Program Year 2016 is the last year to begin participating in the Medicaid EHR Incentive Program and the last year to submit for an AIU incentive payment. To earn the full incentive payment of $63,750 per provider, EPs must participate for a total of six years, by Program Year 2021. Participation years are not required to be consecutive.

There are two options available for providers to begin participation for the 2016 program year:

Option 1: If you are a provider with Medicaid volume over 30%, you can submit AIU of CEHRT technology to the KY Medicaid EHR Incentive Program.
Option 2: If you are a provider with Medicaid volume over 30% and are meeting the Meaningful Use requirements for Program Year 2016, you can attest to the KY Medicaid EHR Incentive Program.

Please be advised that AIU submission only does not deem the EP a ‘Meaningful User’ and therefore submission of AIU only will subject the EP to payment penalties under Medicare Part B.** To determine if you are subject to payment penalties for not achieving Meaningful Use, please review the provider types below that are considered dual eligible to submit both Medicare Part B and Medicaid claims:

• Doctor of medicine or osteopathy
• Doctor of optometry
• Doctor of dental surgery or dental medicine
• Chiropractor
• Doctor of podiatry

If you are a dual eligible provider type and are unable to attest to Meaningful Use for the 2016 program year, you will need to determine if a hardship application was filed with CMS in the program year 2015 and approved. This will allow the EP to avoid 2017 Medicare Part B payment penalties.

If you are a dual eligible provider not meeting the 30% Medicaid volume and did not file a hardship or the hardship was not accepted, you will need to attest to the CMS Medicare attestation screen portal (if achieving Meaningful Use) by October 1st, 2016 to avoid the 2017 and 2018 Medicare Part B payment penalties. That website can be found here.

**Remember AIU does not count as “Meaningful Use Attestation” and still subject to Medicare payment penalties

KY Medicaid EHR Incentive Program attestation screens will not be available before October 1st, 2016 for first time Meaningful Use attesters.

See options below to determine the best process to submit your 2016 attestation:

Option 1: If you are a first time Meaningful Use attester for the 2016 program year with the required Medicaid volume over 30%, you will need to wait until the KY EHR Incentive Program Medicaid screens are available to attest. Program Year 2017 Medicare Part B payment adjustments (if received) will be recalculated and reversed to the EPs by CMS, once the EP is deemed a 2016 Meaningful User by KY Medicaid. The KY REC will notify EPs when the KY Medicaid EHR Incentive Program screens become available.
Option 2: If you are a 1st-time Meaningful Use attester for the 2016 program year and unsure if you will meet the required 30% Medicaid volume threshold, you should submit your attestation by October 1, 2016 to the CMS Medicare Portal to avoid the 2017 and 2018 payment adjustments. The CMS attestation portal can be found here.

If you are unsure if you are meeting the Medicaid 30% volume or meeting the Meaningful Use objectives, and are considered a dual eligible provider type from one of the categories below, you will need to determine if a hardship application was filed in 2015 and accepted to avoid 2017 Medicare Part B payment penalties.

• Doctor of medicine or osteopathy
• Doctor of optometry
• Doctor of dental surgery or dental medicine
• Chiropractor
• Doctor of podiatry

If you are a dual eligible provider not meeting the 30% Medicaid volume and did not file a hardship or the hardship was not accepted, you will need to attest to the CMS Medicare attestation screen portal (if achieving Meaningful Use) by October 1st, 2016 to avoid the 2017 and 2018 Medicare Part B payment penalties. That website can be found here.

The Kentucky REC can help! Call us at 859-323-3090 for information on how our HIT advisors can help you navigate modern healthcare regulations.