Meaningful use II a

Medicare and Medicaid Programs; Electronic Health Record Incentive Program--
Stage 2
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Proposed rule.
SUMMARY: This proposed rule would specify the Stage 2 criteria that eligible
professionals (EPs), eligible hospitals, and critical access hospitals (CAHs) must meet in
order to qualify for Medicare and/or Medicaid electronic health record (EHR) incentive
payments. In addition, it would specify payment adjustments under Medicare for
covered professional services and hospital services provided by EPs, eligible hospitals,
and CAHs failing to demonstrate meaningful use of certified EHR technology and other
program participation requirements. This proposed rule would also revise certain Stage 1
criteria, as well as criteria that apply regardless of Stage, as finalized in the final rule
titled Medicare and Medicaid Programs; Electronic Health Record Incentive Program
published on July 28, 2010 in the Federal Register. The provisions included in the
Medicaid section of this proposed rule (which relate to calculations of patient volume and
hospital eligibility) would take effect shortly after finalization of this rule, not subject to
the proposed 1 year delay for Stage 2 of meaningful use of certified EHR technology.
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Changes to Stage 1 of meaningful use would take effect for 2013, but most would be
optional until 2014.
DATES: To be assured consideration, comments must be received at one of the
addresses provided below, no later than 5 p.m. on [OFR--insert date 60 days after date of
publication in the Federal Register].
ADDRESSES: In commenting, please refer to file code CMS-0044-P. Because of staff
and resource limitations, we cannot accept comments by facsimile (FAX) transmission.
You may submit comments in one of four ways (please choose only one of the
ways listed):
1. Electronically. You may submit electronic comments on this regulation to
http://www.regulations.gov. Follow the "Submit a comment" instructions.
2. By regular mail. You may mail written comments to the following address
ONLY:
Centers for Medicare & Medicaid Services,
Department of Health and Human Services,
Attention: CMS-0044-P,
P.O. Box 8013,
Baltimore, MD 21244-8013.
Please allow sufficient time for mailed comments to be received before the close
of the comment period.
3. By express or overnight mail. You may send written comments to the
following address ONLY:
CMS-0044-P 3
Centers for Medicare & Medicaid Services,
Department of Health and Human Services,
Attention: CMS-0044-P,
Mail Stop C4-26-05,
7500 Security Boulevard,
Baltimore, MD 21244-1850.
4. By hand or courier. Alternatively, you may deliver (by hand or courier)
your written comments ONLY to the following addresses prior to the close of the
comment period:
a. For delivery in Washington, DC--
Centers for Medicare & Medicaid Services,
Department of Health and Human Services,
Room 445-G, Hubert H. Humphrey Building,
200 Independence Avenue, SW.,
Washington, DC 20201
(Because access to the interior of the Hubert H. Humphrey Building is not readily
available to persons without Federal government identification, commenters are
encouraged to leave their comments in the CMS drop slots located in the main lobby of
the building. A stamp-in clock is available for persons wishing to retain a proof of filing
by stamping in and retaining an extra copy of the comments being filed.)
CMS-0044-P 4
b. For delivery in Baltimore, MD--
Centers for Medicare & Medicaid Services,
Department of Health and Human Services,
7500 Security Boulevard,
Baltimore, MD 21244-1850.
If you intend to deliver your comments to the Baltimore address, call telephone
number (410) 786-1066 in advance to schedule your arrival with one of our staff
members.
Comments erroneously mailed to the addresses indicated as appropriate for hand
or courier delivery may be delayed and received after the comment period.
For information on viewing public comments, see the beginning of the
"SUPPLEMENTARY INFORMATION" section.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Holland, (410) 786-1309, or Robert Anthony, (410) 786-6183, EHR Incentive
Program issues.
Jessica Kahn, (410) 786-9361, for Medicaid Incentive Program issues.
James Slade, (410) 786-1073, or Matthew Guerand, (410) 786 1450, for Medicare
Advantage issues.
Travis Broome, (214) 767-4450, Medicare payment adjustment issues.
Douglas Brown, (410) 786-0028, or Maria Durham, (410) 786-6978, for Clinical quality
measures issues.
Lawrence Clark, (410) 786-5081, for Administrative appeals process issues.
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SUPPLEMENTARY INFORMATION:
Inspection of Public Comments: All comments received before the close of the comment
period are available for viewing by the public, including any personally identifiable or
confidential business information that is included in a comment. We post all comments
received before the close of the comment period on the following Web site as soon as
possible after they have been received: http://www.regulations.gov. Follow the search
instructions on that Web site to view public comments.
Comments received timely will also be available for public inspection as they are
received, generally beginning approximately 3 weeks after publication of a document, at
the headquarters of the Centers for Medicare & Medicaid Services, 7500 Security
Boulevard, Baltimore, Maryland 21244, Monday through Friday of each week from 8:30
a.m. to 4 p.m. To schedule an appointment to view public comments, phone
1-800-743-3951.
