Editor’s Note: Subsequent to the publication of this article, CMS has renamed the “Meaningful Use” programs to “Promoting Interoperability”.
Once again we are sitting in the beginning of August with the potential for CMS to change program requirements for the EHR Incentive Programs for Physicians, other professionals and Hospitals. Luckily this time, they aren’t talking about adding additional requirements. As you may recall in our previous post Beyond stage 3 of Meaningful Use, we talked about some of the additional attestations that are expected starting with the 2017 calendar year.
In April, Senators Portman and Bennet co-sponsored legislation that called for a reduction of reporting period to 90 days.
More recently in July, CMS released a proposed rule covering a wide range of issues, including some adjustments to the Meaningful Use program. The Meaningful Use changes include shortening the 2016 reporting period to 90 days and to remove some of the reporting objectives for topped out measures. This suggests that with high probability CMS will issue final changes to the Meaningful Use program, to apply to the 2016 attestation year.
Expected Changes for 2016
The biggest change that we expect to be approved is the 90-day reporting period. This means that if you already have you 90 days of data that show your practices as a meaningful user, your practice would then be “all-set” for 2016. For practices that are struggling meeting some of the requirements, you should still have time to get things together to report for the final 90 days of the year. The interesting thing is that the final rule will probably not be released until after the final 90-day period has already started for 2016. This change would effect those who are reporting for Meaningful Use in both Medicare and Medicaid Programs.
Additionally CMS is proposing that the CPOE Objective and CDS objectives are currently being topped out so that these measures would no longer need to be reported for Hospitals or CAHs. Interestingly, although this proposed change would affect Hospitals attesting for Meaningful Use under Medicare, it would not effect the Medicaid program. There is also no mention of these provisions being removed for Physicians and other eligible providers for 2016 even though the Advancing Care Information performance category does eliminate them under MIPS starting in 2017.
CMS has also stated that they will provide for a “Significant” Hardship Exemption from the 2018 payment adjustment for physicians unable to attest in 2016 but who intend to attest to Meaningful Use and MIPS in 2017. Physicians will be able to apply for this exemption through CMS. The exact criteria to qualify for the exemption were not released, although based on the use of the word “significant” we anticipate that this would apply only in limited circumstances.
What remains consistent is that those attesting to Meaningful Use this year or next year, or those who are subject to Advancing Care Information under MIPS are required to complete the Privacy and Security objective. This means that practices and hospitals who participate in the MU programs for either Medicare or Medicaid are required to get a Security Risk Analysis done before the end of the year.
