Health Information Technology: Initial Set of Standards, Implementation Specifications, and Certification Criteria for Electronic Health Record Technology

Facts at a Glance

• Section 3004(b)(1) of the Public Health Service Act, as added by the Health Information Technology for Economic and Clinical Health Act (HITECH), requires the Secretary of the Department of Health and Human Services (HHS) to adopt an initial set of standards, implementation specifications, and certification criteria to enhance the interoperability, functionality, utility, and security of health information technology (HIT).
• Under this authority, the Office of the National Coordinator for Health Information Technology (ONC) has issued an Interim Final Rule (IFR) that specifies the Secretary’s adoption of an initial set of standards, implementation specifications, and certification criteria for electronic health record (EHR) technology.
• The IFR will become effective 30 days after publication and will be open for public comment for 60 days after publication. The final rule will be issued sometime in 2010. 
• The American Recovery and Reinvestment Act of 2009 also authorized the Centers for Medicare & Medicaid Services (CMS) to provide incentives to providers for the adoption and meaningful use of certified EHR technology.  CMS will issue a separate proposed regulation that proposes to accomplish these statutory requirements. The proposed rule may be viewed at http://edocket.access.gpo.gov/2010/E9-31216.htm 
• The certification criteria adopted in the IFR specify the capabilities and related standards that certified EHR technology must include in order to support the proposed meaningful use Stage 1 requirements for eligible professionals and eligible hospitals under the Medicare EHR incentive program. Medicaid providers can receive incentives to adopt, implement, and upgrade to certified technology in their first year of participation but then they too must become meaningful users to receive their second year incentive payment.

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