Update: Medicare and Medicaid Electronic Health Records (EHR) Incentive Program
On July 28, 2010, the Centers for Medicare and Medicaid Services (CMS) released the final rule for the Medicare and Medicaid Electronic Health Records (EHR) Incentive Program. This is the implementation phase of the American Recovery and Re-investment Act (enacted on February 17, 2009) under the Health Information for Economic and Clinical Health Act (HITECH) provision. This provision established incentive payments (IPs) for eligible professionals (EP) and eligible hospitals that meaningfully use EHRs. The CMS final rule provides guidelines on how to adopt and use EHR technology in a meaningful way to improve the quality, safety, and efficiency of patient care. It also defines how providers can qualify for the Medicare and Medicaid EHR Incentive Programs (http://www.cms.gov/ehrincentiveprograms/). Although the Academy supports adopting EHR to improve health outcomes and quality of care, it addressed these reservations in a letter to CMS: Opposed the “all or nothing” approach for EPs to obtain incentives and supported a more gradual process for EPs to adopt EHRs. Recommended reduction of the threshold submissions for electronic prescriptions Suggested modification of the criterion for recording chart changes by requiring EPs to report only relevant vital signs based on their specialty Requested CMS require EPs to supply clinical summaries for patients only upon request Motioned that CMS postpone implementing the five clinical decision support rules from the meaningful use criteria Asked CMS to exclude otolaryngologist—head and neck surgeons from reporting specialty clinical measures because there weren’t any specialty groups applicable to us. In the final rule, due to our advocacy, CMS reduced the total number of objectives that EPs must satisfy to show meaningful use (MU). Also, they decreased the threshold levels for clinical quality measures, established two sets of objectives — core and menu — and will allow EPs to be excluded from reporting measures that they attest don’t apply to them. CMS reduced the clinical decision support rules from five to one, reduced the clinical quality measures from 90 to 44, and removed the requirement of reporting specialty group measures. Clinical quality measures for Medicare and Medicaid EPs To fulfill the MU criteria for the 2011 payment year (PY), EPs must submit (to CMS) required clinical quality data with an attestation that they used certified EHRs to collect the data elements, calculate the results, and vouch for the accuracy and completeness of their data. EPs are required to submit the numerators, denominators, and exclusions for the required measures for all applicable patients (not just Medicare and Medicaid patients). For the 2011 and 2012 EHR reporting periods, CMS requires each EP to submit information on six measures from the 44 clinical quality measures: three core and three quality measures. To be exempt from reporting these measures, EPs must attest that all of the other clinical measures calculated by the certified EHR have a value of zero for the denominator. According to Edward B. Ermini, MD, Chair of the Medical Informatics committee, there aren’t any clinical decision support rules that apply to otolaryngologist—head and neck surgeons; they can probably only perform three measures on the menu set list. The Medicare EHR incentive program The EHR reporting period may be “any continuous 90-day period within the first payment year and the entire payment year for all subsequent payment years.” The Medicare EHR Incentive program will be consecutive; CMS will treat every year following the first PY as a PY whether the EP received an incentive payment or not. The first PY for the program is calendar year (CY) 2011. EPs who change practices during the reporting period may still be eligible for IPs if they demonstrate MU. Incentive payments EPs who are meaningful EHR users during the relevant EHR reporting period are entitled to an IP amount, subject to an annual limit, equal to 75 percent of the CMS’ secretary’s estimate of the Medicare allowed charges for covered professional services furnished by the EP during the relevant PY. EPs are eligible for IPs for up to five years (2011-2016). The last year to begin participation is 2014. EPs cannot reassign their benefits to more than one employer or entity and are responsible for reimbursing relevant parties or associates with IPs. Payment adjustments (penalties) There will be a 1- to 5-percent payment adjustment for EPs who are not meaningful Certified Electronic Health Records (CEHR) users after 2015. EPs who can prove “significant hardship” may be exempt from this payment adjustment. EPs will need to renew their status annually with a limit of five years. How can EPs register? Registration for the Medicare program begins in January 2011 at: http://www.entnet.org/MedicareRegistration. CMS requires each EP establish an enrollment record in PECOS. If you do not have one, visit: http://www.entnet.org/PecosEnrollment The Medicaid EHR incentive program The definition for MU will be the minimum standard for the Medicaid program. States may obtain approval from CMS to add more objectives to the MU definition. In CY 2011 and 2012, CMS will only consider states’ requests to modify the stage 1 objectives for public health or data registries. In the first year, EPs may obtain incentives through upgrading, adopting, or implementing a CEHR. For subsequent PYs, they must demonstrate MU of their EHRs. To be considered EPs for the Medicaid program, at least 30 percent of EPs’ patient volume must receive Medicaid over any continuous 90-day period within the most recent CY prior to reporting. EPs need not participate on a consecutive basis in the Medicaid EHR incentive program to obtain IPs. Incentive payments IPs for Medicaid EPs will equal 85 percent of “net average allowable costs” associated with adopting EHRs, with a $63,750 maximum over a six-year period. IPs would be disbursed by states within the CY. EPs practicing in multiple states must select one state Medicaid EHR incentive program to participate. There are no penalties for EPs who do not participate in this program. Follow up with your state Medicaid provider to find out how to register for the incentive program. For resources on the EHR incentive program, visit: http://www.entnet.org/Practice/ONC.cfm Reference Medicare and Medicaid Programs; Electronic Health Record Incentive Program; Final Rule. Accessed at http://edocket.access.gpo.gov/2010/pdf/2010-17207.pdf on August 10, 2010. Full article will be available online at www.entnet.org/Practice/regulatorySocioAdvocacy.cfm.
