I 111th CONGRESS 2d Session H. R. 6348 IN THE HOUSE OF REPRESENTATIVES September 29, 2010 Mr. Kratovil introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to clarify the treatment of Medicaid EHR incentive payments for federally qualified health centers.

1.

Clarification relating to Medicaid EHR incentive payments for federally qualified health centers

(a)

In general

Section 1903(t) of the Social Security Act (42 U.S.C. 1396b(t)) is amended— (1)in paragraph (3)(E) by striking or by a State or local government and inserting , by a State or local government, or in the case of payment made to a federally qualified health center as provided in subsection (6)(A)(i); (2)in paragraph (6)— (A)in subparagraph (A)(i), by inserting or, in the case of a provider who practices predominantly in a federally qualified health center, directly to such center after (or to a employer or facility to which such provider has assigned payments; and (B)by adding at the end the following new sentence: For purposes of subparagraphs (B) and (C), for each provider practicing predominantly in a federally qualified health center, the requirements described in such subparagraphs shall apply to the federally qualified health center.; and (3)by adding at the end the following new paragraph: (11)Nothing in this subsection shall be construed to allow duplicate payments to both a Medicaid provider who practices predominantly in a federally qualified health center and the federally qualified health center. . (b)

Implementation

Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by this section by program instruction or otherwise. (c)

Effective date

The amendments made by subsection (a) shall be effective as if included in the enactment of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5).