BC Advantage - 2009 Issue 5
EHR and E-Prescribing: Navigating Through the CMS and OIG Exceptions and Safe Harbors
Subscribe or sign in to view the full article.
Article Overview
This article explains federal CMS and OIG rules that created exceptions and safe harbors for electronic prescribing and electronic health record donation arrangements. It is aimed at physicians, physician group practices, hospitals, and other health care providers evaluating technology donation or support arrangements, and it covers the general requirements, eligibility limits, written agreement expectations, timing considerations, and compliance concerns under the Stark Law and Anti-Kickback Statute framework.
Why This Topic Matters
These rules can affect whether technology support arrangements are structured in a way that fits within federal fraud-and-abuse protections. The article is relevant to organizations and practices considering donated software, services, or related support for electronic prescribing or EHR adoption.
Article Sections
-
Overview of CMS and OIG Final Rules
Introduces the federal effort to support adoption of electronic prescribing and electronic health records through regulatory exceptions and safe harbors. Summarizes the general purpose and scope of the guidance.
-
The eRX Rules
Discusses the general structure of the electronic prescribing-related exception and safe harbor, including the broad categories of donors, recipients, and arrangement requirements described in the article.
-
The EHR Rules
Covers the general framework for electronic health record donation arrangements, including the types of items and services addressed and the compliance conditions highlighted in the article.
-
Practical Considerations and Legal Counsel
Addresses the article’s cautionary discussion about the complexity of these arrangements and the need for careful review and legal assistance.
What You Will Learn
- How CMS and OIG approached electronic prescribing and EHR adoption through federal exceptions and safe harbors
- Which provider relationships are generally contemplated by the article
- What broad compliance themes apply to donation arrangements involving technology and related services
- Why written documentation and timing considerations are important in this context
- What general risk-management concerns the article raises for providers and practices
Who Should Read This
- Physicians
- Physician group practices
- Hospitals
- Health care networks
- Health care compliance professionals
- Health care attorneys
- Practice administrators
Subscribe or sign in to view the full article.
Quick, Current, Complete - www.findacode.com