Electronic Health Record Incentives for Multi-Campus Hospitals Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act (SSA), with respect to payments to hospitals for inpatient hospital services, to prescribe a special rule for applying Medicare electronic health record (EHR) incentive payments, at the election of a qualified main hospital, to its remote inpatient locations.
Prohibits administrative or judicial review of: (1) the methodology and standards for determining a remote inpatient location, a qualified remote inpatient location, a component facility, a qualified component facility, a main provider, and a qualified main provider, and which such locations, facilities, and providers are qualified; and (2) the methodology and standards for the election in connection with such special rule.
Amends SSA title XIX (Medicaid) to set forth a special rule for applying Medicaid EHR incentive payments, at the election of a qualified main hospital, to its remote locations.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6072 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 6072
To amend titles XVIII and XIX of the Social Security Act to clarify the
application of EHR payment incentives in cases of multi-campus
hospitals.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2010
Mr. Space (for himself, Mr. Stark, Mr. Pallone, Mr. Levin, Mr. Waxman,
Mr. Dingell, Mr. Burgess, Mr. Engel, Mrs. Blackburn, Mr. Boucher, Mr.
Butterfield, Mrs. Capps, Ms. Castor of Florida, Mr. Crowley, Mr. Davis
of Illinois, Mr. Doggett, Mr. Gonzalez, Mr. Gene Green of Texas, Mr.
Higgins, Mr. Lewis of Georgia, Mr. McDermott, Mr. Meek of Florida, Mr.
Neal of Massachusetts, Mr. Pascrell, Mr. Pomeroy, Mr. Rangel, Ms.
Schwartz, Ms. Sutton, Mr. Thompson of California, Mr. Van Hollen, and
Mr. Weiner) introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committee on Energy
and Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend titles XVIII and XIX of the Social Security Act to clarify the
application of EHR payment incentives in cases of multi-campus
hospitals.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Health Record Incentives
for Multi-Campus Hospitals Act of 2010''.
SEC. 2. CLARIFICATION OF INCENTIVES FOR MULTI-CAMPUS HOSPITALS FOR
ADOPTION AND MEANINGFUL USE OF CERTIFIED ELECTRONIC
HEALTH RECORDS.
(a) Special Rule for Applying Medicare EHR Incentive Payments to
Remote Inpatient Locations of a Hospital.--Section 1886(n) of the
Social Security Act (42 U.S.C. 1395ww(n)) is amended--
(1) in paragraph (2), by adding at the end the following
new subparagraph:
``(H) Special rule for remote inpatient locations
of a hospital.--
``(i) In general.--In the case of an
eligible hospital that consists of a qualified
main provider and one or more qualified remote
inpatient locations, the hospital may elect (in
such form and manner as specified by the
Secretary) for all applicable payment years
to--
``(I) substitute the base amount
alternative described in clause (ii)
for the base amount described in
subparagraph (A)(i)(I); or
``(II) substitute the discharge
related amount alternative described in
clause (iii) for the discharge related
amount described in subparagraph
(A)(i)(II).
The election described in the previous
sentence, with respect to an eligible hospital,
shall be made once for such hospital and shall
apply to such hospital for all applicable
payment years.
``(ii) Base amount alternative.--The base
amount alternative described in this clause
with respect to an eligible hospital is the
product of--
``(I) the base amount specified in
subparagraph (B); and
``(II) the total number of all
qualified component facilities of the
hospital.
An election to substitute the base amount
alternative described in this clause shall not
affect the computation of the discharge related
amount specified in subparagraph (C) for the
eligible hospital.
``(iii) Discharge related amount
alternative.--The discharge related amount
alternative described in this clause with
respect to an eligible hospital for a 12-month
period is determined as follows:
``(I) First, compute the amount
under subparagraph (C) as if the phrase
`estimated based upon total discharges
for the eligible hospital (regardless
of any source of payment) for the
period divided by the total number of
all component facilities of the
hospital' were substituted for the
phrase `estimated based upon total
discharges for the eligible hospital
(regardless of any source of payment)
for the period'.
``(II) Then multiply the amount
computed under subclause (I) by the
total number of all qualified component
facilities of such hospital.
``(iv) Definitions.--For purposes of this
subsection:
``(I) Applicable payment year.--The
term `applicable payment year' means
the first payment year for which a
hospital makes an election described in
clause (i) and each subsequent payment
year applicable to such hospital.
