CMS and the OIG Extend Protections for Electronic Health Record Donations

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On December 27, 2013, the Office of Inspector General (“OIG”) and the Centers for Medicare & Medicaid Services (“CMS”) each published, in the Federal Register, a final rule that amends regulations under the Anti-Kickback Statute (“AKS”), 42 U.S.C. § 1320a-7b(b), and the federal physician self-referral law (“Stark Law”), 42 U.S.C. § 1395nn, permitting certain arrangements involving the donation of interoperable electronic health record (“EHR”) software or information technology and training services. The final rules modify the Stark Law’s EHR exception (“EHR Exception”), 42 C.F.R. § 411.357(w), and the AKS EHR safe harbor (“EHR Safe Harbor”), 42 C.F.R. § 1001.952(y), in a few important ways.

More specifically, the final rules...

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