Modifications to the Electronic Health Record Meaningful Use Incentive Program

On September 4, 2014, the Department of Health & Human Services, Centers for Medicare & Medicaid Services (“CMS”), published a final rule (See, 79 FR 52910) modifying the Medicare and Medicaid Electronic Health Record Meaningful Use Incentive Program (“EHR Meaningful Use Incentive Program”). The reason for the modification is that health care providers were unable to upgrade to the 2014 certified electronic health record technology (“CEHRT”) due to product delays and availability. The final rule allows more flexibility in how providers use CEHRT to meet meaningful use for an EHR Meaningful Use Incentive Program for the 2014 reporting period. CMS reports that this flexibility will allow more providers “to participate and meet important meaningful use objectives like drug interaction and drug allergy checks, providing clinical summaries to patients, electronic prescribing, reporting on key public health data, and reporting on quality measures.”

The final rule states that CMS will allow providers to use 2011 CEHRT to meet Stage 1 objectives or a combination of 2011 and 2014 CEHRT to meet Stage 1 or Stage 2 objectives. However, providers still using 2011 CEHRT must attest to the failure to implement 2014 CEHRT due to delays beyond their control. Additionally, all eligible providers will be required to use 2014 CEHRT beginning in 2015. The final rule also finalizes the extension of Stage 2 through 2016 for certain providers, and extends the Stage 3 start date from January 1, 2016, to January 1, 2017, for providers who first became meaningful users in 2011 or 2012.

The final rule is effective October 1, 2014.

If you have any questions about any of the topics discussed in this article, please contact Adrienne Dresevic, Esq., at, or Clinton Mikel, Esq., at (or by phone at 248-996-8510).

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