123STA T .480PUBLIC LA W 111 –5—FE B.1 7, 200 9‘ ‘ (i ii )REPORTING ON M E ASU RES USING E H R .—Sub-ject t os ub par a g rap h ( B )(ii) a nd using such certi f ied EH R techno l og y, the eligible hospital sub m its informa- tion for such period, in a form and manner specified by the Secretary, on such clinical q uality measures and such other measures as selected by the Secretary under subparagraph (B)(i). T he Secretary shall see k to impro v e the use of electronic health records and health care quality over time by requiring more stringent measures of meaningful use selected under this paragraph. ‘‘(B) REPORTING ON MEASURES.— ‘‘(i) SE L E C TION.—The Secretary shall select meas- ures for purposes of subparagraph ( A )(iii) but only consistent w ith the following
‘‘( I ) The Secretary shall provide preference to clinical quality measures that have been selected for purposes of applying subsection (b)( 3 )(B)(viii) or that have been endorsed by the entity with a contract with the Secretary under section 1890 (a). ‘‘(II) P rior to any measure (other than a clin- ical quality measure that has been selected for purposes of applying subsection (b)(3)(B)(viii)) being selected under this subparagraph, the Sec- retary shall publish in the F ederal Register such measure and provide for a period of public com- ment on such measure. ‘‘(ii) L IMITATIONS.—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) C OOR D INATION O F 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 redundant or duplicative reporting with reporting otherwise required, including reporting under sub- section (b)(3)(B)(viii). ‘‘(C) D EMONSTRATION OF MEANINGFUL USE OF CERTIFIED EHR TECHNOLOG Y AND INFORMATION E X CHANGE.— ‘‘(i) IN GENERAL.—An eligible hospital may satisfy the demonstration requirement of clauses (i) and (ii) of subparagraph (A) through means specified by the Secretary, which may include— ‘‘(I) an attestation
‘‘(II) the submission of claims with appropriate coding (such as a code indicating that inpatient care was documented using certified EHR tech- nology); ‘‘(III) a survey response; ‘‘(I V ) reporting under subparagraph (A)(iii); and ‘‘(V) other means specified by the Secretary. Fed e ralR e gist er ,pub li c ati on.
