What is the electronic health records arrangements Stark exception?
To qualify for the physician self-referral exception regarding donations of electronic health records software or information technology and training services, the arrangement is required to satisfy the following criteria, as fully set forth at 42 CFR § 411.357(w): • The software and training services must be necessary and used predominantly to create, maintain, transmit, or receive electronic health records; • The items and services are provided to a physician by a hospital or other entity that furnishes designated health care services; • The software is interoperable (as defined at § 411.351) at the time it is provided to the physician. For purposes of the exception, “interoperable” means that the software is able to (i) communicate and exchange data accurately, effectively, securely, and consistently with different information technology systems, software applications, and networks, in various settings, and (ii) exchange data such that the clinical or operational purpose and meaning
