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CMS & OIG Extend Stark Law Exception for EHR Donation

The Centers for Medicare & Medicaid Services (CMS) and the Office of the Inspector General (OIG) published companion final rules (CMS; OIG) on Friday, December 27th that extends the Stark Law exception to allow hospitals to donate EHRs to physicians and avoid the anti-kickback enforcement as long as 15% of the cost is covered by the physicians. According to iHealthBeat:

  • The rule extends this exception to 12/31/21
  • Laboratory companies cannot donate EHRs under this exception
  • Donating entities cannot restrict the use, compatibility or interoperability of the donated system
  • Removes the requirement that donated software include e-prescribing capabilities meeting Medicare Part D standards

What do you think? Will this encourage more donations of software to physician offices?

photo credit: arturodonate via photopin cc

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