Proposed rule offers MU flexibility

The federal government appears to have finally heard the calls for mercy regarding the timeline of the Meaningful Use program. A new proposed rule would provide eligible professionals, eligible hospitals and critical access hospitals more flexibility in how they use certified EHR technology (CEHRT) to meet the program's requirements.

The proposed rule, from the Centers for Medicare & Medicaid Services (CMS) and the Office of the National Coordinator for Health IT (ONC), would let providers use the 2011 Edition CEHRT or a combination of 2011 and 2014 Edition CEHRT for the EHR reporting period in 2014 for the Medicare and Medicaid EHR Incentive Programs. 

EHR products were certified later than anticipated, making it difficult for providers to fully implement the 2014 Edition CEHRT, explained the proposed rule.

Beginning in 2015, all eligible hospitals and professionals would still be required to report using 2014 Edition CEHRT. Since the Medicare and Medicaid EHR Incentive Programs began in 2011, more than 370,000 hospitals and professionals nationwide have received an incentive payment.

“We have seen tremendous participation in the EHR Incentive Programs since they began,” said CMS Administrator Marilyn Tavenner, in a release. “By extending Stage 2, we are being receptive to stakeholder feedback to ensure providers can continue to meet Meaningful Use and keep momentum moving forward.”

The proposed rule also includes a provision that would formalize CMS and ONC’s previously stated intention to extend Stage 2 through 2016 and begin Stage 3 in 2017. These proposed changes would address concerns raised by stakeholders and will encourage the continued adoption of CEHRT. “We are proposing this change for 2014 only," the rule reads. "We will maintain the existing policy that all providers must use 2014 Edition CEHRT for the EHR reporting periods in CY 2015, FY 2015, and in subsequent years or until new certification requirements are adopted in subsequent rulemaking.” 

“Increasing the adoption of EHRs is key to improving the nation’s healthcare system and the steps we are taking today will give new options to those who, through no fault of their own, have been unable to get the new 2014 Edition technology, including those at high risk, such as smaller providers and rural hospitals,” said Karen DeSalvo, MD, MPH, MSc, national coordinator for health IT. 

The College of Healthcare Information Management Executives (CHIME) is one group that welcomes the announcement, issuing a statement that while the proposed changes are complex, the organization believes the adjustments will ensure broad program participation and will enable providers to continue their MU journey. 

“If the government acts quickly to finalize the proposed rule, it will provide the flexibility needed for our members and their organizations to adequately optimize newly deployed technology and ensure success of the program,” said CHIME President and CEO Russell P. Branzell, CHCIO.

CHIME is, however, concerned that the timing of these changes may not afford hospitals a chance to take advantage of the proposed flexibility. Given the late date of this announcement, it is imperative that CMS and ONC take tangible steps as quickly as possible to finalize this rule to ensure the maximum positive impact for eligible hospitals and critical access hospitals, which are nearing their final reporting period, beginning July 1.