Electronic health records (EHR) systems with interoperable software could be deemed exempt under the anti-kickback statute thanks to HHS’ Office of Inspector General (OIG) latest proposed rule released April 9.
 
The rule aims to expand safe harbor exemptions for EHRs to encourage provider adoption.
 
CMS’ OIG office simultaneously released a similar rule that mirrors HHS’ rule and would:
  1. Exempt providers with EHRs using interoperable software;
  2. Allow providers to claim the exemption even if they aren’t e-prescribing; and
  3. Extend the sunset exception to 2016, which protected “certain arrangements involving the provision of interoperable [EHR] software” and was set to sunset on Dec. 31, 2013.
The agencies are accepting comments on the rules —and will share them with one another—until 60 days after the rules are published in the Federal Register. For more tips on EHR compliance and work flow, visit Part B News and pick up your latest issue of Medical Practice Compliance Alert.