EHR Safe Harbor and Exceptions Extended

By: Fred Segal

On April 10, 2013, the Officer of the Inspector General (OIG) and the Centers for Medicare & Medicaid Services (CMS) proposed three year extensions to the Anti-Kickback Safe Harbor and Stark Law exception regarding donations of electronic health records (EHR) software and equipment to hospitals. The nearly identical proposed amendments would extend the Anti-Kickback Statute and Stark Law protections for donations of EHR equipment to physicians until December 31, 2016. The protections were originally to sunset on December 31, 2013.

The EHR exception and safe harbor were originally released in 2006. The regulations protect certain types of donations of EHR technology and training services to physicians and hospitals.

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