FILED 11/02/2017 1:21 PM ARCHIVES DIVISION SECRETARY OF STATE

Similar documents
FILED 11/30/2017 9:05 AM ARCHIVES DIVISION SECRETARY OF STATE

FILED 11/30/2017 4:08 PM ARCHIVES DIVISION SECRETARY OF STATE

FILED 12/01/2017 1:43 PM ARCHIVES DIVISION SECRETARY OF STATE

FILED 01/25/ :12 AM ARCHIVES DIVISION SECRETARY OF STATE

IN THE SUPREME COURT OF THE STATE OF OREGON

NH State Medicaid HIT Plan

Health Information Technology Provisions in the Recovery Act

OVERVIEW OF APA RULEMAKING

Case 3:18-cv AC Document 1 Filed 10/26/18 Page 1 of 17

BUDGET.

Information Memorandum Transmittal

Debt Ceiling Legislation: The Budget Control Act of 2011

(a) There is no longer a current support order and arrearages are under $500 or unenforceable under state law;

OREGON UNIVERSITY SYSTEM

The Medicaid Citizenship Documentation Requirement One Year Later

F requently Asked Questions Section 6402(h) of the Patient Protection and Affordable Care Act March 2011

Increasing HIT through the Economic Stimulus Bill

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 H 3 HOUSE BILL 372 Committee Substitute Favorable 6/11/15 Committee Substitute #2 Favorable 6/18/15

ATTACHMENT D Member Grievances and Appeals And Provider Complaints and Appeals

Medicare Program; Public Meeting on July 16, 2015 regarding New and Reconsidered

Due Process Grievance and Appeal

CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED)

Update on the SGR fix

Medicare Program; Public Meeting on June 25, 2018 Regarding New and Reconsidered

Rural Health Coordinating Council BYLAWS. Article I - Name

STATE OF OREGON LEGISLATIVE COUNSEL COMMITTEE

Members of the Board: Approval for an Amendment State of Oregon Intergovernmental Agreement Number

INFORMATION ON FILING A PETITION FOR JUDICIAL REVIEW

I N I T I A T I V E P E T I T I O N

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. House Bill 4163 CHAPTER... AN ACT

FIDA Integrated Appeal and Grievance Process FAQ

Children, Adults and Families

Department of Human Services, Office of Licensing and Regulatory Oversight 411

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. Senate Bill 1565

CARIBBEAN COURT OF JUSTICE APPELLATE JURISDICTION RULES 2017

THIRD AMENDED AND RESTATED AGREEMENT FOR INDIGENT CARE SERVICES BETWEEN INDIAN RIVER COUNTY HOSPITAL DISTRICT AND INDIAN RIVER MEMORIAL HOSPITAL, INC.

I N I T I A T I V E P E T I T I O N

Erie County DSS Fair Hearing Training for CASA, Medicaid and Food Stamp workers

AMERICAN RECOVERY & REINVESTMENT ACT OF 2009 TITLE XIII HEALTH INFORMATION TECHNOLOGY ANALYSIS OF PRIVACY AND SECURITY REQUIREMENTS (SUBPART D)

Broadcast to All DPA Staff, DPA State Associates, and OCS Eligibility Staff From Policy and Program Development

BYLAWS Midwest Kidney Network

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. House Bill 3470 CHAPTER... AN ACT

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013

I N I T I A T I V E P E T I T I O N

BEFORE THE ALASKA OFFICE OF ADMINISTRATIVE HEARINGS ON REFERRAL BY THE COMMISSIONER OF HEALTH AND SOCIAL SERVICES

MNsure. DRAFT Procurement Policies and Procedures. Section 1. Statement of Purpose. Section 2. Statutory Authority. Section 3. Conflicts of Interest

Organization and Governance of Local Public Health & Other Human Services Agencies Summary of S.L (H 438)

MOUNT SINAI HEALTH PARTNERS IPA, LLC

Virtual Mentor American Medical Association Journal of Ethics April 2008, Volume 10, Number 4:

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

HITECH Answers Overview 2012

2010 Education Appropriations Guide

THIRD AMENDED AND RESTATED BYLAWS OF UNIVERSITY PHYSICIANS, INC. ARTICLE I PURPOSES AND OBJECTIVES

STATE OF OREGON DEPARTMENT OF CONSUMER AND BUSINESS SERVICES INSURANCE DIVISION

I N I T I A T I V E P E T I T I O N

American Hospital Association Federal Update November 11, 2014

OREGON UNIVERSITY SYSTEM, UNIVERSITY OF OREGON

Federal Affairs. Public Policy Event Calendar

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 2679 SUMMARY

University Medical Center of Southern Nevada Governing Board May 30, 2018

Oregon Theodore R. Kulongoski, Governor

IN THE SENATE OF THE UNITED STATES 114th Cong., 2d Sess. S. 1878

COMMUNITY MENTAL HEALTH OF OTTAWA COUNTY RECIPIENT RIGHTS Page 1 of 11 SECTION: 4 SUBJECT: RECIPIENT RIGHTS EXECUTIVE DIRECTOR

