1.This Act may be cited as the
STEAM (Stripping The E-Prescribe
Arbitrary Mandates) Act of 2011
.
2.Preventing application
of Medicare payment adjustments for eligible professionals not successful
electronic prescribers
(a)Repeal of
e-prescribing payment adjustmentParagraph (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Social Security Act (42 U.S.C. 1395w–4(a)) is repealed.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)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)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)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 requirementsSection 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)
(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)
.