Meaningful Use EP Hardship Exception Deadline – July 1, 2014

June 12, 2014 By Leave a Comment

Not able to meet meaningful use this year?  You may qualify for a hardship exception.  Eligible professionals that qualify for certain hardship exceptions can avoid the meaningful use payment adjustments in 2015 by submitting to CMS the 2015 Hardship Exception Application.  CMS has permitted the EPs to apply for a hardship exception based on the following reasons:

  • Infrastructure: Eligible professionals must demonstrate that they are in an area without sufficient internet access or face insurmountable barriers to obtaining infrastructure (e.g., lack of broadband).
  • New Eligible Professionals: Newly practicing eligible professionals who would not have had time to become meaningful users can apply for a 2-year limited exception to payment adjustments. Thus eligible professionals who begin practice in calendar year 2015 would receive an exception to the penalties in 2015 and 2016, but would have to begin demonstrating meaningful use in calendar year 2016 to avoid payment adjustments in 2017.
  • Unforeseen Circumstances: Examples may include a natural disaster or other unforeseeable barrier.
  • Patient Interaction: Lack of face-to-face or telemedicine interaction with patient or lack of follow-up need with patients.
  • Practice at Multiple Locations: Lack of control over availability of CEHRT for more than 50% of patient encounters.
  • 2014 EHR Vendor Issues: The eligible professional’s EHR vendor was unable to obtain 2014 certification or the eligible professional was unable to implement meaningful use due to 2014 EHR certification delays. (Note that CMS has published a proposed rule regarding lack of availability of 2014 CEHRT proposing to permit EPs in certain situations to attest to Stage 1, click here for further information).

– Payment Adjustments & Hardship Exceptions Tipsheet for Eligible Professionals.  This tip sheet further describes the payment adjustments and includes frequently asked questions.

The following categories of EPs do not have to apply for a hardship exception but will automatically be granted one based on their status with CMS:

  • New providers in their first year (both eligible professionals and eligible hospitals).
  • Eligible professionals who are hospital-based: a provider is considered hospital-based if he or she provides more than 90% of their covered professional services in either an inpatient (Place of Service 21) or emergency department (Place of Service 23) of a hospital.
  • Eligible professionals with certain PECOS specialties (Anesthesiology-05, Pathology-22, Diagnostic Radiology-30, Nuclear Medicine-36, Interventional Radiology-94).

Eligible professionals that have not participated in the EHR Incentive Program in the past have the option of avoiding the 2015 payment adjustment if they successfully attest to meaningful use by October 1, 2014.  Those eligible professionals that qualify for any of the above hardship exceptions and will not be able to attest to meaningful use by October 1, 2014 may still apply for a hardship exception, but must do so by July 1, 2014.

For more information about the EHR Incentive Programs and meaningful use please contact Elana Zana.

 

 

Filed Under: HITECH, Incentive Payments, Meaningful Use Tagged With: , , ,

Meaningful Use Exception Includes EHR Vendor Delays

March 11, 2014 By Leave a Comment

Following its announcement at HIMSS, CMS has published its hardship exception application for 2014 along with its new exception due to vendor delays.  The new exception permits eligible hospitals and eligible professionals to request an exception from the 2015/2016 payment adjustments due to 2014 EHR Vendor Issues.  Specifically, CMS now permits an exception due to the inability of the vendor to obtain 2014 certification or if the hospital or EP was unable to implement meaningful use due to 2014 EHR certification delays.  Along with filling out the EP or Hospital exception forms, those requesting the exception must submit a notification from the EHR vendor.

For EPs and hospitals who are demonstrating meaningful use for the first time, they may apply for this hardship exception to avoid the 2015 payment adjustments.  For those EPs and hospitals who have previously demonstrated meaningful use, they may use this hardship exception to avoid 2016 payment adjustments.

For hospitals, the hardship exception request for 2015 payment adjustments is due April 1, 2014.  For eligible professionals, the hardship exception request for 2015 payment adjustments is due July 1, 2014.  However, for those EPs that have not previously participated in the Medicare EHR Incentive Program they can submit attestation by October 1, 2014 and also avoid the payment adjustments.  CMS has also issued guidance for applying for the EHR Vendor hardship exception for EPs and hospitals.

For more information about the Medicare or Medicaid EHR Incentive Program or applying for these hardship exceptions please contact Elana Zana.

Filed Under: EHR, HITECH, Hospitals, Incentive Payments, Meaningful Use Tagged With: ,

Medicare EHR Incentive Program Deadline Extended

February 12, 2014 By Leave a Comment

CMS announced last week that it has extended the registration and attestation deadline for the Medicare EHR Incentive Programs to March 31, 2014 for eligible professionals.  This month long extension will aid eligible professionals in compiling their meaningful use data from 2013 and filling out the registration process (which can be time consuming).

