105 Mass. Reg. 130.375

Current through Register 1523, June 7, 2024

Section 130.375 - Electronic Health Records

(A) Definitions applicable to 105 CMR 130.375

Acute Hospital. A hospital with a majority of medical-surgical, pediatric, obstetric, and maternity beds, as defined by the Department.

Centers for Medicare & Medicaid Services (CMS). The agency within the federal Department of Health and Human Services responsible for administering Medicare, Medicaid, and the Children's Health Insurance Program.

Certification Commission for Healthcare Information Technology (CCHIT). The nonprofit organization authorized by the Office of the National Coordinator for Health Information Technology to test and certify EHR technology to the certification criteria specified in 45 CFR Part 170.

Certified Electronic Health Record (Certified EHR) Technology. EHR technology that has been tested and certified by CCHIT or another agency or organization approved by ONC-HIT to test and certify EHR technology.

CMS Stage 1 Meaningful Use Criteria. The Stage 1 meaningful use objectives and measures specified in 42 CFR Part 495 .

CMS Stage 2 Meaningful Use Criteria. The Stage 2 meaningful use objectives and measures specified in 42 CFR Part 495.

Computerized Provider Order Entry(CPOE). A system that enables the provider to directlyenter medication orders, laboratory orders, and radiology orders from a computer or other electronic device. The order is then documented or captured in a digital, structured, and computable format for use in improving the safety and efficiency of the ordering process.

Electronic Health Record (EHR) Technology. Computer technology that records patient health-related information and:

(1) includes patient demographic and clinical health information, such as medical history and problem lists;

(2) has the capacity to:

(a) provide clinical decision support;

(b) support provider order entry;

(c) capture and query information relevant to health care quality;

(d) exchange electronic health information with, and integrate such information from other sources;

(e) protect the confidentiality, integrity and availability of health information stored and exchanged.

Eligible Professional (EP). An eligible professional as defined in 42 CFR 495.100 or a Medicaid eligible professional as defined in 42 CFR 495.304.

Non-acute Hospital. A hospital licensed under 105 CMR 130.000 that is not an acute hospital.

Office of the National Coordinator for Health Information Technology (ONC-HIT). The agency within the federal Department of Health and Human Services responsible for authorizing organizations to test and certify EHR technology to the certification criteria specified in 45 CFR Part 170.

Satellite Community Health Center (SCHC). A satellite unit of a hospital that also is a federally-qualified health center operating in conformance with federal rules for community health centers at 42 U.S.C. 254b and currently participating in the Massachusetts Medicaid program, or a community health center with an active provider agreement with MassHealth under 130 CMR 405.000: Community Health Center Services.

2014 Edition EHR Certification Criteria. The 2014 EHR certification criteria specified in 45 CFR Part 170.

(B)Implementation of Certified Electronic Health Record Technology in Hospitals.

(1) A hospital shall provide documentation to the Department demonstrating that it has implemented Certified Electronic Health Record Technology and that it utilizes CPOE, as specified in 105 CMR 130.375 and in guidelines of the Department.

(2) A hospital shall submit data regarding its implementation and use of Certified EHR Technology, as specified in guidelines of the Department.

(3) An acute care hospital shall:

(a) register and attest to compliance with CMS Meaningful Use Criteria, as specified in guidelines of the Department; and

(b) utilize CPOE as specified in 42 CFR Part 495 and guidelines of the Department.

(4)Non-acute hospitals. A non-acute hospital shall:

(a) implement Certified EHR Technology, as specified in 45 CFR Part 170 and in guidelines of the Department; and

(b) utilize CPOE, as specified in guidelines of the Department.

(5)Documentation of Meaningful Use.

(a) A hospital shall, upon request of the Department, submit documentation to the Department pertaining to the hospital's use of Certified EHR Technology, Medicare payment adjustments, and CMS registration and attestation, as specified in guidelines of the Department.

(b) A hospital shall keep documentation supporting its demonstration of meaningful use for six years following the EHR reporting period, as defined in 42 CFR 495.4.

(C)Implementation of Certified EHR Technology in Satellite Community Health Centers.

(1) A hospital licensed to operate a Satellite Community Health Center shall provide documentation to the Department demonstrating that the SCHC has implemented Certified EHR Technology, that its eligible professionals have registered with CMS and attested to compliance with CMS EHR Meaningful Use Criteria, and that it utilizes CPOE, as specified in 105 CMR 130.375 and in guidelines of the Department.

(2) No later than October 1, 2016, an SCHC shall:

(a) implement Certified EHR Technology, as specified in 45 CFR Part 170 and in guidelines of the Department;

(b) attest that at least 70% of eligible professionals employed by the SCHC have registered with CMS and attested to compliance with CMS Stage 1 meaningful use criteria, as specified in guidelines of the Department; and

(c) utilize CPOE, as specified in guidelines of the Department.

(3) After October 1, 2016 the Department may require that a higher percentage of eligible professionals employed by the SCHC register with CMS, attest to compliance with CMS EHR meaningful use criteria, and utilize CPOE as specified in guidelines of the Department.

(4)Review of Meaningful Use.

(a) A SCHC shall, upon request of the Department, submit documentation to the Department pertaining to its use of Certified EHR Technology and meaningful use by eligible professionals, as specified in guidelines of the Department.

(b) A SCHC shall keep documentation supporting its eligible professionals' demonstration of meaningful use for six years following the EHR reporting period, as defined in 42 CFR 495.4.

105 CMR 130.375

Amended by Mass Register Issue 1343, eff. 4/7/2017.