• CMS, OIG Propose Extension of EHR Exception/Safe Harbor
  • April 26, 2013 | Author: Lynn M. Barrett
  • Law Firm: Jones Walker LLP - Miami Office
  • Recently, both the Centers for Medicare & Medicaid Services ("CMS") and the Office of Inspector General ("OIG") published proposed rules ("Proposed Rules") that would modify current regulations involving certain donations of electronic health record items and services, which were originally published in 2006. Specifically, on April 10, 2013, CMS and the OIG published in the Federal Register complimentary Proposed Rules that would modify the existing Stark exception and the Anti-Kickback safe harbor relating to certain arrangements involving the provision of interoperable electronic health record ("EHR") software or information technology and training services. In the preamble to the Proposed Rules, CMS and the OIG each indicated that, in proposing these rules, they attempted to "ensure as much consistency as possible" between the Proposed Rules, "despite the differences in the respective underlying statutes."