Acronyms
ARRA American Recovery and Reinvestment Act of 2009
AAC Average Allowable Cost (of certified EHR technology)
AIU Adopt, Implement, Upgrade (certified EHR technology)
CAH Critical Access Hospital
CAHPS Consumer Assessment of Healthcare Providers and Systems
CCN CMS Certification Number
CFR Code of Federal Regulations
CHIP Children's Health Insurance Program
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CHIPRA Children's Health Insurance Program Reauthorization Act of 2009
CMS Centers for Medicare & Medicaid Services
CPOE Computerized Physician Order Entry
CY Calendar Year
EHR Electronic Health Record
EP Eligible Professional
EPO Exclusive Provider Organization
FACA Federal Advisory Committee Act
FFP Federal Financial Participation
FFY Federal Fiscal Year
FFS Fee-For-Service
FQHC Federally Qualified Health Center
FTE Full-Time Equivalent
FY Fiscal Year
HEDIS Healthcare Effectiveness Data and Information Set
HHS Department of Health and Human Services
HIE Health Information Exchange
HIT Health Information Technology
HITPC Health Information Technology Policy Committee
HIPAA Health Insurance Portability and Accountability Act of 1996
HITECH Health Information Technology for Economic and Clinical Health Act
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HMO Health Maintenance Organization
HOS Health Outcomes Survey
HPSA Health Professional Shortage Area
HRSA Health Resource and Services Administration
IAPD Implementation Advance Planning Document
ICR Information Collection Requirement
IHS Indian Health Service
IPA Independent Practice Association
IT Information Technology
MA Medicare Advantage
MAC Medicare Administrative Contractor
MAO Medicare Advantage Organization
MCO Managed Care Organization
MITA Medicaid Information Technology Architecture
MMIS Medicaid Management Information Systems
MSA Medical Savings Account
NAAC Net Average Allowable Cost (of certified EHR technology)
NCQA National Committee for Quality Assurance
NCVHS National Committee on Vital and Health Statistics
NPI National Provider Identifier
NPRM Notice of Proposed Rulemaking
ONC Office of the National Coordinator for Health Information Technology
CMS-0044-P 8
PAHP Prepaid Ambulatory Health Plan
PAPD Planning Advance Planning Document
PFFS Private Fee-For-Service
PHO Physician Hospital Organization
PHS Public Health Service
PHSA Public Health Service Act
PIHP Prepaid Inpatient Health Plan
POS Place of Service
PPO Preferred Provider Organization
PQRI Physician Quality Reporting Initiative
PSO Provider Sponsored Organization
RHC Rural Health Clinic
RPPO Regional Preferred Provider Organization
SAMHSA Substance Abuse and Mental Health Services Administration
SMHP State Medicaid Health Information Technology Plan
TIN Tax Identification Number
Table of Contents
I. Executive Summary and Overview
A. Executive Summary
1. Purpose of Regulatory Action
a. Need for the Regulatory Action
b. Legal Authority for the Regulatory Action
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2. Summary of Major Provisions
a. Stage 2 Meaningful Use Objectives and Measures
b. Reporting on Clinical Quality Measures (CQMs)
c. Payment Adjustments and Exceptions
d. Modifications to Medicaid EHR Incentive Program
e. Stage 2 Timeline Delay
3. Costs and Benefits
B. Overview of the HITECH Programs Created by the American Recovery and
Reinvestment Act of 2009
II. Provisions of the Proposed Regulations
A. Definitions Across the Medicare FFS, Medicare Advantage, and Medicaid
Programs
1. Uniform Definitions
2. Meaningful EHR User
3. Definition of Meaningful Use
a. Considerations in Defining Meaningful Use
b. Changes to Stage 1 Criteria for Meaningful Use
c. State Flexibility for Stage 2 of Meaningful Use
d. Stage 2 Criteria for Meaningful Use (Core Set and Menu Set)
B. Reporting on Clinical Quality Measures Using Certified EHRs Technology by
Eligible Professionals, Eligible Hospitals, and Critical Access Hospitals
1. Time Periods for Reporting Clinical Quality Measures
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2. Certification Requirements for Clinical Quality Measures
3. Criteria for Selecting Clinical Quality Measures
4. Proposed Clinical Quality Measures for Eligible Professionals
a. Statutory and Other Considerations
b. Clinical Quality Measures Proposed for Eligible Professionals for CY 2013
c. Clinical Quality Measures Proposed for Eligible Professionals Beginning with
CY 2014
5. Proposed Reporting Methods for Clinical Quality Measures for Eligible
Professionals
a. Reporting Methods for Medicaid EPs
b. Reporting Methods for Medicare EPs in CY 2013
c. Reporting Methods for Medicare EPs Beginning with CY 2014
d. Group Reporting Option for Medicare and Medicaid Eligible Professionals
Beginning with CY 2014
6. Proposed Clinical Quality Measures for Eligible Hospitals and Critical Access
Hospitals
a. Statutory and Other Considerations
b. Clinical Quality Measures Proposed for Eligible Hospitals and CAHs for FY
2013
7. Proposed Reporting Methods for Eligible Hospitals and Critical Access
Hospitals
a. Reporting Methods in FY 2013