HHS releases final 'safe harbors' rules for health IT

The U.S. Department of Health and Human Services (HHS) yesterday released final regulations expected to make it easier for physicians to adopt electronic health records (EHR) technology.

On August 1 the department's Centers for Medicare and Medicaid Services (CMS) and the Office of the Inspector General (OIG) published final rules that create new exceptions and "safe harbors" to two important federal fraud and abuse laws for arrangements involving the donation of electronic health information technology and services.

The CMS rule creates two new exceptions to the federal law banning physician self-referral, while the OIG rule establishes two new safe harbors under the federal antikickback statute, according to HHS. Both rules finalize an exception and safe harbor for providing healthcare IT that is more expansive than that originally proposed by CMS and OIG on October 11, 2005.

The new rules cover the conditions under which designated health services and other entities may donate interoperable electronic health records software, information technology, and training services. They also cover the conditions under which hospitals may provide physicians with hardware, software, or information technology and training services for electronic prescribing.

The rules for EHR donation include a cost-sharing requirement in which recipients are asked to pay 15% of the cost of the technology and services. Both rules will expire on December 31, 2013.

By AuntMinnie.com staff writers
August 2, 2006

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Practices that embrace EHR security regulations inspire patient confidence, July 14, 2006

Health IT bill moves forward in U.S. Congress, May 25, 2006

U.S. Senate committee moves on health information technology, July 21, 2005

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