Final Rule Establishes Electronic Health Record (EHR) Certification Programs
On January 10, 2011, the Office of the National Coordinator for Health Information Technology (ONC) published a final rule to authorize organizations to certify EHR technology. By way of background, under the Health Information Technology for Economic and Clinical Health (HITECH) Act, hospitals and eligible professionals may qualify to receive Medicare and Medicaid incentive payments if they adopt and meaningfully use certified electronic health technology. Beginning in 2015, such providers that do not adopt and meaningfully use such technology will have downward payment adjustments. The new rule builds on a temporary certification program published June 24, 2010, and which is scheduled to sunset December 31, 2011 (or later if needed to complete the transition to the permanent program). Under the final rule, organizations must be accredited in order to test and/or certify health information technology. Certification bodies authorized by the National Coordinator must conduct post-certification surveillance, and they may perform “gap certification” of previously-certified technology to respond to revised certification criteria. Separately, the ONC Health Information Technology Policy Committee is seeking comments on draft Stage 2 Meaningful Use Objectives; comments will be accepted until February 25, 2011.
