In addition to meeting the requirements of section 17b-34-3 of the Regulations of Connecticut State Agencies, an EP shall meet the following requirements in order to be eligible to participate in the EHR Incentive Program:

1. (1) Comply with all applicable requirements of 42 CFR 440, be licensed pursuant to Title 20 of the Connecticut General Statutes and act within the EP’s scope of practice under state law.

2. (2) Except for the first payment year as provided in subdivision (3) of this section, satisfy the requirements for meaningful use, as follows:

   1. (A) Unless otherwise provided in 42 CFR 495.6(a), an EP shall meet:

3. (i) All of the objectives and associated measures in 42 CFR 495.6(d), (ii) five objectives of the EP’s choice from the objectives in 42 CFR 495.6(e) and (iii) if applicable, the criteria in 42 CFR 495.6(h); and

   1. (B) as provided in 42 CFR 495.8(a), an EP shall attest, in a manner specified by the department, that the EP satisfies each of the applicable objectives and associated measures required pursuant to 42 CFR 495.6(a).

   2. (3) In the first payment year only, an EP may either satisfy the requirements for meaningful use provided in subdivision (2) of this section or the EP may demonstrate that the EP has adopted, implemented or upgraded an EHR system during the payment year by attesting that:

      1. (A) The EP has adopted, implemented or upgraded certified EHR technology; and
      2. (B) the EP meets the applicable patient volume requirements in 42 CFR 495.304.

   3. (4) Except as otherwise provided in subdivision (3) of this section, for program years one through six, an EP shall attest not more than ninety days after the close of each program calendar year that the EP has met the requirements for meaningful use of certified EHR technology, as follows:

      1. (A) In program calendar years one and two, the EP shall attest to meeting the objectives and associated measures of meaningful use criteria in subdivision (2) of this section for any continuous ninety-day period within such program calendar year; and
      2. (B) in program calendar years three through six, the EP shall attest to meeting the objectives and associated measures of meaningful use criteria in subdivision (2) of this section for the entirety of each program calendar year.
   4. (5) An EP shall submit the information described in 42 CFR 495.10 to the department in the manner specified by CMS.

(Effective January 13, 2013)