Proposed EHR Certification Program Won't Inhibit Innovation, Says Blumenthal

The multi-phase system is designed to enable eligible professionals and hospitals to implement certified EHRs in time to qualify for the initial set of meaningful use incentives, which are set to begin as early as October for hospitals, and January 1, 2011 for eligible professionals.

The phased method is a sound way for HHS to work within the regulatory timelines put in place by the HITECH Act, says Frank Ruelas, director of compliance and risk management at Maryvale Hospital and principal of HIPAA Boot Camp in Casa Grande, AZ. "It's an ambitious program, so this approach works well."

Because HHS made such a conscious effort to solicit input from so many different parties and such a wide variety of stakeholders, it injected an element of practicality into the rule, according to Ruelas. In addition, the rule takes care to consider the evolving meaningful use criteria and how the adoption of future criteria may affect the certification status of EHR systems or modules, he says.

One element of the program the healthcare community is likely to find particularly helpful is the proposed master "certified HIT products list" that the ONC plans to have publicly available on its Web site.

"This ONC master list will help folks accurately identify genuinely certified products that may help meet their needs, such as in achieving meaningful use," says Ruelas.

The ONC expects it will add additional features to the Web site over time, such as interactive functions that would allow providers to review combinations of certified EHR modules to verify that they would comprise a certified EHR technology.

Interested parties will have 30 days after the proposed rule's publication in the Federal Register to comment on the proposed temporary program, and 60 days to comment on the proposed permanent program. You can submit comments electronically at www.regulations.gov.

Blumenthal made it clear that HIT leaders must step forward to provide feedback for the proposed rules; throughout the document, there are questions directed at HIT leaders and requests for feedback.  "We want you to continue to be leaders and we will follow your lead," he said.

With the release of the proposed rule, the focus now shifts from policy to the process of implementation, said Blumenthal, who expects the release of the three related EHR meaningful use final rules later this spring. His soon-to-be expanded office will now begin working on the next iteration of meaningful use.

"That is a huge job. We are going to have to grow considerably to make that happen," he said.

Editor's note: For more information, visit the HHS Web site. Several helpful documents are available, including a list of FAQs and a Fact Sheet regarding the proposed rule.