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Meaningful Use Final Rules

The Health Information Technology for Economic and Clinical Health (HITECH) Act, part of the American Recovery and Reinvestment Act (ARRA) signed into law by President Barrack Obama in February 2009, provides federal incentive payments to eligible professionals and hospitals for "meaningful use" of electronic health records.

The HITECH Act governed by The Centers for Medicare and Medicaid Services (CMS) provides reimbursement payments to eligible professionals who demonstrate the "meaningful use" of certified Electronic Health Record technology and use it to achieve specified objectives. The incentive payments range from as much as $44,000 to $63,750 for Medicare and Medicaid (respectively) per eligible professional, over a five year period beginning in 2011.

The criteria to receive reimbursement have been much debated. On July 13, 2010, CMS and the Office of the National Coordinator for Health Information Technology announced the Final Rules for Meaningful Use under the HITECH Stimulus Program, giving physicians and hospitals the information needed to receive reimbursement.

Two final rules were announced. First, CMS defined the minimum requirements that providers must meet through their use of certified HER technology in order to qualify for the payments. These requirements were reduced from 25 (23 for hospitals), to a "core" group of 15 mandatory requirements plus a "menu" of additional procedures from which providers may choose. Dr. David Blumenthal, National Coordinator for Health Information Technology, in a press conference convened by U.S. Department of Health and Human Services Secretary Kathleen Sebelius, explained that "the final rule identifies 15 criteria that must be met by eligible professionals and 14 for hospitals. In addition there are 10 "a la carte" criteria. From these 10 eligible professionals and hospitals can choose five to become meaningful users. This two track approach was designed to make sure that the basic elements of meaningful EHR would be met by all providers qualifying for incentive payments - while giving latitude in other areas to reflect providers’ needs".

The other final rule announced by ONC was the certification criteria and standards for certification of EHR technology.

EHR Incentive Program Timeline