EHR incentive appeals deadline extended, stage 2 meaningful use rules coming soon

CMS has recently updated information on filing administrative appeals for eligible professionals (EPs) that have been deemed ineligible to participate in the EHR incentive program or denied meaningful user status. CMS has also extended the filing deadline for EPs who have failed to obtain payments to Jan. 30, 2012. If you feel that the amount you were paid is not correct, you can challenge it. To download information about this appeals process, please visit the CMS website.

Remember that Feb. 29 is the last day to register and attest to receive an incentive payment for calendar year 2011.

In other news, the U.S. Department of Health and Human Services (HHS) is likely very close to releasing its proposed rules for stage 2 of the EHR incentive/meaningful use program. HHS has sent to the Office of Management and Budget (OMB) for review a proposed rule that will accompany the stage 2 incentive program rule. The accompanying rule would adopt standards, implementation specifications and certification criteria to ensure EHRs support Stage 2 measures.

One of the last steps before publication of any final or proposed rule is review by the OMB, so that means publication is near. HHS has previously said that they expected to release the stage 2 proposed rules some time in January or February, so the timing is consistent with this earlier guidance.

After the release of a proposed rule, there is always a comment period, usually 60 days. After the comments are reviewed, the final rule will be released. Based on this typical time frame, we should have a final rule for stage 2 some time around June. This, too, is consistent with earlier guidance.

One provision that HHS has announced to include in the final rule is the delay of beginning stage 2 until 2014. This differs from the original plan to have stage 2 begin in 2013.