EHR Donation Exception and Safe Harbor Modified and Extended through 2021


On December 27, 2013, the Centers for Medicare & Medicaid Services and the Office of the Inspector General, both of the Department of Health and Human Services, issued closely coordinated rules (“Final Rules”) extending the original sunset of the current Stark exception and Anti-Kickback safe harbor for certain arrangements involving the donation of electronic health records (“EHR”) items and services. The rules also made several modifications to the Stark exception and Anti-Kickback safe harbor.

Pursuant to these Final Rules, hospitals and other donors may make payments of up to 85 percent of the cost of acquiring certain EHR items and services (e.g., license fees, implementation services) for a physician, or other qualified recipient, without risk of liability under the Stark Law or the Anti-Kickback Statute.

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