Proposed Rules Would Extend EHR Safe Harbor

The CMS and HHS' inspector general's office have issued a pair of complementary proposed rules to extend 2006 waivers that relaxed federal Stark and anti-kickback laws to promote the use of electronic health-record systems.

The proposed rules would extend the Dec. 31, 2013 sunset provisions in the original rules to Dec. 31, 2016. They also would drop an e-prescribing requirement in the original rules and amend language on what types of EHRs qualify for the waivers.

“We appreciate all that CMS and OIG have done here to extend the sunset date,” said Jeff Micklos, executive vice president of management and compliance and general counsel for the Federation of American Hospitals. “It's something we've asked for.”