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Important information about 2016 and 2017 Medi-Cal EHR incentive program attestations, including delays for groups

The California Department of Health Care Services (DHCS) has extended the attestation deadline for the Medi-Cal electronic health record (EHR) incentive program reporting for the 2016 program year. The deadline has been pushed to May 23, 2017. After that date, DHCS will only accept 2017 attestations. Eligible providers should be aware that 2016 is the last year that they can sign up for the program. Providers who have not received at least one incentive payment by the end of the 2016 reporting year won’t be able to receive any EHR incentive program payments in the future.

As a result of 2016 program year extension, attestations for 2017 will not be accepted until after 2016 reporting closes on May 23, 2017, at 6 p.m. 

Group administrators should, however, be aware that while the State Level Registry (SLR) does currently allow groups to enter membership for the 2017 program year, DHCS strongly advises against doing so until the 2016 program year closes for two reasons:

  1. If a group needs to reopen its 2016 attestation for any reason (for example, to add providers) the SLR will require that the 2017 attestation also be reopened, resulting in a great deal of work and data reentry for the group administrator and SLR staff.
  2. Group administrators will not be able to enter a 90-day representative period for 2017 using the “last 12 months” option until May 23, 2017, when new code is deployed for 2017 attestations.

DHCS also strongly recommends that groups delay submission of their 2017 attestations until most of their provider attestations have been reviewed and approved for 2016, so that they are relatively certain that it will not be necessary to reopen their 2016 group attestation.

Click here for more information about Medi-Cal EHR incentive program reporting.

Contact: Medi-Cal.EHR@dhcs.ca.gov or (916) 552-9181.



DHCS extends reporting deadline for 2016 Medi-Cal meaningful use

The California Department of Health Care Services (DHCS) has announced that it will extend the deadline for Medi-Cal meaningful use reporting for the 2016 program year. The deadline has been pushed back one month to May 2, 2017. After that date, DHCS will only accept 2017 attestations.

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. Providers who have not received at least one incentive payment by the end of the 2016 reporting year won’t be able to receive any EHR incentive program payments in the future.

DHCS's announcement comes a week after the Centers for Medicare and Medicaid Services also extended its 2016 reporting deadline for Medicare meaningful use.

A few other reporting changes were also announced for 2017. DHCS will only accept meaningful use reporting for Stage 2 this year and all clinicians can report Stage 2 no matter how many times they have submitted Stage 2 attestations in the past.

Providers will also have the option to report Stage 3 meaningful use beginning October 24, 2017. Providers who have previously attested to meaningful use will be required to use a full year reporting period for clinical quality measures in 2017. Providers who have never attested to meaningful will be able to able to use 90-day reporting periods.

Click here for more information about Medi-Cal meaningful use reporting.

Meaningful use reporting deadline pushed back two weeks to March 13

The Centers for Medicare & Medicaid Services (CMS) on Monday announced that physicians would have two additional weeks to register and attest to meaningful use for 2016 and avoid the 2018 penalty. Physicians now have until Monday, March 13, to attest for the 2016 reporting year. Two weeks ago, hospitals also received a similar reprieve.

Physicians should note that CMS is only extending the attestation period, not the reporting period, so physicians must have concluded their reporting by December 31, 2016.

Although the Medicare meaningful use program is being phased out this year, physicians are still required to report meaningful use measures for 2016 to avoid a 3 percent Medicare penalty in 2018. According to CMS, approximately 171,000 physicians are expected to be penalized this year because they didn't attest to meaningful use for 2015.

Medicare meaningful use reporting will end in 2017, with eligible clinicians who do not participate in the new advanced alternative payment models transitioning to Medicare's new Merit-Based Incentive Payment System (MIPS).

To attest, providers should submit their data through the CMS registration and attestation system. Physicians may select an EHR reporting period of any continuous 90 days from January 1, 2016, through December 31, 2016.

CMA recommends that physicians attest during off-peak hours, such as evenings and weekends, to speed up the attestation process. Physicians are also urged to take time now to ensure that their Medicare enrollment information is up-to-date before entering their 2016 attestation data. Review the CMS Registration and Attestation Resources Page for other tips to success.

