Meaningful Use Attestation Deadline Quickly Approaching

February 28, 2014 marks the deadline for eligible professionals (“EPs”) to register and attest to demonstrating meaningful use for the 2013 Medicare Electronic Health Records (“EHR”) Incentive Program. EPs must successfully attest by 11:59 pm ET on February 28 to receive incentive payment for 2013 participation.

The Medicare EHR Incentive Program provides incentive payments to eligible professionals, hospitals, and critical access hospitals that demonstrate meaningful use of certified EHR technology. EPs have the opportunity to receive up to $44,000 over five years under the EHR Incentive Program and a percentage of incentive payments.

Payment adjustments for EPs will be applied beginning January 1, 2015, to Medicare participants that have not successfully demonstrated meaningful use. The adjustment is determined by the EP’s reporting period in a prior year.

EPs participating in the Medicaid EHR incentive program should refer to their state deadlines for attestation information.

It is imperative that EPs participating in the EHR Incentive Program are in compliance with the HIPAA Security Rule and all other meaningful use attestation requirements. It is a specific requirement of the Incentive Program for EPs to conduct a security risk analysis of the practice to identify potential risks and vulnerabilities related to the confidentiality, integrity, and availability of electronic protected health information. When attesting to meaningful use, all providers may be subject to a meaningful use audit, since Congress has identified this program as a risk area for abuse.

The Health Law Partners has experience with respect to all HIPAA related matters and representing EPs and providers in Meaningful Use audits.

For more information, or for questions related to HIPAA or other regulatory concerns, please contact Clinton Mikel, Esq., or Adrienne Dresevic, Esq. at (248) 996-8510 or via email at or

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