123STA T .470PUBLIC LA W 111 –5—FE B. 17 , 200 9userfo r anEHR re p or ti n g perio d forapa ym ent year ( or , for purposes of su b se c tion (a ) ( 7 ), for an EHR reporting period under suc h subsection for a year) if each of the fo l lo w ing re q uirements is met
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‘(i) MEANI N GFUL U S E O F C E RT IFIE D E H R TECH - NOLOG Y.—T he eligible professional demonstrates to the satisfaction of the S ecretary, in accordance with subparagraph ( C )(i), that during such period the profes- sional is using certified EHR technology in a meaning- ful manner, which shall include the use of electronic prescribing as determined to be appropriate by the Secretary. ‘‘(ii) I NFOR M ATION E X CHANGE.—The eligible profes- sional demonstrates to the satisfaction of the Secretary, in accordance with subparagraph (C)(i), that during such period such certified EHR technology is connected in a manner that pro v ides, in accordance with law and standards applicable to the e x change of informa- tion, for the electronic exchange of health information to improve the quality of health care, such as pro- moting care coordination. ‘‘(iii) RE P ORTING ON MEASURES USING EHR.—Sub- j ect to subparagraph ( B )(ii) and using such certified EHR technology, the eligible professional submits information for such period, in a form and manner specified by the Secretary, on such clinical quality measures and such other measures as selected by the Secretary under subparagraph (B)(i). The Secretary may provide for the use of alternative means for meeting the requirements of clauses (i), (ii), and (iii) in the case of an eligible professional furnishing covered professional services in a group practice (as defined by the Secretary). The Secretary shall see k to improve the use of electronic health records and health care quality over time by requiring more stringent measures of mean- ingful use selected under this paragraph. ‘‘(B) REPORTING ON MEASURES.— ‘‘(i) SELECTION.—The Secretary shall select meas- ures for purposes of subparagraph ( A )(iii) but only consistent with the following: ‘‘(I) The Secretary shall provide preference to clinical quality measures that have been endorsed by the entity with a contract with the Secretary under section 1890 (a). ‘‘(II) P rior to any measure being selected under this subparagraph, the Secretary shall publish in the F ederal Register such measure and provide for a period of public comment on such measure. ‘‘(ii) L IMITATION.—The Secretary may not require the electronic reporting of information on clinical quality measures under subparagraph (A)(iii) unless the Secretary has the capacity to accept the informa- tion electronically, which may be on a pilot basis. ‘‘(iii) COORDINATION OF REPORTING OF INFORMA- TION.—In selecting such measures, and in establishing the form and manner for reporting measures under subparagraph (A)(iii), the Secretary shall seek to avoid Fed e ralR e gist er ,pub li c ati on.