Please note the deadline referenced above only applies to the Medicare EHR program, not the Medicaid (Medi-Cal in California) program. For more details on the Medi-Cal program and deadlines, see http://medi-cal.ehr.ca.gov.

CMS erroneously warns some physicians of 2017 meaningful use penalties

Providers who attested to meaningful use with the Medi-Cal Electronic Health Record (EHR) Incentive Program for program year 2015 are exempt from Medicare payment adjustments in 2017.  Because the California Department of Health Services pushed back the deadline to submit meaningful use applications for the 2015 program year to December 13, 2016, the agency was not able to send information to the Centers for Medicare and Medicaid Services (CMS) regarding 2015 Medi-Cal meaningful use attestations until late in December 2016.  For this reason, some Medi-Cal providers are now erroneously receiving letters from CMS warning that they are subject to Medicare payment adjustments in 2017.

These letters offer providers the option of filling out and sending in a “reconsideration form” to CMS to avoid the payment adjustments. DHCS has received assurance from CMS that all providers who attested to meaningful use with the Medi-Cal EHR Incentive Program for 2015, even as late as December 13, 2016, will not be subject to Medicare payment adjustments in 2017.

Submission of the reconsideration form should not be necessary because CMS has now removed the names of all providers who had attested to meaningful use for 2015 with the Medi-Cal EHR Incentive Program from the list of providers subject to payment adjustments in 2017. While a reconsideration form is not required, if you have already filed a reconsideration form, no further action is necessary.

Because no Medicare payments for 2017 dates of service were paid before CMS updated its records with California’s 2015 attestation data, no 2017 payments were affected by the error.

If you think you received a notice of 2017 payment adjustment in error, you can check the list of providers who attested to meaningful use in 2015 on the DHCS website.  

Any additional questions can be directed to medi-cal.ehr@dhcs.ca.gov.

Reminder: CMS meaningful use hardship exception deadline is July 1

Physicians should be aware that July 1, 2016, is the extended deadline for physicians to file hardship exception applications from the electronic health record incentive program meaningful use requirements.

In mid-December 2015, Congress adopted a last-minute bill that gave the Centers for Medicare and Medicaid Services (CMS) the authority to grant a blanket exception for all eligible physicians who applied for an exception from the 2015 meaningful use penalties.

CMS reports the extension is being granted “so providers have sufficient time to submit their applications to avoid adjustments to their Medicare payments in 2017."

CMS also released new “streamlined” hardship exception application forms “that reduce the amount of information that eligible professionals must submit to apply for an exception,” the agency said. The new application forms and instructions on filing a hardship exemption are on the CMS website.

To help physician members navigate the hardship exemptions process, the California Medical Association (CMA) has published “Meaningful Use Hardship Exception Frequently Asked Questions.” This document answers questions about the blanket exemption, including who should apply, deadlines and more.

This free members-only resource is available in CMA's online resource library.

Deadline to file for meaningful use hardship exemption is March 15

In mid-December, Congress adopted a last-minute bill that gives CMS the authority to grant a blanket exemption for all eligible physicians who apply for the exemption from the 2015 meaningful use penalties. This action prevents the Centers for Medicare and Medicaid Services (CMS) from implementing Medicare payment penalties for physicians who fail to demonstrate meaningful use of a certified electronic health record (EHR) system in 2015.

New rules released last year state that eligible professionals must attest that they met the requirements for stage 2 meaningful use for a period of 90 consecutive days during calendar year 2015. However, CMS did not publish the updated regulations for stage 2 meaningful use until October 16, 2015. As a result, eligible professionals were not able to report until fewer than the 90 required days remained in the calendar year.

CMS had previously stated that it would grant hardship exemptions for 2015 if providers were unable to attest due to the late publishing of the rule, but law at that time only authorized it to grant such exemptions on a case-by-case basis. This new law grants CMS the authority to make an automatic exemption IF it receives a hardship exemption application. It also streamlines the exemption process, alleviating burdensome administrative issues for both physicians and the agency.

