PURPOSE: The Health Information Technology and Clinical Health Act (HITECH) offers incentive payments to encourage eligible professionals and hospitals to adopt certified Electronic Health Records (EHRs). This rule establishes the basis on which eligible hospitals and professionals participating in the MO HealthNet Program will be eligible to receive payments when they successfully demonstrate that they have adopted, implemented, or upgraded to certified EHR technology in the first year and meaningfully use certified electronic health record technology in subsequent years.

1. (1) Definitions. Patient volume shall be calculated as outlined in 42 CFR 495.302–495.306.

2. (2) Eligible Providers. To qualify for Medicaid incentive payments during the first year, eligible professionals and hospitals must complete registration and attestation requirements, meet volume thresholds for Medicaid patients, and show that they have adopted, implemented, or upgraded to certified electronic health record (EHR) technology. In subsequent years, payments require demonstration of meaningful use of certified EHR technology. To be deemed an “eligible professional or hospital” for the electronic health record incentive program, a professional or hospital must satisfy the following criteria:

   1. (A) The eligible professional or hospital must be currently enrolled as a MO HealthNet provider, either in the fee for service program or a managed care organization which has a contract with the state of Missouri;

   2. (B) The provider must be one (1) of the following:

      1. 1. An eligible professional, listed as—

         1. A. A physician;
         2. B. A dentist;
         3. C. A certified nurse midwife;
         4. D. A nurse practitioner; or
         5. E. A physician assistant practicing in a federally-qualified

health center or rural health clinic when a physician assistant is the primary provider, director, or owner of the site;

1. 2. An acute care hospital, defined as a health care facility

where the average length of stay is twenty-five (25) days or fewer, which has a Centers for Medicare and Medicaid Services (CMS) certification number with the last four digits in the series 0001–0879 or 1300–1399; or

1. 3. A children’s hospital, defined as a separately certified

children’s hospital, either freestanding or a hospital-withinhospital, that predominately treats individuals under twentyone (21) years of age and has a CMS certification number with the last four digits in the series 3300–3399;

1. (C) For the year for which the provider is applying for an incentive payment—

   1. 1. An eligible professional must have at least thirty percent

(30%) of the professional’s patient volume covered by Medicaid, except that—

1. A. A pediatrician must have at least twenty percent (20%)

Medicaid patient volume;

1. B. A professional practicing at a federally-qualified

health center or rural health clinic must have at least fifty percent (50%) of patient encounters in a federally-qualified health center or rural health clinic, with a minimum thirty percent (30%) patients who are medically needy, defined as those furnished uncompensated care, or services either at no cost or at a reduced cost based on a sliding scale or ability to pay, or patients covered by the MO HealthNet program or the state’s Children’s Health Insurance Program (CHIP); and

1. C. Professionals have the option to base their volume on

either—

1. (I) Their individual Medicaid patient encounters as a

percentage of their total individual encounters; or

1. (II) The practice’s total Medicaid encounters as a

percentage of the practice’s total patient encounters;

1. 2. An acute care hospital must have ten percent (10%)

Medicaid patient volume; and

1. 3. A children’s hospital is presumed to meet the Medicaid

patient volume requirement;

1. (D) Application and Agreement. Any eligible provider who wants to participate in the Missouri electronic health record incentive program must declare the intent to participate by electronically registering with the Centers for Medicare and Medicaid Services (CMS) using the Medicare and Medicaid electronic health record incentive program registration and attestation website. CMS will notify the Department of Social Services of an eligible provider’s registration for the Medicaid incentive payment program.

   1. 1. The department will maintain a website and secure

portal with instructions for submitting documentation of patient volume, certified technology, and other information required to apply for the Medicaid EHR incentive at the website, http://mo.arraincentive.com.

1. 2. The applicant shall use the website to—

   1. A. Attest to the applicant’s qualifications to receive the

incentive payment; and

1. B. Submit an electronic copy of a signed attestation

form.

1. 3. The department may request any missing or additional

information from the provider. If missing or additional information is required, the department will notify the provider by electronic mail of the specific information needed. If the provider fails to submit the required information, the department will determine the registration incomplete and application will remain in an incomplete status until the required information is submitted.

1. 4. The department may request additional information

from sources other than the provider to validate the provider’s attestation submitted as a result of this rule;

1. (E) Record Retention. Providers must retain records to support their eligibility for the incentive payment for a minimum of six (6) years. The department will select providers for audit after issuance of an incentive payment. Incentive payment recipients shall cooperate with the department by providing proof of—

   1. 1. Eligibility for the incentive program;
   2. 2. Medicaid patient volume thresholds;
   3. 3. Purchase of certified electronic health record technology;

and

1. 4. Meaningful use of electronic health record technology;
2. (F) Patient Consent Form. Providers must retain records to support the disclosure of patient health information to all treating providers; and

3. (G) Administrative Appeal. Any eligible provider or any provider that claims to be an eligible provider and who has been subject to adverse actions related to the electronic health record incentive program may seek review of the department’s action pursuant to section 621.055, RSMo. Appealable issues include:

   1. 1. Provider eligibility determination;
   2. 2. Medicaid patient volume thresholds;
   3. 3. Incentive payment amounts; or
   4. 4. Demonstration of adopting, implementing, upgrading,

and meaningful use of technology.

1. (3) The department will make an incentive payment to a provider as a result of this rule in accordance with the requirements of 42 CFR 495.308–495.312. A provider who has received an incentive payment as a result of this rule must continue to meet the eligibility standards for that payment through the entire payment year. If the department finds that a provider is deficient, the department may take any of the following actions:

   1. (A) Suspend an incentive payment until the provider has removed the deficiency to the satisfaction of the department;
   2. (B) Require full repayment of all or a portion of an incentive payment; or
   3. (C) Terminate participation in the MO HealthNet electronic health record incentive program.

AUTHORITY: section 208.201, RSMo Supp. 2010.* Original rule filed July 1, 2011, effective Dec. 30, 2011. *Original authority: 208.201, RSMo 1987, amended 2007.