On July 28, 2010, the Centers for Medicare and Medicaid Services (CMS) released the final rule for the Medicare and Medicaid Electronic Health Records (EHR) Incentive Program. This is the implementation phase of the American Recovery and Re-investment Act (enacted on February 17, 2009) under the Health Information for Economic and Clinical Health Act (HITECH) provision. This provision established incentive payments (IPs) for eligible professionals (EP) and eligible hospitals that meaningfully use EHRs. The CMS final rule provides guidelines on how to adopt and use EHR technology in a meaningful way to improve the quality, safety, and efficiency of patient care. It also defines how providers can qualify for the Medicare and Medicaid EHR Incentive Programs (http://www.cms.gov/ehrincentiveprograms/).
Although the Academy supports adopting EHR to improve health outcomes and quality of care, it addressed these reservations in a letter to CMS:
- Opposed the “all or nothing” approach for EPs to obtain incentives and supported a more gradual process for EPs to adopt EHRs.
- Recommended reduction of the threshold submissions for electronic prescriptions
- Suggested modification of the criterion for recording chart changes by requiring EPs to report only relevant vital signs based on their specialty
- Requested CMS require EPs to supply clinical summaries for patients only upon request
- Motioned that CMS postpone implementing the five clinical decision support rules from the meaningful use criteria
- Asked CMS to exclude otolaryngologist—head and neck surgeons from reporting specialty clinical measures because there weren’t any specialty groups applicable to us.
In the final rule, due to our advocacy, CMS reduced the total number of objectives that EPs must satisfy to show meaningful use (MU). Also, they decreased the threshold levels for clinical quality measures, established two sets of objectives — core and menu — and will allow EPs to be excluded from reporting measures that they attest don’t apply to them. CMS reduced the clinical decision support rules from five to one, reduced the clinical quality measures from 90 to 44, and removed the requirement of reporting specialty group measures.
Clinical quality measures for Medicare and Medicaid EPs
To fulfill the MU criteria for the 2011 payment year (PY), EPs must submit (to CMS) required clinical quality data with an attestation that they used certified EHRs to collect the data elements, calculate the results, and vouch for the accuracy and completeness of their data. EPs are required to submit the numerators, denominators, and exclusions for the required measures for all applicable patients (not just Medicare and Medicaid patients).
For the 2011 and 2012 EHR reporting periods, CMS requires each EP to submit information on six measures from the 44 clinical quality measures: three core and three quality measures. To be exempt from reporting these measures, EPs must attest that all of the other clinical measures calculated by the certified EHR have a value of zero for the denominator. According to Edward B. Ermini, MD, Chair of the Medical Informatics committee, there aren’t any clinical decision support rules that apply to otolaryngologist—head and neck surgeons; they can probably only perform three measures on the menu set list.
The Medicare EHR incentive program
The EHR reporting period may be “any continuous 90-day period within the first payment year and the entire payment year for all subsequent payment years.” The Medicare EHR Incentive program will be consecutive; CMS will treat every year following the first PY as a PY whether the EP received an incentive payment or not. The first PY for the program is calendar year (CY) 2011. EPs who change practices during the reporting period may still be eligible for IPs if they demonstrate MU.
Incentive payments
EPs who are meaningful EHR users during the relevant EHR reporting period are entitled to an IP amount, subject to an annual limit, equal to 75 percent of the CMS’ secretary’s estimate of the Medicare allowed charges for covered professional services furnished by the EP during the relevant PY. EPs are eligible for IPs for up to five years (2011-2016). The last year to begin participation is 2014. EPs cannot reassign their benefits to more than one employer or entity and are responsible for reimbursing relevant parties or associates with IPs.
Payment adjustments (penalties)
There will be a 1- to 5-percent payment adjustment for EPs who are not meaningful Certified Electronic Health Records (CEHR) users after 2015. EPs who can prove “significant hardship” may be exempt from this payment adjustment. EPs will need to renew their status annually with a limit of five years.
How can EPs register?
Registration for the Medicare program begins in January 2011 at: http://www.entnet.org/MedicareRegistration. CMS requires each EP establish an enrollment record in PECOS. If you do not have one, visit: http://www.entnet.org/PecosEnrollment
The Medicaid EHR incentive program
The definition for MU will be the minimum standard for the Medicaid program. States may obtain approval from CMS to add more objectives to the MU definition. In CY 2011 and 2012, CMS will only consider states’ requests to modify the stage 1 objectives for public health or data registries. In the first year, EPs may obtain incentives through upgrading, adopting, or implementing a CEHR. For subsequent PYs, they must demonstrate MU of their EHRs. To be considered EPs for the Medicaid program, at least 30 percent of EPs’ patient volume must receive Medicaid over any continuous 90-day period within the most recent CY prior to reporting.
EPs need not participate on a consecutive basis in the Medicaid EHR incentive program to obtain IPs.
Incentive payments
IPs for Medicaid EPs will equal 85 percent of “net average allowable costs” associated with adopting EHRs, with a $63,750 maximum over a six-year period.
IPs would be disbursed by states within the CY. EPs practicing in multiple states must select one state Medicaid EHR incentive program to participate. There are no penalties for EPs who do not participate in this program.
Follow up with your state Medicaid provider to find out how to register for the incentive program.
For resources on the EHR incentive program, visit: http://www.entnet.org/Practice/ONC.cfm
Reference
- Medicare and Medicaid Programs; Electronic Health Record Incentive Program; Final Rule. Accessed at http://edocket.access.gpo.gov/2010/pdf/2010-17207.pdf on August 10, 2010.
Full article will be available online at www.entnet.org/Practice/regulatorySocioAdvocacy.cfm.