[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2128 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2128

    To amend title XVIII of the Social Security Act to prevent the 
 application of payment adjustments for eligible professionals who are 
    not successful electronic prescribers, to remove any electronic 
prescribing requirement as an element for demonstrating meaningful use 
          of certified EHR technology, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 3, 2011

  Mrs. Ellmers (for herself and Mrs. Black) 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 title XVIII of the Social Security Act to prevent the 
 application of payment adjustments for eligible professionals who are 
    not successful electronic prescribers, to remove any electronic 
prescribing requirement as an element for demonstrating meaningful use 
          of certified EHR technology, and for other purposes.

    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 ``STEAM (Stripping The E-Prescribe 
Arbitrary Mandates) Act of 2011''.

SEC. 2. PREVENTING APPLICATION OF MEDICARE PAYMENT ADJUSTMENTS FOR 
              ELIGIBLE PROFESSIONALS NOT SUCCESSFUL ELECTRONIC 
              PRESCRIBERS.

    (a) Repeal of e-prescribing Payment Adjustment.--Paragraph (5) of 
section 1848(a) of the Social Security Act (42 U.S.C. 1395w-4(a)) is 
repealed.
    (b) Removing e-prescribing as Element of Demonstrating Meaningful 
Use of Certified EHR Technology.--
            (1) Eligible professionals.--Section 1848(o)(2)(A) of the 
        Social Security Act (42 U.S.C. 1395w-4(o)(2)(A)) is amended--
                    (A) in clause (i), by striking ``, which shall 
                include the use of electronic prescribing as determined 
                to be appropriate by the Secretary'';
                    (B) in clause (iii), by inserting ``(other than 
                electronic prescribing quality measures)'' after ``such 
                other measures''; and
                    (C) by adding at the end the following new 
                sentence: ``In no case shall an eligible professional 
                be required to use (or demonstrate the use of) 
                electronic prescribing in order for such professional 
                to be treated as a meaningful EHR user in accordance 
                with this subparagraph.''.
            (2) Eligible hospitals.--Section 1886(n)(3)(A) of the 
        Social Security Act (42 U.S.C. 1395ww(n)(3)(A)) is amended--
                    (A) in clause (iii), by inserting ``(other than 
                electronic prescribing quality measures)'' after ``such 
                other measures''; and
                    (B) by adding at the end the following new 
                sentence: ``In no case shall an eligible hospital be 
                required to use (or demonstrate the use of) electronic 
                prescribing in order for such hospital to be treated as 
                a meaningful EHR user in accordance with this 
                subparagraph.''.
            (3) Effective date.--The amendments made by paragraphs (1) 
        and (2) shall apply with respect to EHR reporting periods 
        beginning after the date of the enactment of this Act.
    (c) Excluding e-prescribing From Shared Savings Program Reporting 
Requirements.--Section 1899(b)(3)(D) of such Act (42 U.S.C. 
1395jjj(b)(3)(D)) is amended--
            (1) by striking ``electronic prescribing,''; and
            (2) inserting ``(but not including such requirements and 
        such payments related to electronic prescribing)'' after 
        ``other similar initiatives under section 1848''.
    (d) Conforming Amendments.--
            (1) Subsection (a) of section 1848 of such Act (42 U.S.C. 
        1395w-4) is amended--
                    (A) in paragraph (4)(A), by striking ``, except as 
                provided in paragraph (5)'';
                    (B) in paragraph (7)(A)(ii)(I), by striking ``(or, 
                in the case of an eligible professional who was subject 
                to the application of the payment adjustment under 
                section 1848(a)(5) for 2014, 98 percent)''; and
                    (C) in paragraph (8)(A)(i), by striking 
                ``paragraphs (3), (5), and (7)'' and inserting 
                ``paragraphs (3) and (7)''.
            (2) Subsection (m) of such section is amended--
                    (A) in paragraph (2)(B), by striking ``and 
                subsection (a)(5)'' and by striking ``(or, for purposes 
                of subsection (a)(5), for the reporting period for a 
                year)'';
                    (B) in paragraph (3)(B)(i), by striking ``and 
                subsection (a)(5)'' and by striking ``(or, for purposes 
                of subsection (a)(5), for the reporting period for a 
                year)'';
                    (C) in each of clauses (ii) and (iii) of paragraph 
                (3)(B), by striking ``(or, for purposes of subsection 
                (a)(5), for the reporting period for a year)'';
                    (D) in paragraph (3)(C), by striking ``or, for 
                purposes of subsection (a)(5), for a reporting period 
                for a year,'';
                    (E) in paragraph (5)(E)(iii), by striking ``, the 
                limitation under paragraph (2)(B), and the exception 
                under subsection (a)(5)(B)'' and inserting ``and the 
                limitation under paragraph (2)(B)''; and
                    (F) in paragraph (6)(C)(iii), by striking 
                ``(a)(5)'' and by striking ``the reporting period under 
                subsection (a)(5)(D)(iii)''.
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