When patients elect to Opt Out of participating in electronic access to their Health Information, this impacts a provider’s ability to meet two related Meaningful Use Modified Stage 2* measures:
- Measure 1: Unique patients are provided timely access to view, download, and transmit their health information
- Measure 2: Unique patients who view, download, or transmit their information to a third party
CMS recently confirmed that providers can apply the Opt Out method to measure 1 and 2, which may aid providers who have Opt Out patients to successfully attest in Program Year 2017.
As per the CMS spec sheets, Opt Out patients must be counted in the denominator of both measures. Providers can count Opt Out patients in the numerators if the patients were provided with all necessary information to subsequently access their information, obtain access through a patient-authorized representative, or otherwise opt-back-in without further follow up action required by the provider.
Some EHR systems can track Opt Out patients in the EHR System and MU Dashboards. If your EHR included the Opt Out patients in the MU dashboard, you are all set. You can simply submit the MU Dashboard with your MAPIR application.
If your system did not track Opt Out patients in the MU Dashboard, you can add your Opt Out patients to the MU dashboard numerators of both measures, provided you submit the following documentation in addition to the MU dashboard:
- An audit log, or similar documentation, with the unique ids of the qualifying “Opt Out” patients added to the MU Dashboard numerator (redact any PHI such as patient names); and
- A letter confirming the “Opt Out” patients were provided all necessary information to access their information, obtain access through a patient-authorized representative, or otherwise opt-back-in without further follow up action required by the provider. The letter must include a description of how a patient’s “Opt Out” action was recorded (For example a form, or other method). The letter must be signed by an authorized official at the location where the “Opt Outs” occurred (Eligible Professional, Designee, Clinical or Medical Director).
*Note: How Opt Out can be used and documented for MU Stage 3 will be communicated separately.