Stark and Anti-Kickback Exemption

In August 2006, the Department of Health and Human Services (HHS) published rules that provide an exception under the physician self-referral prohibition law (Stark), as well as safe harbor under the anti-kickback act (AKA), for the donation of interoperable EHR technology to physicians and other health care practitioners or entities.

More information on Stark and anti-kickback regulations is available from the HHS website,which indicates that to qualify, EHR software is “deemed to be interoperable if a certifying body recognized by the Secretary has certified the software no more than 12 months prior to the date it is provided to the [physician/recipient].” CCHIT is an officially recognized certifying body.