How Can a New York City Provider Purchase EHR Software Through the New York Department of Health and Mental Hygiene?

Primary care practices (including family medicine, pediatrics, internal medicine and OB/GYN) located in under-served NYC communities may be eligible to receive a $4,000.00 grant toward an eClinicalWorks EHR software package.  The grant is administered by the New York Department of Health and Mental Hygiene in support of its Primary Care Information Project ("PCIP").

PCIP is a New York City grant program that was developed to promote "prevention-oriented EHR's" among providers who care for NYC's under-served and vulnerable populations.  Primary care practices that are eligible for, and receive, the EHR grant will be required to participate in certain quality improvement efforts, including quality reporting and linkage to public health information systems.

While the $4,000.00 grant money will not cover the entire cost of running an EHR based practice, it is enough to cover the initial conversion costs ( including eClinicalWorks EHR licensing, staff training and 2 years of maintenance and support).  In addition, by converting to EHR, primary care practices may become eligible for the financial incentives available under other government programs, including the ARRA.

eClinicalWorks EHR has recieved 2008 CCHIT certification (the most current certification offered by CCHIT) and, as with all other EHR software, it remains to be seen whether it will receive the upcoming CCHIT ARRA certification.

What Does CCHIT EHR Certification Mean For Receiving Financial Incentives Under the ARRA?

The Certification Commission for Health Information Technology ("CCHIT"), a non-profit organization that independently certifies health information technology, has put together a preliminary ARRA certification criteria for EHR (pdf) that it believes will meet the requirements for receiving EHR financial incentives available under the ARRA.

Currently, CCHIT is the only Department of Health and Human Services ("HHS") recognized certifying body.  As such, it will likely determine which EHR software will enable providers to make  "meaningful use" of their EHR when HHS publishes the final definition of  "meaningful use." When the definition is published, certification will be necessary for providers to receive the financial incentives available under the ARRA. 

The preliminary guide focuses on Ambulatory and In Patient EHR, and promises ongoing updates as more information becomes available. 

Definition of "Meaningful Use" Expected in Late 2009

As an update on the progress that Health and Human Services (“HHS”), in conjunction with the Centers for Medicare and Medicaid Services (“CMS”) and the National Coordinator for Health Information, is making toward defining “meaningful use," HHS is reporting that the proposed rule (defining “meaningful use”), is targeted for publication in late 2009.
 

On a related issue, recently, I have been receiving an increasing number of questions from readers wondering whether their practices will be among those eligible for incentive payments under the ARRA.  My response has always been, and remains, that these questions can not be answered until the exact definition of "meaningful use" is fleshed out.  However, in the interim, HHS has defined "eligible professional" in the following ways:


For the Medicare Incentives
:

A physician as defined in section 1861(r) of the Social Security Act, which includes the following five types of professional:

  1. Doctor of medicine or osteopathy
  2.  Doctor of dental surgery or medicine
  3. Doctor of podiatric medicine
  4. Doctor of optometry
  5. Chiropractor

For the Medicaid Incentives:

  • Physicians
  • Dentists
  • Certified nurse-midwives
  • Nurse Practitioners
  • Physician Assistants who are participating in Federally Qualified Health Centers or Rural Health Clinics led by physician assistants.

I hope that helps to clear up some of the confusion.

One Step Closer to a National EHR Certification System

As noted in a previous post, only providers using nationally certified EHR systems will be eligible for the financial incentives available under the ARRA.  Currently, there are no nationally certified EHR systems, and no certification criteria has been named.

The Certification Commission for Healthcare Information Technology (“CCHIT”), a recognized certification body for electronic health records (“EHR”), has submitted its proposed EHR certification criteria(pdf), which maps the requirements of an ARRA qualified EHR, to the HIT Standards Committee for review and approval.  CCHIT anticipates feedback on the proposed certification criteria by August 26, 2009, and will begin accepting applications from EHR vendors shortly after receiving the anticipated “green light.”

CCHIT has already named many EHR vendors as “CCHIT Certified 08,” but this certification does not have any connection to the national certification required under the ARRA, and does not guarantee eligibility for the financial incentives.
 

EHR Incentive Payments Contingent on "Meaningful Use" of EHR Software

The most common question posed by private medical practices concerning the incentive payments available under the American Recovery and Reinvestment Act ("ARRA") goes something along the lines of: "how do you actually get the money"? 

Well, as you can imagine, the government won't just mail you a check.  Non-hospital based providers will be eligible to receive up to $44,000.00 in bonus payments from Medicare, over an above the allowed Medicare charges.  The incentive payments will either be broken down into several partial payments throughout the calender year, or they will be paid in a lump sum; the technicalities are yet to be worked out.

