Stay up to date on the rules governing EMR donations

Contract Language. By Steven M. Harris, AMNews contributor. June 5, 2006.

CONTRACT LANGUAGE

A column examining the ins and outs of contract issues

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While there can be many benefits for physicians who install electronic medical records systems and electronic prescribing systems in their offices, the technology also can add some legal and regulatory risks if doctors aren't careful.

In order to avoid potential pitfalls as you set up your EMR, make sure you continue to monitor the evolving regulatory landscape. You should pay close attention to proposed changes to Stark and anti-kickback statute regulations and the expansion of e-health in order to protect patient confidentiality, EMRs and your practice.

The pitfalls mostly relate to what happens if someone other than you and your practice is paying for an e-health system, and how electronic records are shared. There are efforts to iron out the legal wrinkles related to that kind of situation. The Centers for Medicare & Medicaid Services has proposed new Stark and anti-kickback rules which are intended to create flexibility for health care entities to finance and support e-prescribing and EMR adoption. The enforcement of the Stark self-referral laws and the anti-kickback statute has been identified as a barrier to EMR adoption.

CMS and the Office of Inspector General have responded to congressional direction in the Medicare Modernization Act to create an exception and safe harbor for e-prescribing, by issuing six proposed rules, three Stark self-referral exceptions and the three parallel anti-kickback safe harbors. This column will briefly describe the proposed federal regulations and explore key areas you should address in your contracts when utilizing EMR.