Under the new law, physicians are still required to file for a hardship exemption to avoid a payment adjustment for 2015 no later than March 15, 2016.  CMA has just published a new resource titled, "Meaningful Use Hardship Exception Frequently Asked Questions" available FREE for CMA members at www.cmanet.org/ces (top of the page) and is also available in the CMA resource library. The resource is not available to non-members.

Physicians are urged to preemptively file for a 2015 hardship exception to avoid penalties in 2017. Physicians are encouraged to apply even if they are uncertain whether they will meet the program requirements this year. CMS has stated that it will broadly accept hardship exemptions because of the delayed publication of the program regulations. Applying for the hardship will not prevent a physician from earning an incentive; it simply protects a physician from receiving a meaningful use penalty. Therefore, physicians who believe that they met the meaningful use requirements for the 2015 reporting period should still apply for the hardship protection. Note that the program operates on a two-year look-back period, meaning that physicians who are granted an exception for the 2015 program will avoid a financial penalty for 2017.

The application is available on the CMS website and can be downloaded by clicking here. Physicians are encouraged to apply for a hardship under the “EHR Certification/Vendor Issues (CEHRT Issues)” category (option 2.2.d in the application). The American Medical Association (AMA) has published a fact sheet that includes step-by-step instructions on how to apply for the hardship exemption.

The deadlines for submitting applications for hardship exceptions are:

  • Eligible physicians: March 15, 2016
  • Eligible hospitals: April 1, 2016
CMA and AMA worked frantically the last few weeks of 2015 to get the bill passed authorizing this blanket exemption. CMA extends a huge thank you to Majority Leader Kevin McCarthy (R-CA) and Minority Leader Nancy Pelosi (D-CA) for agreeing to keep the House in session and pass the bill on unanimous consent.

For more information on the EHR incentive program, see the CMS tipsheet, "EHR Incentive Programs for Eligible Professionals: What You Need to Know for 2015."

DHCS urges providers to attest for Medi-Cal meaningful use before December 14

The California Department of Health Care Services (DHCS) announced yesterday that after December 14, 2015, it may be required to stop accepting new Medi-Cal meaningful use attestations due to changes in the federal regulations governing the Medi-Cal Electronic Health Records Incentive Program. It is urging all newly attesting Medi-Cal providers to file before December 14, 2015.

DHCS said it might be required by the Centers for Medicare and Medicaid Services to stop accepting meaningful use attestations from professionals and hospitals; it is unclear when meaningful use attestations would be reopened.

This applies to all professionals and hospitals attesting for the first time in 2015 who are scheduled to report on a 90-day reporting period.

According to DHCS, attestations to adopt, implement or upgrade will continue to be accepted after December 14, 2015. For more information, click here.

Contact: DHCS at (916) 552-9181 or Medi-Cal.EHR@dhcs.ca.gov.

Physicians urged to preemptively file for meaningful use hardship exemptions

Because of a delay in the publication of regulations governing the Medicare meaningful use program, physicians are being urged to preemptively file for a 2015 hardship exemption to avoid penalties in 2016.

Physicians should apply for an exemption under the “extreme and uncontrollable circumstances” category, even if they are uncertain whether they will meet the program requirements this year. Doing so will not preclude physicians from receiving an incentive if they do meet meaningful use requirements, but applying can serve as a safety net in staving off a penalty.

In order to avoid a penalty under the meaningful use program, eligible professionals must attest that they met the requirements for meaningful use stage 2 for a period of 90 consecutive days during calendar year 2015. Unfortunately, however, the Centers for Medicare and Medicaid Services (CMS) did not publish the updated regulations for stage 2 meaningful use until October 16, 2015. As a result, eligible professionals were not informed of the revised program requirements until fewer than the 90 required days remained in the calendar year.

CMS has stated that it will grant hardship exemptions for 2015 if eligible providers are unable to attest due to the late publishing of the rule. However, under current law, CMS can only grant such exemptions on a case-by-case basis. This means that many eligible professions will be required to apply for exemptions and that CMS will have to act on each application individually. CMS has approved over 85 percent of hardship exemptions in the past.

