- First, the interoperability requirement for the Exception and Safe Harbor must be "authorized by the National Coordinator for Health Information Technology" and interoperable as of the date of donation. Previously, it only needed to be "recognized by the Secretary," whereas with this proposed amendment, the interoperability of donated EHRs must be recognized by a certifying body.
- Second, under the Exception and Safe Harbor, proposed is the elimination of the electronic prescribing capability. Currently, the donated software must include electronic prescribing capability.
- Third, the Exception and Safe Harbor is scheduled to sunset on December 31, 2013; however, the Proposed Rule is soliciting comments for an extended sunset date of December 31, 2016.
- Finally, the Proposed Rule is soliciting comments regarding the scope of protected donors. In particular, the Proposed Rules are considering excluding specific donors from the protected donors list, such as durable medical equipment suppliers, independent home health agencies, and other "suppliers of ancillary services associated with a high risk of fraud and abuse."
If you have any questions or concerns related to these fraud and abuse exceptions, or would like to submit your comments, please contact Robert A. Wade at rwade@kdlegal.com or 574.485.2002.The officials for the Proposed Rules will be accepting comments on the proposed rules for sixty (60) days.