHR and meeting MU criteria is too short for the majority of providers. The American Academy of Family Physicians (AAFP) recently sent a 7-page letter to acting CMS Administrator Charlene Frizzera (see story here) that included the following concerns:
- The administrative burden of reporting computerized physician order entry measures “is excessive to the point of being unachievable for most eligible providers.”
- The rule could require manually entering results from laboratories that don’t have an interoperable interface with the physician’s electronic health record.
- The term “health information” is used throughout the proposed rule, but is never defined.
- A requirement that a patient’s health information be shared with that patient within 48 hours doesn’t take in account that physicians or their staff may not be able to process the information if that 48-hour period includes weekend days.
- There is no incentive for physicians who meet less than 100% of the proposed requirements, so it is an all-or-nothing approach.
The Medical Group Management Association recently surveyed (see Modern Healthcare story here) 445 physician practice administrators in February 2010 with the following feedback:
- Nearly all are aware of the upcoming incentive programs for meaningful use of electronic health records, but fear the programs will reduce physician productivity.
- 68% of respondents expect physician productivity will decrease if all 25 proposed meaningful use criteria are implemented.
- Nearly one-third believe the decrease in productivity will be greater than 10 percent.
- Almost 25% of practices without an EHR doubt some of their providers will ever attempt to qualify for incentives.
- Among practices with an EHR, nearly 84 percent believe some of their physicians will attempt to qualify for Medicare or Medicaid incentives by the end of 2011.
How Do I Comment on the MU Standard?
You can submit your comments on the NPRM on MU here.
You can read comments already submitted here.
How Do I Know if My EHR is Certified?
No EHRs have been certified for the CMS Incentive Program and the certifying bodies have not yet been announced. It seems reasonable that CCHIT will be one certifying body, but there are expected to be others. If your vendor tells you that his EHR is certified before the rule has been finalized and the certifying bodies have been announced, ask him “For what?”
What Does it Mean to Be Eligible? (description courtesy of Everything HITECH)
This term encompasses three general types of payers to establish eligibility: 1) Medicare Fee For Services (FFS), 2) Medicare Advantage (MA) and 3) Medicaid.
For hospitals to be eligible, they can be acute care (excluding long term care facilities), critical access hospitals, children’s hospitals.
For providers, these include non-hospital-based physicians who receive reimbursement through Medicare FFS program or a contractual relationship with a qualifying MA organization. The Act defines the term “hospital based” eligible professional to mean an EP such as a pathologist, anesthesiologist,or emergency physician, who furnishes substantially all of his or her Medicare covered professional services during the relevant EHR reporting period in a hospital setting (whether inpatient or outpatient) through the use of the facilities and equipment of the hospital, including the hospital’s qualified EHR’s (Fed Reg p. 1905). The determining factor is the site of service as to whether the service is hospital based or not. If the EP provides at least 90 % of their services in a hospital inpatient, hospital outpatient or hospital emergency room setting (Point of Service codes 21, 22, 23), then they are considered a hospital based EP and not eligible for EHR incentive payments (i.e. providing substantially all of his or her Medicare covered professional services).
There is a difference between Medicare and Medicaid when it comes to defining an eligible professional for EHR incentive payment purposes. Medicare defines an eligible professional as (Fed Reg p. 1996):
- doctor of medicine or doctor of osteopathy
- doctor of dental surgery or dental medicine
- doctor of podiatric medicine
- doctor of optometry
- chiropractor
Medicaid, on on the other hand, defines an eligible professional as (Fed Reg p. 2001):
- physician
- dentist
- certified nurse-midwife
- nurse practitioner
- physician assistant practicing in a Federally Qualified Health Center (FQHC) or a Rural Health Clinic, led by a physician assistant.
What are the Guidelines for Providing Patients With Their Medical Records Electronically?
Under HIPAA, patients currently have the ability to access their medical records. Meaningful Use does not change HIPAA in that regard. You may charge patients for the expense related to providing paper or electronic medical records. Each state has its own schedule for charging for medical records (state-by-state schedule here.)
Do Eligible Providers Have to be Participating With Medicare to Receive the Incentive Money?
No, the eligibility requirements only relate to the benchmarks for the percentage of Medicaid patients you have, or amount of allowed Medicare charges you have.
