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Frequently Asked Questions: HIT Provisions 
for Health Care Providers
(Title IV, pp.353-382)

How will the ARRA affect health care providers?

Can physicians receive both Medicare and Medicaid incentive payments?

How do health care providers qualify for the EHR incentive payments?

Will the EHR meaningful use requirements remain the same throughout the funding period?

What is a certified EHR technology and is there a listing of qualified EHRs?

Is there any financial assistance available for providers to purchase and implement EHRs?


Answers

How will the ARRA affect health care providers?
The ARRA provision that will have the greatest affect on health care providers will be incentive payments for health care providers (i.e., hospitals and physicians/eligible professionals) for the meaningful use of certified electronic health records (EHR). The Medicare and Medicaid programs will make these payments directly to providers. Providers must establish meaningful EHR use before they can receive any Medicare incentive payments. Recipients of Medicaid incentives will have 1 year to achieve meaningful use after receiving the first incentive payment. By 2015, Medicare providers that are not meaningful EHR users will have their Medicare reimbursement rate decreased by 1% per year up to a potential maximum penalty of 5%.

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Can health care providers receive both Medicare and Medicaid incentive payments?
Eligible hospitals can receive both Medicare and Medicaid incentive payments. However, individual eligible professionals cannot receive incentive payments from both Medicare and Medicaid. They must choose whether to receive incentive payments from Medicare or Medicaid, and this choice will most likely depend on their Medicare and Medicid patient volume.

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How do health care providers qualify for the EHR incentive payments?
A health care provider (eligible professional or hospital) must be a meaningful user of an EHR to qualify for the incentive payments. "Meaningful use" is generally defined in the legislation. Health care providers must:

  • Use a certified EHR technology in a meaningful manner which includes the use of electronic prescribing;
  • Demonstrate the EHR technology is connected in a manner that provides for the electronic exchange of health information to improve quality of care, such as promoting care coordination. This electronic exchange must be in accordance with the aw and standards applicable to the exchange of health information; and
  • Use the EHR technology to submit clinical quality measures and other such measures to Centers for Medicare and Medicaid Services (CMS) in a manner and form specified by the HHS Secretary.

The HHS Secretary, through the Office of the National Coordinator (ONC) for Health IT, will determine the exact criteria for meaningful use and this process is currently underway and the certification criteria and standards are expected to be communicated by December 31, 2009.

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Will the EHR meaningful use requirements remain the same throughout the funding period?
This is yet to be determined. Indications are that the meaningful use requirements will become more stringent near the mid-point of the funding period. The specifics will be determined during the regulatory process currently underway.

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What is a certified EHR technology and is there a listing of qualified EHRs?
A certified EHR technology is one that meet standards pursuant to the ARRA and includes patient demographic and clinical health information, such as medical history and problem lists; and has the capacity to provide clinical decision support to support physician order entry, to capture and query information relevant to health care quality, and to exchange electronic health information with, and integrate such information from, other sources. There is not a list of qualified EHRs at this time. The Certification Commission for Health Information Technology (CCHIT) is currently the only recognized certifying body but it is not named or designated in the legislation. A listing of current CCHIT certified products can be found at http://www.cchit.org/choose/index.asp

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Is there any financial assistance available for providers to purchase and implement EHRs?
There is a provision in the ARRA for state loan programs to provide funding to providers to adopt and implement EHRs in advance of the incentive payments. The loans could be made to health care providers to facilitate the purchase of certified EHR technology, to upgrade existing EHR technology, to train personnel in the use of such technology, and/or to improve the secure electronic exchange of health information. At this time, we do not know if or when this funding would be available from the federal government.

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Last Revised: July 12, 2010