123STA T .476PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9‘ ‘ (A)them eth od o l o gyan d s tanda r ds f or determ i ning p ayment amo u nts and payment ad j ustments under this su b se c tion , including a v oiding duplication of payments under paragraph ( 3 )( B ) and the specification of rules for the fi x ed schedule for application of limitation on incentive payments for all eligible professionals under paragraph (3)( C )
‘‘(B) the methodology and standards for determining eligible professionals under paragraph ( 2 ); and ‘‘(C) the methodology and standards for determining a meaningful EHR user under section 184 8(o)(2), including specification of the means of demonstrating meaningful EHR use under section 1848(o)(3)(C) and selection of meas - ures under section 1848(o)(3)(B) .’ ’. (d) STUDYAN DR EPOR TRE L AT I N G TO M A O RGANI Z ATION S . — (1) STUDY.— T he Secretary of Health and Human Services shall conduct a study on the extent to w hich and manner in which payment incentives and adjustments (such as under sections 1848(o) and 1848(a)( 7 ) of the Social Security Act) could be made available to professionals, as defined in 18 6 1(r), who are not eligible for H I T incentive payments under section 1848(o) and receive payments for Medicare patient services nearly-exclusively through contractual arrangements with one or more Medicare Advantage organi z ations, or an intermediary organization or organizations with contracts with Medicare Advantage organizations. Such study shall assess approaches for measuring meaningful use of q ualified EHR technology among such professionals and mechanisms for delivering incen- tives and adjustments to those professionals, including through incentive payments and adjustments through Medicare Advan- tage organizations or intermediary organizations. (2) REPORT.— N ot later than 12 0 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the findings and the conclusions of the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (e) CON F OR M ING AMENDMENTS.—Section 18 5 3 of the Social Security Act (42 U .S.C. 13 9 5w – 23) is amended— (1) in subsection (a)(1)(A), by stri k ing ‘‘and (i)’’ and inserting ‘‘(i), and (l)’’; (2) in subsection (c)— (A) in paragraph (1)( D )(i), by striking ‘‘section 1886(h)’’ and inserting ‘‘sections 1848(o) and 1886(h)’’; and (B) in paragraph (6)(A), by inserting after ‘‘under part B,’’ the following
‘‘excluding expenditures attributable to subsections (a)(7) and (o) of section 1848,’’; and (3) in subsection (f), by inserting ‘‘and for payments under subsection (l)’’ after ‘‘with the organization’’. (f) CONFORMING AMENDMENTS TO E- P RES C RI B ING.— (1) Section 1848(a)(5)(A) of the Social Security Act (42 U.S.C. 1395w–4(a)(5)(A)) is amended— (A) in clause (i), by striking ‘‘or any subsequent year’’ and inserting ‘‘, 2013 or 2014’’; and (B) in clause (ii), by striking ‘‘and each subsequent year’’.
