Federal HIT

The move to EHRs was bolstered when Congress included specific funds for health information technology in the American Recovery and Reinvestment Act passed in 2009. The federal stimulus package included a reimbursement incentive for physician and hospital providers who are successful in becoming “meaningful users” of electronic health records (EHR). These incentive payments begin in 2011 and gradually phase down. Starting in 2015, providers are expected to have adopted and be actively using an EHR in compliance with the “meaningful use” definition or they will be subject to financial penalties under Medicare and Medicaid.

The comment period on the proposed rule defining “meaningful use” of certified EHR technology ended on March 15, 2010.  The rule proposed an aggressive timeframe for achieving specific benchmarks over a three-year period. Hospitals have requested a longer phase-in period to achieve full compliance as well as modification of provisions regarding hospital-based physicians. The final criteria for determining certification of EHR technology have not been issued.

The Health Insurance Portability and Accountability Act of 1996 has been amended to ensure the establishment of uniform standards and requirements for electronic transmission of health information and to reduce the clerical burden on patients, health care providers and health plans. The U.S. Department of Health and Human Services will adopt a single set of operating rules for each HIT transaction with the goal of creating as much uniformity in electronic standards as possible. Rules must be adopted by July 1, 2011, and effective by Jan. 1, 2013.