In addition, CMS is offering to assist eligible hospitals who experienced difficulty with their attestation.  This assistance will allow eligible hospitals to submit their attestation retroactively to avoid the 2015 payment adjustment.  To do so, hospitals must contact CMS by March 15, 2014.  Eligible hospitals are instructed to contact CMS at EH2013Extension@Provider-Resources.com  no later than 11:59 PM EST on Marfch 15, 2014.

  1. Type “EH 2013 EXTENSION” in the subject line of the email note
  2. Include the following information:
    • CCN;
    • hospital name;
    • contact person name;
    • contact person email; and
    • contact person phone number.

CMS will then contact the designated individual to discuss the retroactive extension.

As a reminder, these extensions are for the Medicare EHR Incentive Program only, and do not apply to the Medicaid EHR Incentive Program.  In Washington, the deadline to apply for the Medicaid EHR Incentive Program remains February 28, 2014.

For more information about the EHR Incentive Programs or meaningful use generally please contact Elana Zana.

Filed Under: EHR, Health Information Technology, HITECH, Incentive Payments, Meaningful Use, Medicaid, Medicare Tagged With: ,

Washington Medicaid EHR Incentive Program Webinar

February 11, 2014 By Leave a Comment

The Washington State Health Care Authority announced that it will be hosting a webinar to aid in the registration for the Medicaid EHR Incentive Program.  This will help providers who are registering and attesting to both adopt, implement and upgrade and meaningful use.

Topics Include: Navigating the WA ST EHR Attestation Application-eMIPP (MU Stage 1)

  • Attestation
  • Navigating the eMIPP application
  • How to get paid correctly
  • Live Q & A after presentation

To register click here.

The state of Washington has also published helpful tools for registration, including user guides and state specific worksheets (for example the .95 multiplier).

These webinars are very informative and it is recommended that all first time applicants (and those applicants that need a refresher) attend.

Also, note that though the Medicare EHR Incentive Program has extended registration through March 31, 2014, the Washington Medicaid EHR Incentive Program requires registration and attestation by February 28, 2014.

For assistance with registration and attestation for the Medicare or Medicaid EHR Incentive Program please contact Elana Zana.

 

Filed Under: EHR, Health Information Technology, HITECH, Incentive Payments, Meaningful Use, Medicaid, Washington Tagged With: , ,

Meaningful Use Audits – Security Risk Analysis

December 13, 2013 By 1 Comment

‘Tis the season for Meaningful Use, the time of year when eligible professionals (EPs) and eligible hospitals (EHs) compile their data from the meaningful use measures and prepare for attestation.  It is also the season of meaningful use audits.  A lesson learned from recent audits: CMS means what it says – EPs and EHs must conduct a security risk analysis.  This measure is not one to be taken lightly – it’s a HIPAA requirement, and CMS auditors are on the lookout for documentation (remember, all documentation must be retained for 6 years).

Regardless of whether EPs or EHs are attesting to Stage 1 or Stage 2, or the fact that they performed a security risk analysis last year, this objective and measure must be fulfilled each year:

 

Stage 1

Stage 2
Objective. Protect electronic health information created or maintained by the certified EHR technology through the implementation of appropriate technical capabilities.Measure. Conduct or review a security risk analysis in accordance with the requirements under 45 CFR 164.308(a)(1) and implement security updates as necessary and correct identified security deficiencies as part of its risk management process. Objective. Protect electronic health information created or maintained by the Certified EHR Technology through the implementation of appropriate technical capabilities.Measure. Conduct or review a security risk analysis in accordance with the requirements under 45 CFR 164.308(a)(1), including addressing the encryption/security of data stored in Certified EHR Technology in accordance with requirements under 45 CFR 164.312(a)(2)(iv) and 45 CFR 164.306(d)(3), and implement security updates as necessary and correct identified security deficiencies as part of the EP’s risk management process.

The HIPAA requirement for a Security Risk Analysis pursuant to 45 CFR 164.308(a)(1) is as follows:

“Risk analysis (Required). Conduct an accurate and thorough assessment of the potential risks and vulnerabilities to the confidentiality, integrity, and availability of electronic protected health information held by the covered entity or business associate.”

CMS Meaningful Use audits have specifically called out this objective and measure and are requiring participants to prove that a Security Risk Analysis has actually occurred.  Though the HIPAA Security Officer should have conducted a security risk analysis for the entire practice/hospital, EPs and EHs should maintain a copy of this assessment with their meaningful use documentation and should review the assessment to make sure that the risk analysis complies with the meaningful use requirements (note: the Stage 2 requirements are significantly broader).

Below is the audit question that was sent to some Stage 1 EPs:

“Provide proof that a security risk analysis of Certified EHR Technology was performed prior to the end of the reporting period (i.e. report which documents the procedures performed during the analysis and the results of the analysis).  If deficiencies are identified in this analysis, please supply the implementation plan; this plan should include the completion dates.”

