I 111th CONGRESS 2d Session H. R. 6005 IN THE HOUSE OF REPRESENTATIVES July 30, 2010 Mr. Burgess (for himself, Mr. Stearns, and Mrs. Blackburn) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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 provide for the temporary treatment of certain electronic health records as certified EHR technology for purposes of health information technology payment incentives under the Medicare and Medicaid Programs.

1.

Short title

This Act may be cited as the Ensuring Equality for Early EHR Adoption Act of 2010.

2.

Temporary treatment of certain EHR technology under the Medicare and Medicaid EHR incentive payment programs

(a)

Medicare program

Section 1848(o)(4) of the Social Security Act (42 U.S.C. 1395w–4(o)(4)) is amended by adding at the end the following: For payment years 2011 and 2012, such term includes an electronic health record that is not certified pursuant to such section 3001(c)(5) and that enables the demonstration of meaningful EHR use for an EHR reporting period for the payment year involved.. (b)

Medicaid program

Section 1903(t)(3)(A) of such Act (42 U.S.C. 1396b(t)(3)(A)) is amended by adding at the end the following: For payment years 2011 and 2012, such term includes an electronic health record that is not certified pursuant to such section 3001(c)(5) and that enables a Medicaid provider to demonstrate meaningful use for purposes of this subsection..