OIG Proposes Changes to EHR Safe Harbor, Extension of Sunset Date

The U.S. Department of Health and Human Services’ Officer of Inspector General (OIG) has issued a proposed rule that would update certain aspects of the electronic health records (EHRs) safe harbor regulation and extend its sunset date. If finalized, the proposed rule would amend the current safe harbor regulation by updating the provision under which EHR software is deemed interoperable. It would also remove the requirement related to electronic prescribing capability from the safe harbor regulation because OIG believes that there are sufficient alternative policy drivers supporting the adoption of electronic prescribing capabilities. In addition, the proposed rule would extend the sunset date of the safe harbor regulation to December 31, 2016.