CMS Announces Notice of Proposed Rulemaking for 2014 Certified EHR Technology Flexibility

CMS and ONC announced yesterday a Notice of Proposed Rulemaking ("NPRM") that would grant flexibility to hospitals and providers participating in the Medicare and Medicaid EHR Incentive Programs ("Meaningful Use") and extend Stage 2 through 2016.  The NPRM comes in the wake of concerns from vendors and providers alike that the changes required for 2014 Edition Certified EHR Technology ("CEHRT"), required for all providers in 2014, regardless of Stage, cannot be implemented in time for providers to demonstrate Meaningful Use in 2014. 

The NPRM would grant flexibility to providers having difficulting implementing 2014 Edition CEHRT to use previous 2011 Editions in order to demonstrate Meaningful Use for 2014.  Therefore, providers currently in Stage 1 for 2014 would demonstrate:

  • Stage 1 (2013 Definition) using 2011 Edition CEHRT, or using a combination of 2011 and 2014 Edition CEHRT; or
  • Stage 1 (2014+ Definition) using 2014 Edition CEHRT.

Providers starting Stage 2 in 2014 would demonstrate:

  • Stage 1 (2013 Definition) using 2011 Edition CEHRT, or using a combination of 2011 and 2014 Edition CEHRT;
  • Stage 1 (2014+ Definition) using 2014 Edition CEHRT; or
  • Stage 2 (2014+ Definition) using 2014 Edition CEHRT.

The NPRM also seeks comment on extending Stage 2 through 2016, which would mean the earliest providers could begin Stage 3 would be 2017. 

A copy of the NPRM is available for download here.  A public comment period is in effect for 60 days. 

Webinar: HIPAA and HIT Best Practices for Hospital Executives & Board Trustees

Board Meeting and HIPAA.png

Webinar Topic: Health IT Webinar for Hospital Executives and Board Trustees

Date: May 21, 2014

Time: 8:30 a.m. – 10:00 a.m. EST

Presenter: Helen Oscislawski, Esq.

Register here:

This webinar is designed to provide hospital trustees and executives with a better understanding of Health IT “best practices.” This session offers practical, timely and relevant information to help participants better understand and overcome Health IT challenges that hospitals encounter.

This educational session will cover:

  • OCR’s $279K settlement with Shasta Regional Medical Center stemming from hospital executives disclosing patient’s information to media.
  • What federal enforcers have said about hospital leaders' responsibility for building a culture of HIPAA compliance.
  • Find out can a hospital CEO or board member ever view patient information?
  • Minimum Necessary – Never give ‘em the kitchen sink if they asked for just the fork!
  • The risk of sending electronic patient health information through unsecured e-mail, and is it ever "ok"?
  • What to be careful of when using Social Media, like You Tube, Facebook, for hospital marketing and publicity.
  • Cloud-based vendors and best practices of how to store and transmit your hospital’s patient information in a HIPAA complaint manner.
  • Breaches – the rules, the repercussions and lessons learned from others’ mistakes



June 4, 2014 - Helen is invited by Dr. Deborah Peel, founder of Patient Privacy Rights Org, to speak on a panel discussing Opt-In and Opt-Out of data sharing at the 4th International Privacy Summit  in Washington D.C.  See

June 6, 2014 - Helen will conduct a "HIPAA HITECH Update" workshop geared specifically to New Jersey Substance Abuse and Addiction and Mental Health Providers.  The workshop will also cover the recent guidance and changes at the federal level with regard to networked health information exchange (HIE).  For more info, contact