[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4066 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4066

  To amend titles XVIII and XIX of the Social Security Act to exclude 
 pathologists from incentive payments and penalties under Medicare and 
 Medicaid relating to the meaningful use of electronic health records.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 16, 2012

    Mr. Price of Georgia (for himself and Mr. Kind) 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 exclude 
 pathologists from incentive payments and penalties under Medicare and 
 Medicaid relating to the meaningful use of electronic health records.

    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 ``Health Information Technology Reform 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Under the American Recovery and Reinvestment Act of 
        2009, physicians are eligible to receive Federal funding to 
        promote the adoption of electronic health records if meaningful 
        use standards are met.
            (2) Beginning in 2015, certain physicians who do not meet 
        such meaningful use standards face penalties in the form of 
        reductions in Medicare payments.
            (3) Pathologists and their laboratories have been on the 
        front lines of electronic health information, utilizing 
        computerized Laboratory Information Systems and Anatomic 
        Pathology Information Systems to support the work of analyzing 
        patient specimens and generating test results. These laboratory 
        information systems exchange laboratory and pathology data with 
        electronic health records and enterprise-wide clinical 
        information systems.
            (4) Current regulations implementing electronic health 
        record meaningful use standards largely reflect physician 
        office-based practices and thus, are not applicable to the 
        practice of pathology and laboratory medicine. Furthermore, 
        since pathologists use Laboratory Information Systems and 
        Anatomic Pathology Information Systems, maintenance of certain 
        patient health information in a certified electronic health 
        record is not applicable.
            (5) This lack of alignment between regulation and pathology 
        practice makes it impossible for pathologists to satisfy 
        meaningful use standards, putting them at risk for payment 
        penalties under Medicare.
            (6) Through their role in appropriate test selection and 
        personalized medicine, and with access to the patient's 
        electronic health record, pathologists can play a key role in 
        furthering Congress' goals of reducing costs and improving 
        health care quality.
            (7) However, imposing payment penalties on pathologists for 
        failing to meet electronic health record meaningful use 
        standards that do not apply to their practice and typical 
        interaction with patients, will not help advance quality care 
        and accountability.

SEC. 3. EXCLUDING PATHOLOGISTS FROM MEDICARE AND MEDICAID INCENTIVE 
              PAYMENTS AND PENALTIES RELATING TO THE MEANINGFUL USE OF 
              ELECTRONIC HEALTH RECORDS.

    (a) Medicare.--
            (1) Exclusion from penalties.--Section 1848(a)(7)(E)(iii) 
        of the Social Security Act (42 U.S.C. 1395w-4(a)(7)(E)(iii)) is 
        amended by inserting ``, except such term does not include a 
        pathologist, as identified by enrollment under this title with 
        a specialty code of 22 or 69'' after ``section 1861(r)''.
            (2) Exclusion from incentive payments.--Section 
        1848(o)(5)(C) of such Act (42 U.S.C. 1395w-4(o)(5)(C)) is 
        amended by inserting ``, except such term does not include a 
        pathologist, as identified by enrollment under this title with 
        a specialty code of 22 or 69'' after ``section 1861(r)''.
    (b) Medicaid.--Section 1903(t)(3)(B)(i) of the Social Security Act 
(42 U.S.C. 1396b(t)(3)(B)(i)) is amended by inserting ``other than a 
pathologist, as identified by enrollment under title XVIII with a 
specialty code of 22 or 69 or by the applicable equivalent State 
identification number for pathology or independent laboratory'' after 
``physician''.
                                 <all>