Business Law

Business Law News 2015, Issue 2

What is the Meaning of Meaningful Use? How to Decode the Opportunities and Risks in Health Information Technology

Rick Rifenbark and Leeann Habte1

Rick Rifenbark is a partner and health care lawyer with Foley & Lardner LLP. He counsels clients regarding health care compliance and technology issues, including the creation of electronic health records donation programs, qualification for the Medicare and Medicaid EHR incentive programs, and responding to meaningful use audits.

M. Leeann Habte is senior counsel and a health care business lawyer with Foley & Lardner LLP. A Certified Information Privacy Professional and former director at UCLA and the Minnesota state health department, she advises clients on the legal and business issues associated with complex federal and state health privacy issues and compliance issues, health information exchange issues, Medicare and Medicaid reimbursement issues, and electronic health record incentive payments.

To achieve greater efficiencies in health care, enhanced care coordination, better quality, and a reduction of medical errors, many health care entities and professionals are implementing electronic health record ("EHR") systems and other forms of health information technology. The enterprise integration of EHRs and the exchange and use of such health information are incen-tivized through the Medicare and Medicaid EHR Incentive Programs ("EHR Incentive Programs"), which were enacted as part of the American Recovery and Reinvestment Act of 2009, Health Information Technology for Clinical and Economic Health Act ("HITECH Act").

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