On March 9, 2010, the U.S. Department of Health and Human Services (HHS) will publish in the Federal Register, a proposed rule (pdf) establishing certification programs for health information technology.  The American Recovery and Reinvestment Act of 2009 (“ARRA” or “Economic Stimulus”), which was enacted on February 17, 2009, included  the Health Information Technology for Economic and Clinical Health (HITECH) Act.  The HITECH Act, among other things, amended the Public Health Service Act (PHSA) by creating a new section –“Health Information Technology and Quality” – to improve health care quality, safety, and efficiency through the promotion of health information technology and electronic health information exchange.  To this end, the proposed rule seeks to establish two voluntary certification programs for purposes of testing and certifying health information technology.

According to a set of frequently asked questions published by the HHS, the first proposal would establish a temporary certification program whereby the National Coordinator for Health Information Technology (the “National Coordinator”), would authorize organizations to test and certify complete Electronic Health Records (EHRs) and/or EHR Modules.  Certified EHR technology is a requirement for providers to receive incentive payments for the adoption and meaningful use of EHRs under the Medicare and Medicaid Incentives Program.  The certification program therefore, would assure the availability of Certified EHR Technology prior to the reporting period in which health care providers may seek the incentive payments available under the Medicare and Medicaid EHR Incentives Program.

The second proposal outlined in the proposed rule would establish a permanent certification program to replace the temporary certification program.  The permanent certification program would separate the responsibilities for performing testing and certification, introduce accreditation requirements, establish requirements for certification bodies authorized by the National Coordinator related to the surveillance of certified EHR technology, and would include the potential for certification bodies authorized by the National Coordinator to certify other types of health besides complete EHRs and EHR modules.  The temporary program would end once the permanent certification program is established and at least one certification body has been authorized by the National Coordinator.

Comments on the proposal for the temporary certification program outlined in the proposed rule must be received on or before April 9, 2010.  Comments directed at the permanent certification program must be received on or before May 10, 2010.  All comments must include the identifier:  RIN 0991-AB59, and can be submitted (original plus two copies) via hand delivery, courier, or regular, express, or overnight mail to: Department of Health and Human Services, Office of the National Coordinator for Health Information Technology, Attention: Certification Programs Proposed Rule, Hubert H. Humphrey Building, Suite 729D, 200 Independence Ave, S.W., Washington, DC 20201.  Alternatively, comments can be submitted through the federal eRulemaking Portal:  http://www.regulations.gov.

This entry was written by Ilyse Schuman.

Photo credit:  VisualField