Understanding the HITECH Act:The Stimulus Bill, EHR and You

On February 17, 2009, President Obama signed2013 are eligible for a maximum of $39,000 per
the American Recovery and Investment Act ofphysicians; those who show meaningful use in
2009. The HITECH (Health Information2014 are eligible for a maximum of $24,000 per
Technology for Economic and Clinical Health) Act isphysician; and those who show meaningful use
part of this legislation and is designed tobeginning in 2015 or later will not be eligible for
encourage physicians and other healthcareincentive payments.
organizations to adopt and use (in a meaningful- Providers who do not show “meaningful
way) Electronic Health Records (EHR).use” of an EHR by 2014 will see a reduction in
The HITECH Act will be administered by thetheir Medicare payments beginning in 2015 as
Office of the National Coordinator for Healthfollows:
Information Technology (ONC) and appropriates2015 – 1% reduction
$19.2 Billion dollars, most of which will be used as2016 – 2 % reduction
incentive money for hospitals and physicians who2017 – 3% reduction
adopt Electronic Health Records. The incentiveSubsequent years – 3 to 5 percent
payments are structured in a way that rewards 
early adopters and ultimately penalizes thoseThe Medicaid Program:
physicians who have not implemented an EHR by- To be eligible to receive incentive payments
reducing their Medicare payments beginning infrom Medicaid, eligible professionals must
2015.demonstrate that a minimum of 30 percent (20
Incentive funds will be distributed through bothpercent for pediatricians) of their patients are
Medicare and Medicaid to physicians and hospitalscovered by Medicaid.
who are “meaningful EHR users.”- Since Medicaid is administered by the states, the
Physicians will be able to choose programcriteria will vary among states. However, the
participation through either Medicare or Medicaidrequirements must be acceptable to the
but can participate in only one of the programs,Secretary of HHS and aligned with the ones used
not both.by Medicare.
According to the CMS website, the criteria for- Eligible professionals can receive up to 85
incentives are still under development but thepercent of the net average allowable costs for
HITECH Act specifically states that the followingcertified EHR technology, including training and
conditions for meaningful use must be met:support up to a total of $64,000 in payments
1. The EHR must use certified technology;over 5 years. First year costs are applied to the
2. The EHR must include ePrescribing;purchase, installation and training of the certified
3. The EHR must allow for the “electronicEHR system.
exchange of health information to improve the- Incentive payments are available as follows:
quality of health care”;First Year - $25,000
4. The EHR must be able to submit clinical qualitySecond Year - $10,000
measures to HHS.Third Year - $10,000
The Medicare Program:Fourth Year - $10,000
- The Recovery Act established financialFifth Year - $10,000
incentives beginning in January 2011 for eligible- Unlike Medicare, payments for adoption do not
professionals who are meaningful EHR users;decrease based on the year the EHR is initially
- The incentive payment is equal to 75 percent ofadopted. Therefore, an eligible professional who
Medicare allowable charges for covered servicesadopts by 2015 will be eligible for the same yearly
furnished by the physician in a year subject toincentive payments as outlined above for a
maximum payments each year as follows:maximum of $64,000.
First year - $15,000- There is no Medicaid reimbursement penalty for
Second year - $12,000not adopting an EHR after 2016.
Third year - $8,000 You will note in the descriptions of each of the
Fourth year - $4,000programs above, the words “eligible,”
Fifth year - $2,000“maximum,” and “up to” are used
- For early adopters whose first payment year isfrequently. Physician practices must factor those
2011 or 2012, the maximum payment is $18,000words into their decision-making process in terms
the first year. What this means is that only earlyof how much of an incentive these programs
adopters are eligible to receive the maximum peractually are and how much incentive money for
physician incentive total of $44,000. Thosewhich they might actually be eligible.
physicians who show meaningful use beginning in