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Reminder: 2016 is last year to start Medi-Cal EHR Incentive Program

The Medicaid Electronic Health Record (EHR) Incentive Program provides funding to Medicaid (Medi-Cal in California) providers and hospitals to adopt, implement, upgrade and make meaningful use of certified EHR technology. Eligible providers should be aware that 2016 is the last year that eligible providers can sign up for the program.

Since the program began in 2011, more than 20,000 Medi-Cal professionals have qualified, receiving more than $500 million in incentive payments.

Professionals can individually receive up to $63,750 in incentive payments over six years, with the largest payment of $21,250 in the first year for signing a contract or other binding agreement to acquire certified EHR technology. The EHR does not have to be installed in the first year to receive this payment, and the payment does not have to be returned if the professional does not subsequently demonstrate meaningful use of the EHR. Professionals who subsequently demonstrate meaningful use of the EHR receive $8,500 yearly for up to five years.

The program is open to physicians, dentists, optometrists, nurse practitioners, certified nurse midwives and physician assistants (who work in Federally Qualified Health Centers or Rural Health Clinics) who can demonstrate that 30 percent or more of their or their group’s encounters or panel patients during a 90-day period in the previous calendar year can be attributed to Medi-Cal patients. Pediatricians, however, can qualify with a 20 percent Medi-Cal patient volume. (Pediatricians with 20 to 29 percent Medi-Cal patient volume will only qualify for two-thirds of the total incentive.) Many professionals do not need to supply encounter or patient information because the California Department of Health Care Services (DHCS) is able to “prequalify” them using state databases.

Deadline to start the program

This year—2016—is the last year to start the program. Those who have not received at least one incentive payment by the 2016 program year won’t be able to receive any EHR incentive program payments in the future.

DHCS urges all professionals who have not yet participated, but who may be eligible, to submit an application as soon as possible. New applications are being accepted now and the final deadline for new applications is March 31, 2017. As part of this application, professionals must submit proof of a contract or other binding agreement for certified EHR technology, signed before or on the date of application.

The website for submitting an application, the State Level Registry, can be accessed at http://medi-cal.ehr.ca.gov. There you will also find detailed information about the program and how professionals can obtain assistance and certified electronic health records.

AMA asks feds to decouple EHR certification from meaningful use

The American Medical Association (AMA) has sent a letter to the National Coordinator for Health Information Technology, Karen B. DeSalvo, M.D., urging that the certification of electronic health records (EHR) be decoupled from meaningful use certification requirements. “Unfortunately, we believe the meaningful use certification requirements are contributing to EHR system problems, and we are worried about the downstream effects on patient safety,” the letter said.

“Many physicians find these systems cumbersome, do not meet their workflow needs, decrease efficiency, and have a limited, if any, interoperability,” the letter said. “”Most importantly, certified EHR technology can present safety concerns for patients.”

AMA believes there is an urgent need to change the current certification program to better align end-to-end testing to focus on EHR usability, interoperability, and safety..

AMA suggested seven changes to the EHR certification. In addition to decoupling EHR certification from the meaningful use program, AMA is also urging the U.S. Department of Health and Human Services to reconsider alternative software testing methods; establish greater transparency and uniformity on user centered design testing and process results; incorporate exception handling into EHR certification; develop consolidated clinical document architecture guidance and tests to support exchange; seek further stakeholder feedback; and increase education on EHR implementation.

“Ensuring patient safety is a joint responsibility between the physician and technology vendor and requires appropriate safety measures at each stage of development and implementation,” the letter stated. Physicians, software developers and vendors have reported to the AMA that meaningful use certification has become the priority in health information technology design at the expense of meeting physicians’ needs, patient safety and product innovation.

“While training is a key factor, the safe use of any tool originates from its inherent design and the iterative testing processes used to identify issues and safety concerns. Ultimately, physicians must have confidence in the devices used in their practices to manage patient care,” the letter said.

The letter was also signed by 35 medical societies and specialty societies.

Click here to read the full letter.

New CMS rule changes meaningful use timeline

The Centers for Medicare and Medicaid Services (CMS) published a new final rule on September 4, 2014, that would provide eligible professionals participating in the Medicare and Medi-Cal electronic health record (EHR) incentive program an additional year to upgrade their certified electronic health record technology (CEHRT). The rule also revises the meaningful use timeline.

Under the new rule, eligible professionals can use 2011 Edition CEHRT or a combination of 2011 and 2014 Edition CEHRT for the 2014 EHR reporting period to demonstrate meaningful use. Eligible professionals who were scheduled to begin stage 2 in 2014 will not be required to begin stage 2 until 2015, if they could not fully implement 2014 Edition CEHRT due to delays in availability of 2014 Edition CEHRT for the 2014 reporting period. The rule also pushes the beginning of stage 3 to 2017.

CMS, however, emphasizes that beginning in 2015, all providers will be required to report using 2014 Edition CEHRT to successfully demonstrate meaningful use.

Click here for more information on which CEHRT systems eligible providers should use in 2014 under the final rule. This document also contains a chart demonstrating the revised stages of meaningful use by first payment year.

For more information on the federal EHR incentive program and meaningful use, see CMA On-Call documents #4301 "Electronic Health Records: Federal Incentive Program," #4302 "Meaningful Use of Electronic Health Records," and #4305 "EHR Meaningful Use: Stage 2."

These and other documents are available free to members in CMA's online health law library at http://www.cmanet.org/cma-on-call.Nonmembers can purchase documents for $2/page.

Contact: CMA's member help line, (800) 786-4262 or memberservice@cmanet.org.

 

Deadline to submit meaningful use hardship exception is July 1

Beginning January 1, 2015, Medicare physicians who have not successfully attested to meaningful use of a certified electronic health record (EHR) system may incur payment penalties, as mandated by the Health Information Technology for Economic and Clinical Health (HITECH) Act. These payment adjustments will be 1-2 percent of total Medicare charges in 2015, to 2 percent in 2016 and 3-5 percent in 2017 and beyond.

The 2015 penalties are based on 2013 reporting data. Physicians who failed to successfully demonstrate meaningful use in 2013 can apply for a hardship exception to avoid the upcoming Medicare payment adjustment for 2015. Hardship exception applications must include supporting documentation that proves that demonstrating meaningful use would be a significant hardship for the physician. The deadline to submit a hardship exception application for 2015 is midnight Eastern time on July 1, 2014.

The Centers for Medicare Services (CMS) will review applications to determine whether or not you will be granted a hardship exception. If approved, the exception is valid for one year.

Eligible professionals can apply for hardship exceptions in the following categories:

  • Infrastructure: Eligible professionals must demonstrate that they are in an area without sufficient internet access or face insurmountable barriers to obtaining infrastructure (e.g., lack of broadband).
  • New Eligible Professionals: Newly practicing eligible professionals who would not have had time to become meaningful users can apply for a 2-year limited exception to payment adjustments.
  • Unforeseen Circumstances: Examples may include a natural disaster or other unforeseeable barrier.
  • Patient Interaction:

          Lack of face-to-face or telemedicine interaction with patient 
          Lack of follow-up need with patients

CMS has posted hardship exception applications on the EHR website at www.cms.gov/ehrincentiveprograms. CMS has also published a hardship exception tip sheet for physicians.

For more information on the federal EHR incentive program and meaningful use, see CMA On-Call documents #4301 "Electronic Health Records: Federal Incentive Program," #4302 "Meaningful Use of EHRs: Stage 1," and #4305 "Meaningful Use of EHRs: Stage 2."