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AAMC Submits Letter to End Sunset of Provisions That Protect Donations of EHRs

June 14, 2013—The AAMC submitted a June 10 letter  to the Department of Health and Human Services (HHS) Office of Inspector General (OIG) in response to a proposal to extend the safe harbor to the anti-kickback statute for donations of electronic health records (EHR). The association sent a similar letter  to the Centers for Medicare and Medicaid Services (CMS) regarding a proposal to extend the exception to the physician self-referral law.

The current exception and safe harbor are due to sunset on Dec. 31, 2013.  CMS and the OIG each have proposed an extension through Dec. 31, 2016.  The AAMC asked that the sunset date be eliminated entirely, as there will be a continuing need for donations of EHRs.  Alternatively, the association proposed that the exception and safe harbor be extended through 2021, the latest year for which a Medicaid incentive is available under the EHR Incentive Program.

The letter to CMS indicates, “As new physicians enter the workforce, and as physicians choose to change the entities with which they affiliate, the need for EHR donations to be protected by an exception will continue well beyond 2016.”


Ivy Baer, J.D., M.P.H.
Senior Director and Regulatory Counsel
Telephone: 202-828-0499


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Washington Highlights, a weekly electronic newsletter, features brief updates on the latest legislative and regulatory activities affecting medical schools and teaching hospitals.

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Jason Kleinman
Sr. Legislative Analyst, Govt. Relations
Telephone: 202-903-0806