HIPAA Compliance Plan
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§495.316 State monitoring and reporting regarding activities required to receive an incentive payment.

(a) Subject to §495.332 the State is responsible for tracking and verifying the activities necessary for a Medicaid EP or eligible hospital to receive an incentive payment for each payment year, as described in §495.314.

(b) Subject to §495.332, the State must submit a State Medicaid HIT Plan to CMS that includes:

(1) A detailed plan for monitoring, verifying and periodic auditing of the requirements for receiving incentive payments, as described in §495.314; and

(2) A description of the how the State will collect and report on provider meaningful use of certified EHR technology.

(c) Subject to §495.332 and §495.350, the State is required to submit to CMS annual reports on the following:

(1) Provider adoption, implementation, or upgrade of certified EHR technology activities and payments; and

(2) Aggregated, de-identified meaningful use data.

(d)  (1) The annual report described in paragraph (c) of this section must include, but is not limited to the following:

(i) The number, type, and practice location(s) of providers who qualified for an incentive payment on the basis of having adopted, implemented, or upgraded certified EHR technology.

(ii) Aggregated data tables representing the provider adoption, implementation, and upgrade of certified EHR technology.

(iii) The number, type, and practice location(s) of providers who qualified for an incentive payment on the basis of meaningful use of certified EHR technology;

(iv) Aggregated data tables representing the provider's clinical quality measures data; and

(v) A description and quantitative data on how its incentive payment program addressed individuals with unique needs such as children.

(2) The State may propose additional, not substitute, measures for meaningful use of certified EHR technology, subject to CMS prior approval.

(e) State failure to submit the required reports to CMS may result in discontinued or disallowed funding.

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