[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3173 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 3173

To amend title XVIII of the Social Security Act to provide for a 90-day 
   EHR reporting period for the determination of whether an eligible 
   professional or eligible hospital is a meaningful EHR user and to 
  remove the all-or-nothing approach to meaningful use, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2016

Mr. Thune (for himself, Mr. Alexander, Mr. Burr, Mr. Enzi, Mr. Roberts, 
 and Mr. Cassidy) introduced the following bill; which was read twice 
                and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend title XVIII of the Social Security Act to provide for a 90-day 
   EHR reporting period for the determination of whether an eligible 
   professional or eligible hospital is a meaningful EHR user and to 
  remove the all-or-nothing approach to meaningful use, 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 ``EHR Regulatory Relief Act''.

SEC. 2. 90-DAY EHR REPORTING PERIOD FOR DETERMINATION OF WHETHER AN 
              ELIGIBLE PROFESSIONAL OR ELIGIBLE HOSPITAL IS A 
              MEANINGFUL EHR USER.

    (a) For an Eligible Professional for the 2016 EHR Reporting Period 
for the 2018 Payment Adjustment.--Section 1848(a)(7)(E)(ii) of the 
Social Security Act (42 U.S.C. 1395w-4(a)(7)(E)(ii)) is amended by 
adding at the end the following new sentence: ``For the EHR reporting 
period with respect to 2018 or additional years, such term shall also 
include a 90-day EHR reporting period, in addition to any period (or 
periods) specified by the Secretary.''.
    (b) Continuation of 90-Day EHR Reporting Period Under MIPS.--
Section 1848(o)(5)(B) of the Social Security Act (42 U.S.C. 1395w-
4(o)(5)(B)) is amended by adding at the end the following new sentence: 
``For purposes of determining a performance period under subsection 
(q)(4) with respect to the performance category described in subsection 
(q)(2)(A)(iv), and for purposes of the performance period described in 
paragraph (2)(D), for years as the Secretary determines appropriate, 
such term shall also include a 90-day EHR performance period, in 
addition to any period (or periods) specified by the Secretary.''.
    (c) For an Eligible Hospital for the 2016 EHR Reporting Period and 
Subsequent Reporting Periods and Payment Adjustments for Fiscal Year 
2018 and Subsequent Fiscal Years.--Section 1886(b)(3)(B)(ix)(IV) of the 
Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(ix)(IV)) is amended by 
adding at the end the following new sentence: ``For the EHR reporting 
period with respect to fiscal year 2018 and each subsequent fiscal 
year, such term shall also include a 90-day EHR reporting period (or 
periods) specified by the Secretary.''.

SEC. 3. REMOVING THE ALL-OR-NOTHING APPROACH TO MEANINGFUL USE.

    (a) For an Eligible Professional.--Section 1848(o)(2) of the Social 
Security Act (42 U.S.C. 1395w-4(o)(2)) is amended by adding at the end 
the following new subparagraph:
                    ``(E) Flexibility for meaningful use determinations 
                for eligible professionals.--In applying clauses (i), 
                (ii), and (iii) of subparagraph (A), the Secretary may 
                determine that an eligible professional is a meaningful 
                EHR user for the EHR reporting period for 2018 or 
                additional years as determined by the Secretary if such 
                eligible professional meets at least 70 percent (or a 
                portion between 50 and 70 percent) of the measures 
                established by the Secretary.''.
    (b) For an Eligible Hospital.--Section 1886(n)(3) of the Social 
Security Act (42 U.S.C. 1395ww(n)(3)) is amended by adding at the end 
the following new paragraph:
                    ``(D) Flexibility for meaningful use determinations 
                for eligible hospitals.--In applying clauses (i), (ii), 
                and (iii) of subparagraph (A), for purposes of 
                subsection (b)(3)(B)(ix) for an EHR reporting period 
                under such subsection with respect to fiscal years 
                after 2018, the Secretary shall determine that an 
                eligible hospital is a meaningful EHR user for the EHR 
                reporting period for such fiscal years using a 
                methodology specified by the Secretary through 
                rulemaking based on performance with respect to 
                objectives and measures established by the Secretary 
                that is met by an eligible hospital. Such methodology 
                shall allow an eligible hospital to be a meaningful EHR 
                user if they achieve 70 percent (or a portion between 
                50 and 70 percent) of such measures or if they achieve 
                a composite score (as determined by the Secretary 
                through rulemaking) based on such measures.''.
    (c) Conforming Amendments.--The last sentence of each of sections 
1848(o)(2)(A) and 1886(n)(3)(A) of the Social Security Act (42 U.S.C. 
1395w-4(o)(2)(A), 1395ww(n)(3)(A)) are amended by striking ``by'' and 
all that follows before the period at the end.

SEC. 4. EXTENDING FLEXIBILITY IN APPLYING HARDSHIP EXCEPTION FOR 
              MEANINGFUL USE.

    (a) For an Eligible Professional for the 2016 EHR Reporting Period 
for the 2018 Payment Adjustment.--Section 1848(a)(7)(B) of the Social 
Security Act (42 U.S.C. 1395w-4(a)(7)(B)) is amended--
            (1) by striking ``exception.--The Secretary'' and inserting 
        ``exception.--
                            ``(i) In general.--The Secretary'';
            (2) in the first sentence of clause (i), as added by 
        paragraph (1)--
                    (A) by striking ``2017'' and inserting ``each of 
                2017 and 2018''; and
                    (B) by striking ``March 15, 2016'' and inserting 
                ``the applicable date (as defined in clause (ii))''; 
                and
            (3) by adding at the end the following new clause:
                            ``(ii) Applicable date defined.--In this 
                        subparagraph, the term `applicable date' 
                        means--
                                    ``(I) with respect to the payment 
                                adjustment under subparagraph (A) for 
                                2017, March 15, 2016; and
                                    ``(II) with respect to the payment 
                                adjustment under subparagraph (A) for 
                                2018, March 15, 2017.''.
    (b) For an Eligible Hospital for the 2016 and 2017 EHR Reporting 
Periods and Payment Adjustments for Fiscal Years 2018 and 2019.--
Section 1886(b)(3)(B)(ix) of the Social Security Act (42 U.S.C. 
1395ww(b)(3)(B)(ix)) is amended--
            (1) in the first sentence of subclause (II)--
                    (A) by striking ``fiscal year 2017'' and inserting 
                ``each of fiscal years 2017 through 2019''; and
                    (B) by striking ``April 1, 2016'' and inserting 
                ``the applicable date (as defined in subclause (V))''; 
                and
            (2) by adding at the end the following new subclause:
    ``(V) For purposes of this clause, the term `applicable date' 
means--
            ``(aa) with respect to the payment reduction under 
        subclause (I) for fiscal year 2017, April 1, 2016;
            ``(bb) with respect to the payment reduction under 
        subclause (I) for fiscal year 2018, April 1, 2017; and
            ``(cc) with respect to the payment reduction under 
        subclause (I) for fiscal year 2019, April 1, 2018.''.
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