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The Centers for Medicare & Medicaid Services (CMS) has released a final rule that revises the exception to the federal physician self-referral prohibition (known as the Stark Law) for certain arrangements involving the donation of electronic health record (EHR) items and services.
The rule addresses what is known as the Stark Exception. The Office of Inspector General (OIG) of the Department of Health and Human Services simultaneously released a companion rule revising the safe harbor regulation concerning EHR items and services under the Federal Anti-Kickback Statute, known as the Safe Harbor.
CMS and OIG amended the final rules from 2006 as part of an ongoing effort to encourage the adoption of EHR systems. The systems can be too expensive for some physician practices, and hospitals have been interested in assuming some of the costs.
These were the five key changes in the amendment: