BizTech Law Blog

EHR Incentive Program Updates

According to the Centers for Medicare & Medicaid Services ("CMS"), CMS has already paid $75 million to health care providers for meaningful use of electronic health records ("EHR") since the first incentive payments began in mid-May, 2011. This number is only expected to rise as physicians and hospitals have until the end of 2012 to attest to "meaningful use" of EHR and become entitled to receive the maximum amounts over a five-year period. Read More ›

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CMS Recognizes Additional Hardship Categories for Electronic Prescribing Waivers

On June 1, 2011, the Centers for Medicare & Medicaid Services ("CMS") issued a proposed rule that would allow certain physicians to avoid having to use electronic prescribing ("eRx") by the required June 30, 2011 date. 

Currently, CMS requires that providers complete at least 10 drug orders using an eRx system between January 1 and June 30, 2011 in order to avoid a one percent decrease in Medicare payments in 2012.  Prior to the June 1, 2011 proposed rule, only rural providers with limited internet access or providers in an area with limited pharmacies for eRx could claim a hardship waiver to avoid the penalties for failing to make the 10 eRx orders. Read More ›

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Some Modern Guidance on a 30-Year-Old Substance Abuse Confidentiality Law

While Health Care Reform and HIPAA's HITECH Regulations are hot topics in the health care world, receiving less attention is the Substance Abuse and Mental Health Services Administration's and the Office of the National Coordinator for Health Information Technology's recently published Frequently Asked Questions ("FAQs") for applying Substance Abuse Confidentiality Regulations to electronic health information.  While receiving less media attention, these FAQs are no less important as they give guidance on a law and regulations that were enacted nearly thirty years ago (the federal confidentiality law is codified as 42 U.S.C. § 290dd-2 and 42 CFR Part 2 (“Part 2”)).  Not surprisingly, given that the law was enacted thirty years ago, prior to the FAQs there was little government guidance on substance abuse confidentiality that contemplated modern technology such as electronic health records.  Read More ›

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