Allows First-Time Meaningful Use Attesters to Avoid 1% Penalty in 2015

As a result of efforts by ASCRS in working with AMA, members of Congress and CMS, today, CMS announced its intent to reopen the submission period for hardship exception applications [1] for eligible professionals to avoid the 2015 Medicare payment adjustments.  The new deadline is November 30, 2014.  Previously, the deadline was July 1, 2014. 
The reopened hardship exception application submission period is for eligible professionals that:

• Have been unable to fully implement 2014 CEHRT due to delays in 2014 Edition CEHRT availability; AND
• Eligible professionals who were unable to attest by October 1, 2014 using the flexibility options provided in the CMS 2014 CEHRT Flexibility Rule.  [2]

These are the only circumstances that will be considered during this reopened hardship exemption period. 

As you recall, previously first-time meaningful use attesters (and those who did not attest in 2013) had to attest by October 1, 2014 in order to avoid the 2015 penalty based on 2013 or 2014 reporting.  Until this announcement, first-year meaningful use attesters who had to report by October 1 and wanted to use the CHERT flexibility offered by CMS in a recent final rule [3] were unable to do so due to CMS’ website not being updated to accept CHERT flexibility until mid-October.  This announcement allows providers to avoid the 1% penalty in 2015 by claiming a hardship exemption. 

This announcement does not change the fact that providers who file for a hardship exemption to avoid the 2015 penalty can still attest in the fourth quarter of 2014 and receive an incentive payment for CY 2014.  First-time attesters should file for the hardship exemption and also attest for the last 90 days of 2014 to try and receive an incentive payment. 

We will continue to keep you updated.  If you have any questions, please contact Ashley McGlone [4] at 703-591-2220.