Centers for Medicare & Medicaid Services (CMS) Clarification of Flexibility Rule for Stage 2 Summary of Care Objective

Centers for Medicare & Medicaid Services (CMS) confirmed the applicable requirements for a provider who is attesting to Stage 2 meaningful use (MU) in 2014 and wishes to take advantage of the limited exception allowed under the Flexibility Rule for Measure 2 of the Summary of Care Objective. Measure 2 requires the electronic transmission of the summary of care using Certified Electronic Health Record Technology (CEHRT) for more than 10 percent of transitions of care. The limited exception described in the Flexibility Rule allows certain providers to attest to Stage 1 measures instead of Stage 2 if they meet certain criteria. Specifically, the limited exception is for sending providers who are not able to meet the 10 percent measure threshold because the recipient of the transition or referral is experiencing delays in the ability to fully implement 2014 Edition CEHRT and cannot receive the summary of care via CEHRT.

1. The limited exception only applies if the reason for not meeting the 10 percent threshold is because the recipients of the transitions or referrals were impacted by issues related to 2014 CEHRT availability delays.

2. Sending providers taking advantage of this limited exception must retain documentation clearly demonstrating that they were unable to meet the 10 percent threshold for the measure because the recipients of the transitions or referrals were impacted by issues related to 2014 CEHRT availability delays.

3. A sending provider at Stage 2 in 2014 who wishes to take advantage of the Summary of Care Measure 2 exception may attest to the 2014 Stage 1 objectives and measures for the MU reporting period in 2014. In other words, if the sending provider opts to take advantage of the Summary of Care Measure 2 exception, they are to attest to all 2014 Stage 1 objectives and measures (they may not attest using a mix of Stage 1 and Stage 2 objectives and measures).

For further explanation, please see the last column on page 52921 of the CEHRT Flexibility Rule.

Additional Resources – Texas Medicaid EHR Incentive Program

* Learn about program rules and steps by using the self-paced e-learning module at: www.texasehrincentives.com.
* Visit the Texas Medicaid Health IT website for updates on the EHR Incentive Program and other health IT initiatives.
* For more information about MU documentation or other program questions, contact: support@tmhp-mi.com or call 1-855-831-6112.