On July 13, 2010, the Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) released, final regulations implementing the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 provisions that provide incentive payments for the meaningful use of certified electronic health record (EHR) technology. These regulations finalize the January 13, 2010 proposed rule,1 much of which was not well-received by the health care industry. This was in large part due to the requirement that eligible professionals meet 25 criteria (or 23 for hospitals) to demonstrate meaningful use, which the health care industry believed was too burdensome, given the novelty of EHR technology. CMS has attempted to address this—as well as other concerns—raised by the proposed regulations.
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