Hardship applications will be available in early 2016 at www.cms.gov/EHRIncentivePrograms.

The California Medical Association (CMA) and the American Medical Association are also supporting new legislation in Congress to streamline the hardship exemption process. The legislation, H.R. 3940 – the Meaningful Use Hardship Relief Act of 2015 – would grant CMS the authority to grant blanket hardship exceptions to physicians, hospitals and other affected providers for 2015, alleviating burdensome administrative issues for both providers and the agency.

CMA will continue to monitor this situation.

For more information on the electronic health record (EHR) incentive program, see the CMS tipsheet, "EHR Incentive Programs for Eligible Professionals: What You Need to Know for 2015."

CMA to relaunch webinar program; first program on meaningful use scheduled for Jan. 13

Beginning in January, the California Medical Association (CMA) will relaunch its full webinar program, featuring two to three subjects each month. Geared toward both physicians and their staff, the topics will range from everyday practice management—including contracting with payors, claims and reimbursement, and customer service—to timely issues such as MACRA, meaningful use, CMA governance and HIPAA compliance, among many others. The webinars will take place during the lunch hour, from 12 to 1 p.m.

Kicking off the new year and start of the 2016 webinar program will be "Patient Engagement vs. Patient Education - What’s the Difference?" This webinar will be presented on Wednesday, January 13 by Jamie Verkamp, a popular breakout speaker from the 2015 Western Health Care Leadership Academy who specializes in practice management education and techniques.

This webinar will examine meaningful use stage 2 and how to meet the requirements in measures related to patient engagement. It will also cover how to educate patients in order to keep them informed without burdening them with too much information.

Click here for more information or to register.

Contact: Juli Reavis, (916) 551-2046 or jreavis@cmanet.org.

CMA urges Congress to fix EHR meaningful use program

The California Medical Association, the American Medical Association and a coalition of medical societies are urging Congress to immediately reform stage 2 of the electronic health record (EHR) meaningful use program, and to delay stage 3. Frustrated with the Center for Medicare and Medicaid Services' (CMS) refusal to fix the program, organized medicine has turned to Congress to make the necessary reforms before meaningful use drives physicians out of the Medicare program.

“We are writing to express our strong concerns with the decision by the Obama Administration to move ahead with the implementation of Stage 3 of the meaningful use program despite the widespread failure of Stage 2," the coalition wrote in a letter sent to leadership in both houses of Congress.

While more than 80 percent of physicians are using EHRs, only 12 percent of physicians are successfully participating in the meaningful use program, and there has been little improvement in data exchange across care settings.

The program was intended to increase physician use of technology to improve care and efficiency. Unfortunately, the program's unrealistic and unnecessary requirements are hindering participation in the program, forcing physicians to purchase expensive EHRs with poor usability that disrupt workflow, interfering with patient care and imposing administrative burdens.

“Congressional action is needed to refocus this program before physicians, frustrated by the near impossibility of compliance with meaningless and ill-informed bureaucratic requirements, abandon the program completely,” the coalition said in the letter.

"[CMS] has continued to layer requirement on top of requirement, usually without any real understanding of the way health care is delivered at the exam room level," the letter said.

“What has emerged from this morass of regulation is a system that relegates physicians to the role of data entry clerks, filling the patient record with unnecessary documentation requirements unrelated to the provision of quality care. In addition, the program has failed to focus on interoperability and has instead created new barriers to easily exchanging data and information across care settings.”

The coalition of physician associations is urging the administration to take a different path to achieving the vision originally laid out by Congress. “We believe that the success of the program hinges on a laser-like focus on promoting interoperability and allowing innovation to flourish as vendors respond to the demands of physicians, rather than the current system where vendors must meet the ill-informed check-the-box requirement of the current program."

Read the letter to Congress here.

Contact: Elizabeth McNeil, (800) 786-4262 or emcneil@cmanet.org.