The corresponding OIG safe harbor is similar. However, consistent with underlying statutory differences, the safe harbor covers a broad array of providers, suppliers, practitioners and health plans when they provide electronic health records technology to physicians and others engaged in the delivery of health care.

Among other conditions, the final rules for arrangements involving the donation of electronic health records technology include a cost-sharing requirement. Recipients are required to pay 15 percent of the cost of the electronic health records technology items and services. In addition, consistent with the President's goal of adoption of electronic health records technology by 2014, the exception and safe harbor protecting arrangements involving the donation of electronic health records will sunset on Dec. 31, 2013.


The electronic prescribing exception was mandated by the MMA and signed into law by President Bush on Dec. 8, 2003. As part of the MMA, Medicare will require Prescription Drug Plans (PDPs) and Medicare Advantage (MA) organizations participating in the new prescription drug benefit to support electronic prescribing. Electronic prescribing will be voluntary for physicians and pharmacies. Although participation by physicians in electronic prescribing is optional, the exception and safe harbor are designed to encourage the adoption of effective electronic prescribing programs and will make electronic prescribing more attractive to physicians.

These CMS and OIG final rules represent a coordinated effort to advance Secretary Mike Leavitt's goal to improve the health care of Medicare beneficiaries through the use of electronic prescribing and electronic health records systems.

The final rules were published in the Federal Register on Aug. 8, 2006. For more information, visit the CMS Web site at www.cms.hhs.gov and the OIG Web site at www.oig.hhs.gov.

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