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ARTICLE · 19 JULY 2010

Final Rule Establishes the Temporary Certification Program for EHR Technology

McDermott Will & Emery
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On June 24, 2010, the Office of the National Coordinator (ONC) published the temporary electronic health record (EHR) certification program final rule (Final Rule), establishing the process by which the ONC will select organizations to be ONC

United StatesFood, Drugs, Healthcare, Life Sciences
Bernadette Broccolo
Bernadette Broccolo
Stephen Bernstein
Stephen Bernstein
Daniel Gottlieb
Daniel Gottlieb
Sarah Nelson
Sarah Nelson
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On June 24, 2010, the Office of the National Coordinator (ONC) published the temporary electronic health record (EHR) certification program final rule (Final Rule),1 establishing the process by which the ONC will select organizations to be ONC Authorized Testing and Certification Bodies (ONC-ATCBs) for the Medicare and Medicaid EHR incentive programs established by the Health Information Technology for Economic and Clinical Health Act (HITECH Act).

The Final Rule also establishes parameters under which the ONC-ATCBs will test and certify that EHR technology (Certified EHR Technology) meets the technological capability, functionality and security requirements (EHR Certification Requirements)2 for supporting the achievement of meaningful use3 by eligible hospitals and professionals (collectively, eligible providers). The Final Rule does not permit uncertified EHR technology currently in use to be "grandfathered"—that is, deemed to be Certified EHR Technology for

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