What Physicians Need to Know about the New EHR Regulations November 9, 2015 Advocacy, EHR, Physician Resource Break the Red Tape, EHR, Meaningful Use 0 CMS released more than 1,300 pages of new regulations in October 2015 outlining requirements for the electronic health record (EHR) meaningful use program, with several changes applying this year. SFMS has gathered some of the most important changes that will affect your practice. A Mixed Bag The regulations fall under two new rules—one that modifies Stage 2 of the meaningful use program and finalizes requirements for Stage 3, and one that establishes technological parameters for the new edition of certified EHR technology. On the upside, the first rule eases and streamlines some of the requirements for Stage 2. But the rule simultaneously ignores clear calls from Congress and physicians to hold off on Stage 3 until the program is reassessed for practicality and alignment with new payment and delivery reforms. Immediate improvements to Stage 2 include: Physicians have a shortened reporting period for 2015. Instead of the full calendar year, physicians will be required to report on any consecutive 90 days. The overall number of measures physicians must report on has been reduced. The measure threshold for the requirement for patients to view, download or transmit their records has been cut down from 5% of patients to just one patient in 2015 and 2016. (This threshold goes back up to 5% in 2017.) The threshold for the secure messaging requirement has been scaled back from 5% of patients to simply having the capability to send secure messages in 2015 and doing so with at least one patient in 2016. (This threshold also goes back up to conducting secure messaging with at least 5% of patients in 2017.) And while these are positive modifications, CMS didn’t release the final regulations until October 6—several days into the final 90-day period of the year. Equally as concerning, the regulations now require a public health and clinical data registry reporting objective that previously was optional. So far, only 12% of physicians have met Stage 2 requirements. Securing a Hardship Exemption Fortunately, physicians will have some recourse for avoiding penalties. Responding to requests from organized medicine, CMS has said that physicians who are unable to meet meaningful use requirements this year as a result of the delayed publication of the regulations can apply for a hardship exemption. The AMA is encouraging physicians to apply for a hardship 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 this year, but applying can serve as a safety net in staving off a penalty. The exemption application will be available early next year. Stage 3 Looms for 2018 Under the rule, all physicians will be required to meet Stage 3 requirements beginning in 2018. The finalized rule as currently written would be very burdensome for physicians. Among the many mandates will be upgrading to EHR products that meet the new certification requirements. While CMS is allowing a 60-day comment period for feedback on the final rule, a groundswell of physician responses will be needed to change the proposal, given the complexities of the lengthy regulations already issued. What You Can Do Physicians can visit BreakTheRedTape.org to submit their comments on the new rule to CMS and ask the agency to take action so that critical problems with the program are addressed before moving forward. Also, physicians can join their peers in sharing their stories about how meaningful use regulations are affecting the patient-physician relationship. Comments are closed.
