Washington Debrief: ONC Launches Planning Room for Consumer eHealth Feedback

CHIME to HHS: Extend and Expand Safe Harbor Provisions for EHRs In a letter submitted to CMS Acting Administrator Marilyn Tavenner this week, CHIME outlined a rational for extending Stark and Anti-kickback exemption provisions due to sunset at the end of this year.  Created in 2006, two new safe harbors to the Anti-Kickback Statute permitted the donation of health IT and related services for the purposes of improving electronic prescribing and electronic health record capabilities.  Provisions also address the interoperability of donated software.  CHIME believes these rules have encouraged the adoption of EHRs by addressing the upfront costs associated with the purchase of EHRs, particularly for small, independent, unaffiliated physician practices.  Further, we believe they play an important role in new accountable care organizations being organized around the country.  “CHIME recommends making Donation Rules permanent and aligning these rules with processes and timetables established under the EHR Incentive Payments program,” the letter said.  But CHIME also said that there remains a need to further accelerate and encourage progress using the tools of health IT to improve the quality and effectiveness of patient care.  “For example, as accountable care organizations (ACOs) and other value-based payment programs further drive physician integration, CHIME believes that hospitals need the ability to provide integrated portals, EHRs and health information exchanges, among other tools to facilitate exchange.”  For this reason, CHIME further recommend that software “inherent to the certified EHR or specifically separate – yet interoperable – with the EHR should be covered by Donation Rules.”

CHIME Public Policy will continue to monitor progress on extending and expanding provisions of Stark and Anti-kickback exemptions.

Edited by Gabriel Perna