One Hundred Eleventh Congress of the United States of America

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 SESSION LAW HOUSE BILL 372

The Public Voice in Health Care Reform: The Rulemaking Process

Oregon Theodore R. Kulongoski, Governor

Health Information Exchange Coordinating Committee Meeting Minutes

Contact: CMS Public Affairs July 06, 2006 (202) HHS ISSUES FINAL REGULATIONS WITH COMMENT ON CITIZENSHIP GUIDELINES FOR MEDICAID ELIGIBIITY

NOTICE OF REQUEST FOR PROPOSALS FOR ARCHITECTURAL AND RELATED SERVICES. This is a REQUEST FOR PROPOSAL by UMATILLA SCHOOL DISTRICT

APPEALS AND GRIEVANCES Section 7. Overview

Policy Transmittal Office of Self-Sufficiency Programs

IN THE WAKE OF THE SCOTUS'S AFFORDABLE CARE ACT DECISION: WHAT'S NEXT FOR HEALTH CARE PROVIDERS? [OBER KALER]

COMPILATION OF STATE PRESCRIPTION MONITORING PROGRAM MAPS

Oregon Theodore R. Kulongoski, Governor

STATE BOARD OF EDUCATION POLICY & PROCEDURE MANUAL. Adopted August 2007

North Carolina Dermatology Association 2018 SUMMER MEETING SATURDAY PRESENTATIONS. July 13-15, 2018 Omni Grove Park Inn Resort Asheville, NC

North Carolina Dermatology Association 2018 SUMMER MEETING SATURDAY HANDOUTS. July 13-15, 2018 Omni Grove Park Inn Resort Asheville, NC

Case 1:14-cv WSD Document 62 Filed 08/06/15 Page 1 of 9

RENOWN HEALTH NETWORK POLICY

CONTRACT FOR SERVICES

- 79th Session (2017) Assembly Bill No. 440 Assemblyman Yeager

Health Policy Briefing

The U.S. Supreme Court Decision & Patient Protection and Affordable Care Act: What It Means for Clinical Gastroenterology

Updated July 15, 2015 DEPARTMENT OF HUMAN SERVICES, DIVISION OF MEDICAL SERVICES

Independent Payment Advisory Board (IPAB)

REFUGEE AND ENTRANT ASSISTANCE DISCRETIONARY GRANTS. U. S. Department of Health and Human Services Administration for Children and Families

Medicare Program; Certain Changes to the Low-Volume Hospital Payment. Acute Care Hospitals for Fiscal Years 2011 through 2017

PUBLIC HEALTH (AUTOMATIC EXTERNAL DEFIBRILLATORS) REGULATIONS 2006 BR 5 / 2006 PUBLIC HEALTH ACT : 24

MISSISSIPPI MEDICAID SUPPLEMENTAL DRUG REBATE AGREEMENT

Path to permanent residence: There are many foreign national physicians working in the United States on H-1B non-immigrant visas.


City Records Retention Schedule. What have you done and how do I use it now?

PARLIAMENTARY ASSEMBLY OF BOSNIA AND HERZEGOVINA 308 LAW ON AMENDMENTS TO THE LAW ON THE PROTECTION OF PERSONAL DATA

CHARLOTTE PROBATE & GUARDIANSHIP BEST PRACTICES PAPER SUBMISSION OF PROPOSED ORDERS January 22, 2018

Case: 1:92-cv Document #: 533 Filed: 06/30/17 Page 1 of 10 PageID #:3249

Department of Health & Human Services (DHHS) Centers for Medicare & Medicaid Services (CMS) Transmittal 806 Date: July 6, 2018

Tra Chella Johnson-Foy, M.D., Chair

Oregon Theodore R, Kulongoski, Governor

School Law for Board Members

Transcription:

