American Recovery and Reinvestment Act (ARRA)

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The OIG has given the CMS mixed reviews regarding the extent to which it meets American Recovery and Reinvestment Act (Recovery Act) requirements to notify affected beneficiaries when the privacy or security of their protected health information is compromised. In the report, “CMS Response to Breaches and Medical Identity Theft,” the OIG assesses…

The GAO has developed a prototype formula for a temporary increased Federal Medical Assistance Percentage (FMAP) designed to target variable state Medicaid needs and provide automatic, timely, and temporary assistance in response to national economic downturns. The recommendations stem from a mandate in the American Recovery and Reinvestment Act of 2009 that GAO provide recommendations…

HHS has announced the adjusted Federal Medical Assistance Percentage (FMAP) rates for the second and third quarters of FY 2011. The rates reflect temporary increases in the FMAP rates under the American Recovery and Reinvestment Act  to provide fiscal relief to states and to protect and maintain state Medicaid and certain other assistance programs in…

The Government Accountability Office (GAO) has issued a report entitled “Medicaid: Improving Responsiveness of Federal Assistance to States during Economic Downturns,” as mandated by the American Recovery and Reinvestment Act of 2009. The report reviews the impact of previous recessions on states’ ability to fund Medicaid, the responsiveness of past Federal Medical Assistance…

The Department of Health and Human Services (HHS) has announced revisions to the Health Information Technology Extension Program, which assists providers seeking to adopt and become meaningful users of health information technology, as authorized under the American Recovery and Reinvestment Act of 2009. Specifically, the notice announces changes in cost-sharing requirements for Regional Extension…

The Substance Abuse and Mental Health Services Administration (SAMHSA) is conducting a study on “Confidentiality and Privacy Issues Related to Psychological Testing Data,” pursuant to section 13424 of the Health Information Technology for Economic and Clinical Health (HITECH) Act (a component of the American Recovery and Reinvestment Act). The study will address whether the HIPAA…

CMS has issued a letter to state Medicaid directors on "Federal Funding for Medicaid HIT Activities." Specifically, the letter provides guidance regarding implementation of section 4201 of the ARRA, which allow the payment of incentives to eligible professionals (EPs) and eligible hospitals to promote the adoption and meaningful use of certified electronic health…

This post was written by Jacqueline B. Penrod. On July 28, 2010, CMS published a final rule to implement the provisions of the American Recovery and Reinvestment Act of 2009 that provide incentive payments to eligible professionals, eligible hospitals, and critical access hospitals (CAHs) participating in Medicare and Medicaid programs that adopt and successfully…

On July 8, 2010, the HHS released its proposed rule modifying the HIPAA Privacy, Security, and Enforcement Rules to implement the privacy, security, and certain enforcement provisions of the Health Information Technology for Economic and Clinical Health Act, included in the American Recovery and Reinvestment Act of 2009 (ARRA). The proposed modifications to the HIPAA…

This post was written by Jackie Penrod.

On June 24, 2010, HHS published a final rule to establish the temporary certification process for electronic health records (EHR) technology. The temporary certification rule defines the way in which a company can become an authorized certification and testing and certification body. The rule was finalized to…

On May 28, 2010, CMS published a final rule with comment period revising its November 25, 2008 final rule that provided state Medicaid agencies with increased flexibility to impose premium and cost sharing requirements on certain Medicaid recipients. The 2010 final rule addresses public comments received during reopened comment periods on the earlier rulemaking and…

CMS has announced the adjusted Federal Medical Assistance Percentage (FMAP) rates for the second quarter of fiscal year (FY) 2010, as increased by the American Recovery and Reinvestment Act of 2009. The adjusted rates are intended to provide fiscal relief to states and to protect state Medicaid programs during the economic downturn. The second quarter FMAP …

This post was written by Jacqueline B. Penrod.

On March 10, 2010, the Office of the National Coordinator for Health Information Technology (ONC) published a proposed rule to establish certification programs for health information technology (HIT). The rule follows the publication of two other rules on January 13, 2010 that addressed the adoption…

The HHS Office of Civil Rights (OCR) has indicated that the agency will be delaying enforcement of the HITECH Act provisions under which Business Associates are required to directly comply with the HIPAA Privacy and Security Rules.  Although the statutory compliance date for the Business Associate requirement is February 17, 2010, Adam Greene, an OCR…

On February 18, 2010, the Department of Health and Human Services (HHS) announced that it will be providing states with an additional $4.3 billion in federal funding to offset the cost of Medicare Part D prescription drug coverage for individuals eligible for both Medicare and Medicaid. The increased aid results from HHS applying the temporary…