August 2006

OIG and CMS Adopt Final Regulations Permitting Donation of e-Prescribing and Electronic Health Records Technology

By Gerry Hinkley, Allen E. Briskin and Jill H. Gordon
Published by DWT's Health Information Technology Group

SEATTLE, WA USA -- HIT/HIPAA UPDATE NEWS SERVICE(TM) -- AUGUST 18, 2006: The Office of Inspector General of HHS (OIG) and Centers for Medicare and Medicaid Services (CMS), with some prompting from Congress, on Aug. 8, 2006, each published the long-awaited final regulations creating parallel safe harbors to the Anti-kickback Statute (AKS) and exceptions to the Stark law regarding health information technology. The regulations may open the doors to nonmonetary donations of technology to physicians and other health care providers, enabling their adoption of e-prescribing and electronic health records (EHRs). The new rules will become final Oct. 10, 2006. Pending Congressional action to reconcile the health information technology bills passed by the Senate and the House and pre-empt the new rules appears unlikely to occur before Congress adjourns for the November elections. Continue reading...


Gerry Hinkley
San Francisco, California
(415) 276-6530

Allen E. Briskin
San Francisco, California
(415) 276-6516

Jill H. Gordon
Los Angeles, California
(213) 633-6882