On January 22, CMS posted a revised application and instructions for a hardship exception from the Meaningful Use program penalties in 2015. Under the new, streamlined application process, which CMS says is a temporary measure, eligible professionals and eligible hospitals may apply for a hardship exception as a group. A hardship exception application including only eligible professionals or eligible professionals and eligible hospitals is due March 15, 2016. An application including only eligible hospitals is due April 1, 2016.
Pursuant to the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5), certain eligible professionals, eligible hospitals, and eligible critical access hospitals are subject to Medicare “payment adjustments” unless they can demonstrate that they are meaningful users of Certified Electronic Health Record Technology under the Medicare EHR Incentive Program. In 2015, about 209,000 providers failed to meet the meaningful use requirements and may therefore be subject to a penalty. Previously, the hardship exception process was only available on an individual, case-by-case basis.
The revised application and instructions are posted here.
Reporter, Igor Gorlach, Houston, + 1 713 276 7326, igorlach@kslaw.com.