However, in order to be eligible for the incentive payments, providers must make "meaningful use" of their EHR software.  “Meaningful use” is not specifically defined in the ARRA, but the ARRA does give the Secretary of Health and Human Services (HHS) advisory guidance regarding how to determine its meaning.

On April 29, 2009, the National Committee on Vital and Health Statistics, the key advisory panel to HHS on Health Information Technology, held a two-day hearing on "meaningful use" of EHR systems.  To date, no determination as to the definition of "meaningful use" has been made, but an HHS rulemaking determining its statutory definition is expected this year.

Patients, Pharmacies, Physicians and the E-Prescribing Incentive Program

For those of you wondering whether the cost associated with implementing an e-prescribing software as early as calendar year 2009 outweighs the incentive payment offered under the 2009 Electronic Prescribing Incentive Program, a financial breakdown will be the most useful tool in the decision making process.

While we can agree that e-prescribing will enable prescription of the most medically appropriate and cost effective therapy by offering an exchange of information that includes a patient's medication history, insurance coverage information, drug interaction information, allergy alerts and so forth, the costs associated with incorporating an e-prescribing software may be an unreasonable financial burden for some providers.

Data currently available estimates that a standalone e-prescribing system can range from $50/month to $100/month, per physician (not per practice). To qualify for the incentives, the standalone system must meet the certification criteria established by the Certification Commission for Healthcare Information Technology through its Electronic Prescribing Work Group.  In addition to qualifying for incentives, certification will also ensure that standalone systems are interoperable with any future technology that a practice decides to adopt.

As an alternative, the more sophisticated electronic health records (“EHR”) systems available on the market offer an electronic prescription submission function. However, it may be too early for providers to commit to any particular EHR software because a national certification system for EHR software it yet to be named, and only providers using nationally certified EHR systems will be eligible for the financial incentives offered under the HITECH Act. And for those of you that have not begun testing the EHR systems available in your area, they generally have a purchase price of $25,000 to $45,000 per physician, or a lease price of $250/month to $500/month per physician.

On the incentive side, eligible professionals who are determined to be “successful prescribers,” as outlined on the Electronic Prescribing Incentive Fact Sheet (PDF) may earn an incentive payment equal to 2.0% of the total estimated allowed charges for all covered professional services for reporting year 2009-2010. Centers for Medicare & Medicaid Services (“CMS”) anticipates that the first e-prescribing incentive payments, for reporting year 2009-2010, will be paid as a lump sum in mid-2010.

It is important to note that being deemed a “successful e-prescribers” is no easy task. One e-prescribing measure must be reported in at least 50% of the cases where the measure is applicable during the reporting period, and where at least 10% of the providers Medicare Part B covered services are made up of CPT codes that appear in denominator of e-prescribing measures. The denominator codes are comprised mostly of office visits, consults, psychiatric evaluations, and generally center around diagnosis based visits rather than the course of treatment.

Therefore, the decision of whether to incorporate an e-prescribing software will likely hinge on the size of the providers practice, and whether a 2% incentive payment will result in a return equal to the amount spent on implementing the e-prescribing software into the practice. Providers that currently have billing software with a mechanism for reporting the number of certain procedure codes that were billed during a specific period of time can easily estimate what their 2% incentive return will amount to.

Don't Rush to Buy an EHR System Just Yet!

Under the newly enacted Health Information Technology for Economic and Clinical Development Act (“HITECH Act”), which can be found under Title XIII of the American Recovery and Reinvestment Act of 2009 (pdf), providers are eligible to receive up to $44,000.00 in financial incentives for implementing an electronic health records system (“EHR” system) as early as 2011.

However, only providers using nationally certified EHR systems will be eligible for these financial incentives. As of today’s date, there are no nationally certified EHR systems, and no certification criteria has been named. Further, the HITECH Act only mandates that an initial set of standards for certification criteria be adopted by December 31, 2009. As such, it could be months before providers can purchase a nationally certified EHR system.

Nevertheless, providers should begin conducting their search for an EHR system as soon as possible. Today, there are a variety of EHR systems on the market, many of which incorporate practice management tools such as patient schedulers, accounting reports and electronic prescription submission into the software package. Demonstrations by sales representatives, as well as individual software testing, can take up to a few hours each time, so the sooner that providers begin researching and testing these EHR systems, the easier it will be to make a decision when the time to purchase an EHR system comes.