CMS issues Stage 3 Rules for Certified EHR Meaningful Use Incentive Program

October 20, 2015. On Friday, October 16, the Centers for Medicare & Medicaid Services (CMS) published in the Federal Register its Final Rule: Medicare and Medicaid Programs; Electronic Health Record Incentive Program—Stage 3 and Modifications to Meaningful Use in 2015-2017. The regulations are effective on Tuesday, December 15, 2015. The summary, which appears on page 62762 follows:

ONC Issues Proposed 2015 Edition Health Information Technology Certification Criteria

On March 30, 2015, the Office of the National Coordinator for Health Information Technology (ONC) published the following proposed rule:

 

Department of Health and Human Services [HHS], Office of the Secretary, “45 CFR Part 170; 2015 Edition Health Information Technology (Health IT) Certification Criteria, 2015 Edition Base Electronic Health Record (EHR) Definition, and ONC Health IT Certification Program Modifications,” Federal Register, v.80, n.60, March 30, 2015, pp. 16804-16921, which is available online at: http://www.gpo.gov/fdsys/pkg/FR-2015-03-30/pdf/2015-06612.pdf.  ONC invites public comment on the proposed rule, which must be received no later than 5 PM on May 29, 2015.  Instructions for submitting public comments are on page 16804 of the referenced issue of the Federal Register

 

CMS Issues Stage 3 Meaningful Use Proposed Rules—Part 1 of 2

April 9, 2015.  On March 30, 2015, the Centers for Medicare & Medicaid Services (CMS) published the following proposed rule:

 

Department of Health and Human Services [HHS], Centers for Medicare & Medicaid Services, “42 CFR Part 495; Medicare and Medicaid Programs; Electronic Health Record Incentive Program—Stage 3; Proposed Rule,” Federal Register, v.80, n.60, March 30, 2015, pp. 16732-16804, which is available online at: http://www.gpo.gov/fdsys/pkg/FR-2015-03-30/pdf/2015-06685.pdf.  CMS invites public comment on the proposed rule, which must be received no later than 5 PM on May 29, 2015.  Instructions for submitting public comments are on page 16732 of the referenced issue of the Federal Register.

 

Meaningful Use Security Attestation Compatibility with HIPAA Security Rule Compliance: Part II-CMS EHR Incentive Audit

In Part I, we outlined the Stage 1 and Stage 2 requirements for Meaningful Use Security attestation, namely, conducting a risk analysis and mitigating “identified security deficiencies as part of [a] risk management process.”  In this part, we examine the attestation audit process, again as it relates to Meaningful Use Security, as described in Frequently Asked Questions (FAQ) issued by the Centers for Medicare & Medicaid Services (CMS).  Many of the statements reproduced below from FAQ#7711 describe the CMS audit process generally, but the specific focus here is on Meaningful Use Security attestation specifically.  We use ellipsis (…) to indicate specific attestation considerations other than security, which you can check out online at:  https://questions.cms.gov/faq.php?id=5005&faqId=7711.  FAQ#7711 was last updated on November 19, 2013.

 

Meaningful Use Security Attestation Compatibility with HIPAA Security Rule Compliance: Part I-Risk Analysis

The Stage 1 Security Core Measure for Eligible Professionals derives from the following Meaningful Use Objective:

 

“Protect electronic health information created or maintained by the certified EHR technology through the implementation of appropriate technical capabilities.”

 

The Stage 1 Security Core Measure states:

 

“Conduct or review a security risk analysis per 45 CFR 164.308(a)(1) and implement security updates as necessary and correct identified security deficiencies as part of its risk management process.”

 

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