Medicare and Medicaid Programs; Electronic Health Record Incentive Program

Docket ID: CMS-2009-0117
Agency: Centers for Medicare Medicaid Services (CMS)
Parent Agency: Department of Health and Human Services (HHS)
This rule would implement provisions of the American Recovery Act of 2009 (Recovery Act) that authorize incentive payments to eligible professionals (EPS) and eligible hospitals participating in the Medicare and Medicaid programs for adopting and becoming meaningful users of certified electronic health records (HER) technology. In accordance with the Recovery Act, the rule will establish maximum annual incentive amounts and include Medicare penalties for failing to meaningfully use EHRs beginning in 2015.
RIN: 0938-AP78
Impacts and Effects: Energy
CFR Citation: 42 CFR 412 and 413,42 CFR 422 and 495
Priority: Economically Significant
UA and Regulatory Plan Information open glossary dialog  
Publication Period: Fall 2010
Agenda Stage of Rulemaking: Completed Action
Major Rule: Yes
Legal Authorities: PL 111-5 (The American Recovery and Reinvestment Act of 2009, Title IV of Division B, Medicare and Medicaid Health Information Technology)
Government Levels Affected: State
Federalism Implications: No
Unfunded Mandates: No
Requires Regulatory Flexibility Analysis: Organizations
Small Entities Affected: No
International Impacts: No
Included in Regulatory Plan: No
Legal Deadline
StatutoryOtherDate can start incentive payments to eligible professionals (Medicare).01/01/2011
StatutoryOtherDate can start incentive payments to hospitals (Medicare).10/01/2010
ActionDateFR Citation
NPRM01/13/201075 FR 1843
NPRM Comment Period End03/15/2010
Final Action07/28/201075 FR 44413
Docket Details open glossary dialog  
Related RINs: None
Related Dockets: None
Type: Rulemaking

Primary Documents

View All  (4)
Comment Period Closed
Aug 27, 2010 11:59 PM ET
Posted: 07/28/2010
ID: CMS-2009-0117-1997
Comment Period Closed
Mar 15, 2010 11:59 PM ET
Proposed Rule
Posted: 01/13/2010
ID: CMS-2009-0117-0002
Comment Period Closed
Jan 13, 2010 11:59 PM ET
Proposed Rule
Posted: 01/07/2010
ID: CMS-2009-0117-0001
Comment Period Closed
Posted: 12/29/2010
ID: CMS-2009-0117-1996

Supporting Documents

No documents available.


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Comments Received*
Regulatory Timeline
Pre Rule
Current Stage
Proposed Rule
Current Stage
Final Rule
Current Stage
Current Stage
Agency Contact
Elizabeth S. Holland
Health Insurance Specialist
Mailstop S2-26-17 7500 Security Boulevard
Baltimore, MD 21244
*This count refers to the total comment/submissions received on this docket, as of 11:59 PM yesterday. Note: Agencies review all submissions, however some agencies may choose to redact, or withhold, certain submissions (or portions thereof) such as those containing private or proprietary information, inappropriate language, or duplicate/near duplicate examples of a mass-mail campaign. This can result in discrepancies between this count and those displayed when conducting searches on the Public Submission document type. For specific information about an agency’s public submission policy, refer to its website or the Federal Register document.