Stimulus Package contains $19 billionfor adoption of Electronic Health Records

19-February-2009

Authors

Chanley Howel of Foley & Lardner

Charles looks at the Stimulus Healthcare Plan -

Article extract from www.wistechnology.com.

On February 17, 2009, President Barack H. Obama signed into law the American Recovery and Reinvestment Act of 2009 (ARRA). This article summarizes the provisions of the ARRA's stimulus expenditures and other stimulus measures relating to health information technology (HIT), including incentives for adoption of electronic health record (EHR) systems.

Executive Summary

Medicare/Medicaid Incentives
The ARRA provides substantial stimulus expenditures in the health care industry — over $20 billion — for the development and adoption of HIT. The largest allocation of funding — approximately $17 billion — is for incentive payments through the Medicare and Medicaid reimbursement systems to encourage providers and hospitals to implement EHR technology systems. As described more fully below, the incentive payments are triggered when a provider or hospital demonstrates it has become a “meaningful EHR user.” Payments are paid over time, with larger payments in the early years and lower payments over time, totaling as much as $48,400 for eligible professionals and up to $11 million for hospitals. On the other hand, hospitals and eligible professionals suffer penalties through reduced Medicare reimbursement payments if they do not become meaningful users of EHR by 2015.

Government/Agency Leadership Infrastructure


The ARRA establishes additional government and agency involvement in setting policy, standards, specifications, and criteria for HIT and EHR systems. The Office of the National Coordinator for Health Information Technology (ONCHIT) is established within the U.S. Department of Health and Human Services (HHS), and will be the primary agency involved in this effort. ONCHIT will be headed by a national coordinator to be appointed by the Secretary of HHS (Secretary). The national coordinator is charged with developing a nationwide HIT infrastructure that improves health care quality, reduces health care costs, and protects patient health information. The national coordinator is required to update the Federal Health IT Strategic Plan to address the use of EHR technology, including privacy and security of health information. The law establishes a HIT Policy Committee to make policy recommendations to the national coordinator and a HIT Standards Committee to recommend standards, implementation specifications, and certification criteria. Detailed descriptions of these new government and agency changes are set forth below. When adopted, these standards and specifications will be used in assessing whether hospitals and eligible professionals are meaningful EHR users for purposes of the Medicare and Medicaid incentive payments discussed above.

Other Stimulus Measures

Finally, the ARRA adopts additional stimulus spending measures such as:

  • Grants for HIT/EHR research and development programs
  • Investment in the nationwide HIT infrastructure
  •  Funding for extension programs and regional centers to provide technical assistance with respect to adoption and use of HIT
  •  Grants to states and Native American tribes to provide funding to facilitate and expand the exchange of electronic health information
  •  Competitive grants to establish loan programs for health care providers to acquire and use EHR technology
  •  Grants for integrating information technology into clinical education
  •  Financial assistance to universities to establish or expand medical informatics programs

 Summary of HIT/EHR Stimulus Provisions

 Medicare Incentives for Meaningful Use of Certified EHR Technology

The ARRA establishes incentive payments through Medicare for the “meaningful use of certified EHR technology” by eligible professionals and hospitals. As specified in the legislation, an eligible professional will receive incentive payments for the first five years (2011 through 2015) for demonstrating a meaningful use of EHR technology and demonstrated performance during the reporting period for each payment year. If an eligible professional does not demonstrate a meaningful use of EHR technology by 2015, he or she will not receive incentive payments, and his or her reimbursement payments under Medicare will be reduced as specified in the legislation. Professionals eligible for the incentive payments are physicians, dental surgeons, dentists, podiatrists and chiropractors who participate in Medicare.

Incentive Payments for Eligible Professionals


Incentive payments for eligible professionals are based on the amount of Medicare-covered professional services furnished during the year in question. The total possible amount of the incentive payment will decrease over time. The law provides a rolling period for implementation and associated payments. For example, incentives that start in 2011 will continue through 2015, while those that begin in 2012 run through 2016. For the first year, the maximum payment amount is $18,000 if the eligibility criteria are met in 2011 or 2012 (and $15,000 if implemented in 2013 or 2014). The highest annual payment amount for subsequent years decreases each year to $12,000, $8,000, $4,000, and $2,000, with no payments being made after 2016. The payments can be in the form of a single consolidated payment or may be made in periodic installments, as determined by the Secretary.

Thus, to achieve the maximum incentive payment amount, eligible professionals must adopt a meaningful use of EHR technology in 2011 or 2012, thereby qualifying for five annual payments ending in 2015 or 2016, respectively, for an aggregate maximum payment of $44,000. However, if a professional first adopts EHR technology in 2014, the maximum annual payments are $15,000, $12,000 and $8,000, for an aggregate maximum payment of $35,000.

Accordingly, there are direct financial benefits for eligible professionals becoming meaningful users of EHR technology in 2011 or 2012; reduced benefits for adopting EHR in 2013 or 2014; and no benefit for adopting in 2015. (As discussed below, penalties are assessed if the professional has not become a meaningful user by 2015.)

Eligible professionals may be eligible to receive a larger incentive amount or may be ineligible altogether under certain circumstances. Incentive payments are increased by 10 percent if the professional predominately serves in an area designated as a health professional shortage area.

The EHR incentive payments for professionals are not available to a hospital-based eligible physician such as a pathologist, anesthesiologist, or emergency physician who furnishes substantially all such services in a hospital setting using the hospital's facilities and equipment, including computer equipment. Incentive payments are made available to hospitals in Section 4312 of the ARRA, discussed below.

Meaningful Use of EHR Technology


An eligible professional will be treated as a meaningful user of EHR technology if the eligible professional meets the following three criteria:

The eligible professional demonstrates to the satisfaction of the Secretary that, during the period, the professional is using a certified EHR technology in a meaningful manner, which will include the use of electronic prescribing as determined to be appropriate by the Secretary

The eligible professional demonstrates to the satisfaction of the Secretary that, during such period, such certified EHR technology is connected in a manner that provides, in accordance with law and standards applicable to the exchange of information, for the electronic exchange of health information to improve the quality of health care such as promoting cure coordination

The eligible professional submits information on clinical quality measures (the Secretary will select the clinical quality measures and will provide preference to measures that have been endorsed by the consensus-based entity regarding performance measurement with which the Secretary has a contract under Section 1890(a) of the Social Security Act)

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    www.StimulusMedical.com