Note that the audit request indicates that further documentation is needed to satisfy the auditors.  EPs must show the implementation plan and the completion dates.  As per the measure itself, the requirement is not merely to conduct a security risk analysis, but the EPs and EHs must implement security updates and correct security deficiencies.  EPs and EHs should document these steps as well in order to appropriately respond to an audit request.

CMS has recently issued a new tip sheet to assist EPs and EHs in fulfilling the security risk analysis requirement.  In addition ONC has published guidance on HIPAA Security Risk Analysis requirements.  The CMS tip sheet includes some common myths surrounding risk analysis such as:

  • “I only need to do a risk analysis once.”

False. To comply with HIPAA, you must continue to review, correct or modify, and update security protections.

  • “My EHR vendor took care of everything I need to do about privacy and security.”

False. Your EHR vendor may be able to provide information, assistance, and training on the privacy and security aspects of the EHR product. However, EHR vendors are not responsible for making their products compliant with HIPAA Privacy and Security Rules. It is solely your responsibility to have a complete risk analysis conducted.

  • “The security risk analysis is optional for small providers.”

False. All providers who are “covered entities” under HIPAA are required to perform a risk analysis. In addition, all providers who want to receive EHR incentive payments must conduct a risk analysis.

  • “Simply installing a certified EHR fulfills the security risk analysis MU requirement.”

False. Even with a certified EHR, you must perform a full security risk analysis. Security requirements address all electronic protected health information you maintain, not just what is in your EHR.

Responding to a Meaningful Use audit can be time consuming and very detailed oriented — thus, maintaining the appropriate documentation is essential.  For assistance with Meaningful Use or HIPAA security risk assessments, please contact Elana Zana.

Filed Under: EHR, HIPAA, HITECH, Hospitals, Incentive Payments, Meaningful Use Tagged With: , , ,

EHR Incentive Program Timeline Tool

March 4, 2013 By Leave a Comment

CMS has recently launched a new tool which enables eligible professionals to determine which year they should meet each stage of meaningful use and the amount of incentive dollars available for the eligible professional.  This tool is useful in light of the changes to the EHR Incentive Program timeline made in the Stage 2 Final Rules.  The tool is applicable for eligible professionals applying for either the Medicare or Medicaid EHR Incentive Program.  To access the tool click here.

If you have questions regarding the EHR Incentive Program please contact Elana Zana.

Filed Under: HITECH, Incentive Payments, Meaningful Use Tagged With: , ,

CMS Posts Meaningful Use Stage 2 Specification Sheets

November 19, 2012 By Leave a Comment

Looking for more detail on the Meaningful Use Stage 2 requirements?  CMS has conveniently created specification sheets for each Meaningful Use measure.  These sheets explain in detail each numerator and denominator eligible professionals and hospitals much achieve to be eligible for the EHR Incentive Payments.  The sheets also contain the certification and standards criteria issued from the Office of the National Coordinator.

For Eligible Professionals click here.

For Eligible Hospitals and Critical Access Hospitals click here.

For assistance with the EHR Incentive Programs and meaningful use in general please contact Elana Zana.

Filed Under: Critical Access Hospital, HITECH, Incentive Payments, Meaningful Use, Medicaid, Medicare Tagged With: , ,

Comparison of Stage 1 vs Stage 2 Meaningful Use

September 7, 2012 By Leave a Comment

Sifting through the hundreds of pages of new rules can be overwhelming.  Luckily, CMS has provided comparison charts to help navigate the meaningful use changes coming our way with Stage 2.  Along with the new rules, CMS clarified that the earliest Stage 2 meaningful use is effective is fiscal year 2014 for hospitals and calendar year 2014 for eligible professionals (more on 2014 to come in future posts).

Click on the links below to see the comparison charts:

Stage 2 Meaningful Use – Eligible Professionals: 17 core objectives, 3 of 6 menu objectives, 9 of 64 clinical quality measures.

Stage 2 Meaningful Use – Hospitals & CAHs: 16 core objectives, 3 of 6 menu objectives, 16 of 29 clinical quality measures.

For more information about meaningful use and the EHR Incentive Programs please contact Elana Zana.

Filed Under: Critical Access Hospital, HITECH, Incentive Payments, Meaningful Use, Medicaid, Medicare Tagged With: , ,

Washington State EHR Incentive Program Seminars

April 10, 2012 By Leave a Comment

The Washington State Health Care Authority has announced a traveling seminar on calculating and registering for the Medicaid EHR Incentive Program.  The seminar is aimed at group registration and defining the group proxy methodology to calculate patient volume.

The seminars are as follows:

May 1: Wenatchee
May 3: Spokane
May 8: Yakima
May 16: Seattle
May 17: Mt. Vernon
May 22: Silverdale
May 24: Olympia

To register click here (the link will take you to the Seattle registration, scroll down on that page for other registration links).

 

Filed Under: HITECH, Incentive Payments, Washington Tagged With: