The federal government has recently released two rules that would allow hospitals to continue to give physician practices and other organizations electronic health record software without fear of Stark Law or Anti-Kickback Statute conflict through 2021.
The EHR Anti-Kickback safe harbor was set to expire at the end of this year. Final rules released by HHS' Office of the Inspector General and CMS extend the Anti-Kickback safe harbor and Stark Law exception respectively, to keep fostering the expansion and use of EHRs among smaller organizations.
Industry leaders have praised the new rules. In a statement, HIMSS Vice President of Government Relations, Thomas A. Leary, said: "HIMSS is pleased that CMS and the OIG have promulgated extensions to the Stark exemptions and Anti-Kickback safe harbors… Although we encourage the elimination of the sunset provision, we appreciate the extension of the program to 2021 to provide certainty to stakeholders."
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