Sparing Pathologists From EHR Penalties

Legislation has been introduced in the House that would prevent pathologists from being penalized for failing to participate in the meaningful-use (MU) program that offers incentive payments to physicians and hospitals for the adoption of electronic health records (EHR).Under current law, pathologists who fail to participate would be subject to reduced Medicare and Medicaid payment rates, beginning Jan. 1, 2015. While CMS has said the wording of the law does not allow it to exclude certain providers from penalties, it has invited comments on granting exceptions to those who meet certain criteria but lack face-to-face or telemedicine interaction with patients, lack follow-up with patients, and lack control over a certified EHR at their practice locations. According to CMS’s proposed Stage 2 MU rule, one option would be a two-year payment adjustment, the other would provide the exception but not for more than five years.