HIN/HIE-related Law and Regulations 

• Medicare Program; Physicians’ Referrals to Health Care Entities With Which They Have Financial Relationships; Exceptions for Certain Electronic Prescribing and Electronic Health Records Arrangements; Final Rule, 71 Fed. Reg. 45140 (Aug. 8, 2006) to be codified at 42 CFR 411.357(v) and (w).
• Medicare and State Health Care Programs: Fraud and Abuse; Safe Harbors for Certain Electronic Prescribing and Electronic Health Records Arrangements Under the Anti-Kickback Statute; Final Rule, 71 Fed. Reg. 45110 (Aug. 8, 2006) to be codified at 42 CFR 1001.952(x) and (y).
• Summaries:
  • Safe Harbors and Stark Exceptions for E-Prescribing and Electronic Health Record Arrangements: Annotated Regulations, Marilyn Lamar, Health Lawyers: Topical Insight Series, American Health Lawyers Association, September 2006.
  • Donating Health Information Technology: Final Regulations Complete with H.R. 4157 for Public Policy Control, McDermott Will & Emery, October 2006.
  • Other summaries provided for September 2006 AHLA teleconferences
• Office of the National Coordinator for Health Information Technology (ONC) Interim Guidance Regarding the Recognition of Certification Bodies, 71 Fed. Reg. 44296 (August 4, 2006)
• Federal Legislation on the Promotion of Health Information Technology Summary, Dan Orenstein, Athena Health Inc.

Submit suggestions for additional HIN/HIE-related law and regulations or sample documents to Practice Groups.