By Mathew J. Levy, Esq. & Eli N. Dollman, Esq.

The NY Medicaid Electronic Health Records (“EHR”) Incentive Program (now known as the Promoting Interoperability Program) provides eligible professionals and hospitals with incentive payments as they demonstrate adoption, implementation, upgrading, or meaningful use of certified EHR technology. The purpose of the program is to support providers as they transition to and integrate the use of EHRs in meaningful ways, with an overarching goal to help improve the quality, safety, and efficiency of patient health care. In their first year, all providers will be required to attest to adoption, implementation, or upgrade of certified EHR technology.

The New York State Department of Health specified that the NY Medicaid EHR Incentive Program will be providing attestation deadline accommodations to providers using certain Greenway Health, LLC (“Greenway”) products impacted by a recent Promoting Interoperability (Meaningful Use) calculation issue. Greenway has recently identified that certain of its EHR products are calculating Promoting Interoperability (Meaningful Use) measures incorrectly. Consequently, providers who use Greenway to calculate Promoting Interoperability (Meaningful Use) measures for purposes of the NY Medicaid EHR Incentive Program are advised to visit https://www.health.ny.gov/health_care/medicaid/redesign/ehr/repository/greenway_list.htm to view a comprehensive list of affected Greenway EHR Certification products, to determine whether they have been impacted by this miscalculation. Providers who use any of the listed products should email the NY Medicaid EHR Incentive Program at hit@health.ny.gov for guidance about the 2018 Meaningful Use attestation process.

Eligible professionals, including but not limited to physicians, nurse practitioners, certified nurse-midwifes, dentists and optometrists can also contact one of the two New York State Regional Extension Centers that provide support services to healthcare providers, as they navigate the EHR adoption process and achievement of Meaningful Use. Contact information for these New York State Regional Extension Centers can be found by following the above link.

Please reach out to us should you have any further questions regarding any of the foregoing information.

Mathew J. Levy, Esq. is a Principal of Weiss Zarett Brofman Sonnenklar & Levy, PC. Mr. Levy is nationally recognized as having extensive experience representing healthcare clients in transactional and regulatory matters. Mr. Levy has particular expertise in advising health care clients with respect to contract issues, business transactions, practice formation, regulatory compliance, mergers & acquisitions, professional discipline, criminal law, healthcare fraud & billing fraud, insurance carrier audits, litigation & arbitration, and asset protection-estate planning. You can reach Mathew Levy at 516-926-3320 or mlevy@weisszarett.com.