OFFICE OF THE SECRETARY OF STATE DENNIS RICHARDSON SECRETARY OF STATE LESLIE CUMMINGS DEPUTY SECRETARY OF STATE TEMPORARY ADMINISTRATIVE ORDER INCLUDING STATEMENT OF NEED & JUSTIFICATION DMAP 46-2017 CHAPTER 410 OREGON HEALTH AUTHORITY HEALTH SYSTEMS DIVISION: MEDICAL ASSISTANCE PROGRAMS ARCHIVES DIVISION MARY BETH HERKERT DIRECTOR 800 SUMMER STREET NE SALEM, OR 97310 503-373-0701 FILED 11/02/2017 1:21 PM ARCHIVES DIVISION SECRETARY OF STATE FILING CAPTION: Update Rules Governing Payment for the Medicaid EHR Incentive Program EFFECTIVE DATE: 11/02/2017 THROUGH 04/30/2018 AGENCY APPROVED DATE: 11/02/2017 CONTACT: Stacey Weight 503-602-3259 STACEY.J.WEIGHT@dhsoha.state.or.u s 500 Summer St. NE Salem,OR 97301 Filed By: Sandy Cafourek Rules Coordinator NEED FOR THE RULE(S): The Division needs to amend these rules as new federal legislation from the Centers for Medicare and Medicaid Services (CMS) and updates to Oregon s Medicaid State Plan Amendment affects how providers are eligible for the Medicaid EHR Incentive Program. These rules include changes for the 90-day EHR reporting period in 2018-2019. The temporary rule is needed as the changes are effective on October 1, 2017. JUSTIFICATION OF TEMPORARY FILING: The Authority finds that failure to act promptly will result in serious prejudice to the public interest, the Authority, and recipients of Medicaid benefits. The rule changes became effective on October 1, 2017 and impact providers for program years 2017 and later. There are also minor clarifications to wording throughout the rule. These rules need to be adopted promptly as providers are currently attesting for 2017. DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE: Federal Register Vol 77 October 23, 2012 http://www.gpo.gov/fdsys/pkg/fr-2012-10-23/pdf/fr-2012-10-23.pdf Federal Register Vol 77 September 4, 2012 - http://www.gpo.gov/fdsys/pkg/fr-2012-09-04/pdf/2012-21050.pdf Federal Register Vol 75 July 28, 2010- http://www.gpoaccess.gov/fr/index.html. Federal Register Vol 75 December 29, 2010- http://www.gpoaccess.gov/fr/index.html. CMS State Medicaid Director letter SMD #10-016- http://www.cms.gov/smdl/smd/list.asp#topofpage RULES: 410-165-0000, 410-165-0080 AMEND: 410-165-0000 RULE TITLE: Basis and Purpose RULE SUMMARY: The Division needs to amend these rules as new federal legislation from the Centers for Medicare

and Medicaid Services (CMS) and updates to Oregon s Medicaid State Plan Amendment affects how providers are eligible for the Medicaid EHR Incentive Program. These rules include changes for the 90-day EHR reporting period in 2018-2019. RULE TEXT: (1) These rules (OAR chapter 410, division 165) govern the Oregon Health Authority (Authority), Health Systems Division (Division), Medicaid Electronic Health Record (EHR) Incentive Program. The Medicaid EHR Incentive Program provides incentive payments consistent with federal law concerning such payments to eligible providers participating in the Medicaid program who adopt, implement, upgrade, or successfully demonstrate meaningful use of certified EHR technology and who are qualified by the program. (2) The Medicaid EHR Incentive Program is implemented pursuant to: (a) The American Reinvestment and Recovery Act of 2009, Pub. L. No. 111-5, section 4201; (b) The Centers for Medicare and Medicaid Services (CMS) federal regulation 42 CFR Part 495 (2010, 2012, 2014, and 2015) pursuant to the Social Security Act sections 1903(a)(3)(F) and 1903(t); (c) The Division s General Rules program, OAR chapter 410, division 120; (d) The Authority s Provider Rules, OAR chapter 943, division 120. (3) The following retroactive effective dates apply to these rules: (a) For all sections in these rules that refer to pediatric optometrists, the effective date is July 1, 2016; (b) For rule 410-165-0080 that refers to: (A) CMS federal regulation 42 CFR Part 495 (2016), the effective date is January 1, 2017; (B) CMS federal regulation 42 CFR Part 495 (2017), the effective date is October 1, 2017. (c) For all sections in these rules that refer to naturopathic physicians, the effective date is May 2, 2017; (d) For eligible hospitals, except for sections and references in these rules applicable under section (3)(a) or (b) above, the effective date is October 1, 2013, which is also the start date for program year 2014; (e) For eligible professionals, except for sections and references in these rules applicable under section (3)(a) or (b) above, the effective date is January 1, 2014, which is also the start date for program year 2014. STATUTORY/OTHER AUTHORITY: ORS 413.042 STATUTES/OTHER IMPLEMENTED: ORS 413.042, 414.033

