CMS Rule Modifies EHR Incentive Program Requirements

On October 6, the U.S. Department of Health and Human Services (HHS) announced that the Centers for Medicare & Medicaid Services (CMS) and Office of the National Coordinator of Health Information Technology issued a final rule with comment period ("Final Rule") simplifying certain requirements of the Medicare and Medicaid EHR Incentive Programs (the "Incentive Programs"). CMS issued a fact sheet on the Incentive Programs.

The Incentive Programs, established by the American Recovery and Reinvestment Act of 2009, provide for certain incentive payments to eligible providers, eligible hospitals and critical care hospitals to promote the adoption and meaningful use of health information technology and electronic health records (EHR). Under the Incentive Programs, eligible providers, eligible hospitals and critical care hospitals must demonstrate "meaningful use" of EHR technology that can be qualitatively and quantitatively measured. The Incentive Programs' meaningful use