ehr onc final certification - Department of Health Care Services

We estimate that this final rule could have effects on Complete EHR and EHR
Module developers, some of which may be small entities. However, we believe that we
have established the minimum amount of requirements necessary to accomplish our
policy goals and that no appropriate regulatory alternatives could be developed to lessen
the compliance burden associated with this final rule. In order for a Complete EHR or
EHR Module to provide the capabilities an eligible professional or eligible hospital will
be required to use under the Medicare and Medicaid EHR Incentive Programs final rule,
it will need to comply with the applicable certification criteria adopted by the Secretary.
Moreover, we note that this final rule does not impose the costs cited in the regulatory
impact analysis as compliance costs, but rather as investments which Complete EHR and
EHR Module developers voluntarily take on and expect to recover with an appropriate
rate of return. Accordingly, we do not believe that the final rule will create a significant
impact on a substantial number of small entities. The Secretary certifies that this final
rule will not have a significant impact on a substantial number of small entities.
E. Executive Order 13132--Federalism
Executive Order 13132 establishes certain requirements that an agency must meet
when it promulgates a proposed rule (and subsequent final rule) that imposes substantial
direct requirement costs on State and local governments, preempts State law, or otherwise
has federalism implications.
Nothing in this final rule imposes substantial direct compliance costs on State and
local governments, preempts State law or otherwise has federalism implications. We are
not aware of any State laws or regulations that are contradicted or impeded by any of the
standards, implementation specifications, or certification criteria that have been adopted.
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