Sources: 42 C.F.R. § 411.357(u)

19. Community-Wide Information Systems

Information technology items or services provided by an entity to a physician to allow access to, and sharing of, electronic health care records and other health care information for patients served by community providers and physicians to enhance the community’s overall health if:

  1. The information technology items and services are available as necessary to enable the physician to participate in the community-wide health information system, are principally used by the physician as part of that system, and are not provided in a manner that takes account of referrals or other business generated by the physician;

  2. The community-wide health information system is available to all providers, practitioners and residents in the community who desire to participate; and

  3. The arrangement does not violate the anti-kickback statute or any billing or claims submission laws or regulations.

Stark General Exception