Proposed regulations for the definition of the "meaningful use" of electronic health record (EHR) technology

December 31, 2009:CMS and ONC issue regulations proposing a definition for "Meaningful Use" of electronic health record (EHR) technology and setting standards for the Electronic Health Record Incentive Program. 

The proposed rule by CMS details proposed provisions controlling the EHR programs, which includes the definition for the "meaningful use" of EHR technology.  The CMS proposed rule also sets forth the payment methodologies for the Medicare and Medicaid EHR incentive programs.

The proposed regulations facilitate the application of the EHR incentive programs created under the American Recovery and Reinvestment Act of 2009 (the Act).  The incentive programs encourage eligible providers to make "meaningful use" of EHR technology. According to the Act the incentive payments may begin as soon as October 2010 to eligible hospitals and January 2011 for eligible providers.  

The proposed rule defines "meaningful EHR user" as an eligible professional or eligible hospital that, during the specified reporting period, demonstrates meaningful use of certified EHR technology in a form and manner consistent with the certain objectives and measures presented in the regulation.  Some of these objectives include: EHR technology to improve the quality, safety, and efficiency of health care delivery and ensures adequate privacy and security protections for personal health information.   

For purposes of the Medicare EHR incentive programs, one proposed definition is that the program would apply to eligible professionals participating in the Medicare fee-for-service and the Medicare Advantage EHR incentive programs.  Another definition applies to eligible hospitals and critical access hospitals.  These definitions would serve as the minimum threshold for eligible professionals and eligible hospitals active in the Medicaid EHR incentive program.  Through the proposed rules it is possible for states to request CMS to approve more stringent meaningful use measures, but it is not possible for states to create less rigorous measures.  

The CMS proposed rule provides a 60-day comment period and the public is strongly encouraged to comment on the rule's provisions.