HHS expands anti-kickback safe harbors for physicians

Physicians will be allowed to accept donations of electronic prescribing software, electronic health records software, and training services from hospitals and health plans under expanded safe harbors to the Anti-Kickback Statute, the Department of Health and Human Services (HHS) announced August 1.

"Electronic health records help doctors provide higher quality patient care, improved efficiency, and with less hassle," said HHS Sec. Michael Leavitt. "By removing barriers, these regulation changes will help physicians get these systems in place and working for patients faster."

Electronic health records software must be certified as being interoperable with other systems, and electronic prescribing software from one supplier must not restrict or limit compatability with other systems, to be covered in the new safe harbors.

Other limitations to the safe harbors include the requirement that recipients of donated technology pay 15% of the donor's cost for electronic health records systems; hardware, such as computers, is not covered; and donors may not select recipients using any method that takes into account the volume or value of referrals from the recipient.

The exceptions to the Anti-Kickback Statute go into effect 60 days after publication in the Federal Register on August 8.

To see the HHS pre-publication copy of the rules, click here.