Proposed Legislation Would Remove the “Pass-Fail” Approach to Meaningful Use Attestation

Legislation introduced on July 30, 2015 by Congresswoman Renee Ellmers seeks to eliminate the “pass-fail” approach to meaningful use attestation.  The proposed Further Flexibility in HIT Reporting and Advancing Interoperability Act (Flex-IT 2 Act) would require the Department of Health and Human Services (HHS) to establish a method to determine whether an eligible professional is a “partial meaningful user consistent with a linear scale.”  The legislation would also require HHS to take into consideration differences among professionals, such as differences in specialties and patient populations.  If passed, this legislation would protect providers from losing all meaningful use incentive money due to the failure to meet just one measure.

The proposed legislation would also:

  • Delay Meaningful Use Stage 3 Rulemaking until at least 2017, or until MIPS rules are finalized, or at least 75 percent of doctors and hospitals are successfully meeting the Stage 2 Meaningful Use requirements;
  • Harmonize reporting requirements with other programs;
  • Institute a 90 day reporting period for each year;
  • Encourage operability among EHR systems; and
  • Broaden the hardship exceptions.

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