On January 29, 2015, the Centers for Medicare & Medicaid Services (CMS) announced its intent to engage in rulemaking to update the Medicare and Medicaid Electronic Health Record (EHR) Incentive Programs beginning in 2015.

As explained by Patrick Conway, CMS Deputy Administrator for Innovation & Quality and Chief Medical Officer, in an agency blog post, the new rule “would be intended to be responsive to provider concerns about software implementation, information exchange readiness, and other related concerns.”  “It would also be intended to propose changes reflective of developments in the industry and progress toward program goals achieved since the program began in 2011.”

More specifically, CMS is considering proposals to:

  • Shorten the 2015 reporting period to 90 days;
  • Realign hospital reporting periods to the calendar year; and
  • Modify other aspects of the program to match long-term goals, reduce complexity, and lessen providers’ reporting burdens.

In recent months, various provider organizations have urged CMS to shorten the 2015 reporting period.  And, last September, members of Congress introduced a bill — Flexibility in Health IT Reporting (Flex-IT) Act of 2014
— to shorten the 2015 reporting period to 90 days.  That bill was reintroduced this January.

The new rule is expected this Spring.  It will be separate from the Stage 3 proposed rule, which is expected by early March.

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Photo of Krysten Rosen Moller Krysten Rosen Moller

Krysten Rosen Moller focuses her practice on representing clients in internal investigations, government investigations, and follow-on civil litigation, with an emphasis on serving clients in the life sciences and healthcare industries.

Krysten assists companies with complex internal and government investigations covering a broad…

Krysten Rosen Moller focuses her practice on representing clients in internal investigations, government investigations, and follow-on civil litigation, with an emphasis on serving clients in the life sciences and healthcare industries.

Krysten assists companies with complex internal and government investigations covering a broad range of issues, including fraud and abuse, advertising and promotion, and bribery and corruption. Krysten has particular experience conducting targeted and efficient internal investigations and representing pharmaceutical and medical device companies against investigations from the Department of Justice or other government regulators. Krysten’s complementary litigation practice focuses on defending life sciences and healthcare companies in related litigation, including cases arising under the False Claims Act and other follow-on litigation arising from government investigations.

Krysten also counsels clients on compliance matters. She regularly represents companies negotiating HHS OIG Corporate Integrity Agreements (CIAs) and advises companies on implementing and operating under CIAs. She has also conducted False Claims Act risk assessments and advised on other fraud and abuse issues.