Home > EHR, Medicare > Final Rules on EHR Exception and Safe Harbor from Self-Referral/Anti-Kickback Now Under OMB Review

Final Rules on EHR Exception and Safe Harbor from Self-Referral/Anti-Kickback Now Under OMB Review

The Centers for Medicare and Medicaid Services (CMS) submitted its final rule “Physicians’ Referrals to Health Care Entities with Which They Have Financial Relationships; Amending the Exception for Certain Electronic Health Records Arrangements” to the Office of Management and Budget (OMB) for regulatory review on November 7. The HHS Office of Inspector General (OIG) its final rule “Medicare and State Health Care Programs: Fraud and Abuse; Electronic Health Records Safe Harbor Under the Anti-Kickback Statute” to OMB on November 6.  The final rules are expected to renew and revise the EHR exception and safe harbor from self-referral/anti-kickback requirements.

The OMB Office of Information and Regulatory Affairs will likely expedite its review process given that the 2006 EHR exception and safe harbor will sunset at the end of 2013. The final rules will likely be submitted for publication in the Federal Register (i.e., publicly accessible for the first time) in December 2013.

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Categories: EHR, Medicare
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