Can Eligible Providers Work at Locations Other Than Hospitals and Private Practices and Receive the Incentive Money?
The location where the provider works is not the issue. The issue is whether or not the provider meets the requirements, either for Medicare or Medicaid, to be considered eligible for the program.
It doesn’t matter where the provider accesses the certified EHR. If they meet the eligibility criteria, and they are using a certified EHR, they can collect on the stimulus money.
What Are Health Provider Shortage Areas?
Physicians practicing in determined “health provider shortage” (detailed info here) areas will be eligible for a 10% bonus payment.
How Does This Incentive Relate to ePrescribing or PQRI?
If the PQRI Program is extended in its current form, practices can participate in both PQRI and an EHR Incentive Plan.
If the EP chooses to participate in the Medicare EHR Incentive Program, they cannot participate in the Medicare eRx Incentive Program simultaneously. If the EP chooses to participate in the Medicaid EHR Incentive Program, they can participate in the Medicare eRx Incentive Program simultaneously.
Also, e-prescribing penalties sunset after 2014, so that no physician will be subject to penalties for failing to both e-prescribe and use an EHR!
How Do EPs Get Paid For Meaningful Use of a Certified EHR?
For the first payment year only, all an EP or hospital has to do is to be a “meaningful user” for a continuous 90-day period during the payment year. Hospitals’ payment year is October 1 to September 30 and EPs’ payment year is the calendar year. You must start and complete the 90-day period within the payment year with no overlapping.
Also, if you can qualify as a Medicaid Eligible Provider (or Hospital), are in the process of adopting, implementing or upgrading your EHR and your Medicaid patient volume is at least 30% (Pediatricians only need 20% minimum and Hospitals need 10% minimum), you can collect your incentive money without meeting Meaningful Use criteria.
Attestation forms and forms of other types are most likely the way that EPs will provide information to apply for the incentive funds, although the details have not yet been released.
What Does it Mean to Transition From One Program (Medicaid or Medicare) to Another?
EPs who meet the eligibility requirements for both the Medicare and Medicaid incentive programs will be able to participate in only one program, and will have to designate which one they would like to participate in. After their initial designation, EPs are allowed to change their program selection only once during payment years 2012 through 2014.
To Recap:
How Do I Get My EHR Stimulus Money?
- Decide whether you are an eligible provider for any of the programs.
- If you are, buy a certified EMR (once certification has been defined.)
- Use your EMR in a way that demonstrates your meaningful use of the product.
- Pass “GO” and collect your money.
ARRA (Stimulus Bill) Acronyms
• A/I/U –Adopt, implement or upgrade
• CAH –Critical Access Hospital
• CCN –CMS Certification Number
• CDS –Clinical Decision Support
• CMS –Centers for Medicare & Medicaid Services
• CY –Calendar Year
• EHR –Electronic Health Record
• EP –Eligible Professional
• eRx –E-Prescribing
• FFS –Fee-for-service
• FY –Federal Fiscal Year
• HHS –U.S. Department of Health and Human Services
• HIT –Health Information Technology
• HITECH Act –Health Information Technology for Electronic and Clinical Health Act
• HITPC –Health Information Technology Policy Committee
• HIPAA –Health Insurance Portability and Accountability Act of 1996
• HPSA –Health Professional Shortage Area
• IFR –Interim Final Rule
• MA –Medicare Advantage
• MCMP –Medicare Care Management Performance Demonstration
• MITA-Medicaid Information Technology Architecture
• MU –Meaningful Use
• NPI –National Provider Identifier
• NPRM –Notice of Proposed Rulemaking
• OMB –Office of Management and Budget
• ONC –Office of the National Coordinator of Health Information Technology
• PQRI –Medicare Physician Quality Reporting Initiative
• Recovery Act –American Reinvestment & Recovery Act of 2009
• TIN –Taxpayer Identification Number
To see the full transcript of the CMS Audio Conference Call from February 23, 2010 which this article drew heavily upon, view the handout, or listen to the audio of the call click here.
For more information who is eligible and for how much, read my post “ARRA Eligible Providers: Who Is Eligible to Receive Stimulus Money and How Much is Available Per Provider?”





