Existing exemptions to federal physician self-referral and anti-kickback laws that enable hospitals and other entities to donate electronic health records systems to physicians would be extended under two proposed rules issued on April 9.

A rule from the Centers for Medicare and Medicaid Services proposes extending the donation program, currently sunsetting at the end of 2013, to the end of 2016. Similarly, a rule from the HHS Office of Inspector General also proposes an extension to the end of 2016 for its anti-kickback waiver. However, CMS and OIG both will consider extending the waiver to the end of 2021, which is when the Medicaid EHR incentive program ends.

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