``(II) Component facility;
qualified component facility.--The term
`component facility' means, with
respect to an eligible hospital, the
main provider or any remote inpatient
location of such hospital. The term
`qualified component facility' means,
with respect to a main provider, a
qualified main provider and, with
respect to a remote inpatient location,
a qualified remote inpatient location.
``(III) Main provider; qualified
main provider.--The term `main
provider', with respect to an eligible
hospital, has the meaning given such
term in section 413.65(a)(2) of title
42, Code of Federal Regulations. The
term `qualified main provider' means a
main provider that is a meaningful EHR
user for the reporting period involved.
``(IV) Remote inpatient location;
qualified remote inpatient location.--
The term `remote inpatient location'
means, with respect to an eligible
hospital, a remote location of a
hospital, as defined in and applied
under section 413.65 of title 42, Code
of Federal Regulations, that provides
inpatient hospital services that are
paid for under subsection (d). The term
`qualified remote inpatient location'
means, with respect to an eligible
hospital, a location for which the
eligible hospital has submitted to the
Secretary, for the reporting period
involved, an attestation (in such form
and manner as specified by the
Secretary) that certifies that the
location is a remote inpatient location
and a meaningful EHR user for such
period.''; and
(2) in paragraph (4)(A)--
(A) at the end of clause (ii), by striking ``and'';
(B) at the end of clause (iii), by striking the
period and inserting a semicolon; and
(C) by adding at the end the following new clauses:
``(iv) the methodology and standards for
determining a remote inpatient location, a
qualified remote inpatient location, a
component facility, a qualified component
facility, a main provider, and a qualified main
provider, as such terms are defined in
paragraph (2)(H)(iv), and which such locations,
facilities, and providers are qualified remote
inpatient locations, qualified component
facilities, and qualified main providers, as
such terms are defined in such paragraph; and
``(v) the methodology and standards for the
election described in paragraph (2)(H).''.
(b) Implementation and Administration.--
(1) Implementation.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
by program instruction or otherwise this section.
(2) Administration.--Chapter 35 of title 44, United States
Code, shall not apply to the collection of information to carry
out the amendments made by this section.
(c) Effective Date.--The amendments made by this section shall
apply as if included in the enactment of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5).
SEC. 3. CLARIFICATION FOR MEDICAID EHR PAYMENT INCENTIVES.
(a) In General.--Section 1903(t)(5) of the Social Security Act (42
U.S.C. 1396b(t)(5)) is amended--
(1) by adding at the end the following new subparagraph:
``(E) For purposes of determining the applicable amounts specified
in subparagraph (A) of section 1886(n)(2), as applied by the first
sentence of subparagraph (B)--
``(i) the provisions of subparagraph (H) of such section
shall apply to a Medicaid provider described in paragraph
(2)(B) consisting of a qualified main provider and one or more
qualified remote inpatient locations (as such terms are defined
in clause (iv) of such subparagraph (H)) in the same manner and
to the same extent that such subparagraph applies to an
eligible hospital described in clause (i) of such subparagraph,
except that--
``(I) in applying the second sentence of clause
(iv)(IV) of such subparagraph, with respect to a
Medicaid provider described in paragraph (2)(B), in
lieu of certifying that a remote inpatient location is
a meaningful EHR user, the Medicaid provider shall
certify that the remote inpatient location is described
in paragraph (2)(B) and is in compliance with paragraph
(6)(C) of this subsection for the year of payment
involved; and
``(II) the first sentence of clause (iv)(IV) of
such subparagraph shall be applied in the case of a
Medicaid provider described in paragraph (2)(B)(i)
without regard to the requirement that inpatient
hospital services provided are paid for under section
1886(d); and
``(ii) an election made under subparagraph (H) of such
section by an eligible hospital described in clause (i) of such
subparagraph that is a Medicaid provider described in paragraph
(2)(B), shall apply.
The Secretary may make appropriate adjustments to the overall hospital
EHR amount under subparagraph (B), with respect to a Medicaid provider
described in paragraph (2)(B), to take into account the provisions of
this subparagraph.''; and
(2) in the first sentence of subparagraph (B), by inserting
``and subject to subparagraph (E)'' after ``For purposes of
this paragraph''.
(b) Effective Date.--The amendments made by this section shall
apply as if included in the enactment of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5).
<all>
Introduced in House
Introduced in House
Referred to House Ways and Means
Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Energy and Commerce
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