Hospitals must "possess" electronic health record technology certified against all 24 meaningful use objectives, and "demonstrate" meaningful use of 19 objectives in order to qualify for Medicare and Medicaid incentive payments and avoid future payment penalties, the Office of the National Coordinator for Health Information Technology said today in updated guidance. To possess the technology, a hospital must have either the physical technology or a contract that provides "a legally enforceable right…to access and use" the technology at its discretion, ONC states.
The degree to which a hospital implements the technology is not a factor in determining "possession." The guidance can be found in ONC FAQs 17 and 21, which revise previous ONC guidance in response to concerns from the American Hospital Association and others that requiring providers to implement EHRs certified against all 24 objectives would remove flexibility provided in the Centers for Medicare & Medicaid Services' final rule, delay hospitals' attempts to achieve meaningful use, increase costs and negatively impact competition in the vendor marketplace.
"We are very pleased that ONC heard our concerns and has provided additional guidance on this question," said Chantal Worzala, director of policy at the AHA. "We will be carefully reviewing this complex new guidance in the coming weeks and monitoring how the market responds to determine if it can be operationalized."