AMEND: 410-165-0080 RULE TITLE: Meaningful Use RULE SUMMARY: The Division needs to amend these rules as new federal legislation from the Centers for Medicare and Medicaid Services (CMS) and updates to Oregon s Medicaid State Plan Amendment affects how providers are eligible for the Medicaid EHR Incentive Program. These rules include changes for the 90-day EHR reporting period in 2018-2019. RULE TEXT: (1) An eligible provider shall demonstrate being a meaningful EHR user as prescribed by 42 CFR 495.4 (2010, 2012, 2015, and 2016), 42 CFR 495.6 (2010, 2012, and 2014), 42 CFR 495.8 (2010, 2012, and 2014), 42 CFR 495.20 (2015), 42 CFR 495.22 (2015 and 2016), 42 CFR 495.24 (2015 and 2016), and 42 CFR 495.40 (2015 and 2016): (a) For eligible providers demonstrating meaningful use under the program in Stage 1 prior to December 15, 2015, to comply with 42 CFR 495.8, the State of Oregon requires the eligible provider to satisfy the objective Capability to submit electronic data to immunization registries or immunization information systems and actual submission in accordance with applicable law and practice; (b) For eligible hospitals: (A) If CMS deems an eligible hospital to be a meaningful EHR user for the Medicare EHR Incentive Program for a program year, the eligible hospital is automatically deemed to be a meaningful EHR user for the program for the same program year; (B) An eligible hospital deemed to be a meaningful EHR user by CMS for a program year does not have to meet the requirements specified in section (1)(a) for the program for the same program year. (2) As prescribed by 42 CFR 495.4 (2010, 2012), the following meaningful use EHR reporting periods shall be used by eligible providers that are demonstrating meaningful use to the program for: (a) Program years 2011, 2012, and 2013: (A) Eligible professionals: (i) For the first time, either: (I) Any continuous 90-day period in the calendar year; or (II) The calendar year. (ii) For a subsequent time: the calendar year. (B) Eligible hospitals: (i) For the first time, either: (I) Any continuous 90-day period in the federal fiscal year; or (II) The federal fiscal year. (ii) For a subsequent time, the federal fiscal year. (b) Program year 2014: (A) Eligible professionals, either: (i) Any continuous 90-day period in calendar year 2014; or (ii) Any of the following 3-month periods: (I) January 1, 2014 through March 31, 2014; (II) April 1, 2014 through June 30, 2014; (III) July 1, 2014 through September 30, 2014; or (IV) October 1, 2014 through December 31, 2014. (B) Eligible hospitals, either: (i) Any continuous 90-day period in federal fiscal year 2014; or (ii) Any of the following 3-month periods: (I) October 1, 2013 through December 31, 2013; (II) January 1, 2014 through March 31, 2014;

(III) April 1, 2014 through June 30, 2014; or (IV) July 1, 2014 through September 30, 2014. (3) As prescribed by 42 CFR 495.4 (2015, 2016), the following meaningful use EHR reporting periods shall be used by eligible providers that are demonstrating meaningful use to the program for: (a) Program year 2015, prior to December 15, 2015: (A) Eligible professionals attesting for the first year, either: (B) Eligible professionals attesting for a subsequent year, the calendar year; (C) Eligible hospitals attesting for the first year, either: (i) Any continuous 90-day period in the federal fiscal year; or (ii) The federal fiscal year. (D) Eligible hospitals attesting for a subsequent year, the federal fiscal year. (b) Program year 2015, on or after December 15, 2015, any continuous 90-day period in the calendar year; (c) Program year 2016 before January 1, 2017: (B) A subsequent year, the calendar year. (d) Program year 2016 after January 1, 2017: (A) Any continuous 90-day period in the calendar year; or (B) The calendar year. (4) As prescribed by 42 CFR 495.4 (2017), the following meaningful use EHR reporting periods shall be used by eligible providers that are demonstrating meaningful use to the program for: (a) Program year 2017 before October 1, 2017: (B) A subsequent year: (ii) The calendar year for meaningful use objectives; and (iii) A calendar year for the Clinical Quality Measures. (b) Program year 2017 on or after October 1, 2017: (A) Any continuous 90-day period in the calendar year; or (B) The calendar year. (c) Program year 2018: (B) A subsequent year: (ii) The calendar year for meaningful use objectives; and (iii) A calendar year for the Clinical Quality Measures. (d) Program year 2019:

(B) A subsequent year, the calendar year. STATUTORY/OTHER AUTHORITY: ORS 413.042 STATUTES/OTHER IMPLEMENTED: ORS 413.042, 414.033