123STA T .48 4 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9‘ ‘ (B)them eth od o l o gyan d s tanda r ds f or determ i ning a meaningf u l EHR user under se c tion 18 8 6 (n)( 3 )as w ould a p ply if the hospital was treated as an eligi b le hospital under section 1886(n) , and the hardship e x ception under paragraph ( 4 )( C )
‘‘(C) the specification of EHR reporting periods under sec - tion 1886(n)(6)(B) as applied under paragraphs (3) and (4); and ‘‘( D ) the identification of costs for purposes of paragraph (3)(C) .’ ’. (c) AP P LICAT I ON TOC ER TAIN M A-A F FILIATE D ELI G I B LE HO S - PITALS. —S ection 18 5 3 of the Social Security Act (4 2U .S.C. 13 9 5w – 23), as amended by section 41 0 1(c), is further amended by adding at the end the following new subsection
‘‘(m) APPLICATION OF ELIGIBLE HOSPITAL I NCENTI V ES FOR CER- TAIN MA O RGANI Z ATIONS FOR ADOPTION AND MEANINGF U L USE OF CERTIFIED EHR T EC H NOLOG Y .— ‘‘(1) APPLICATION.—Sub j ect to paragraphs (3) and (4), in the case of a q ualifying MA organi z ation, the pro v isions of sections 1886(n) and 1886(b)(3)(B)(ix) shall apply with respect to eligible hospitals described in paragraph (2) of the organiza- tion which the organization attests under subsection (l)(6) to be meaningful EHR users in a similar manner as they apply to eligible hospitals under such sections. Incentive payments under paragraph (3) shall be made to and payment adjustments under paragraph (4) shall apply to such qualifying organiza- tions. ‘‘(2) ELIGIBLE HOSPITAL DESCRIBED.— W ith respect to a qualifying MA organization, an eligible hospital described in this paragraph is an eligible hospital (as defined in section 1886(n)(6)(A)) that is under common corporate governance with such organization and serves individuals enrolled under an MA plan offered by such organization. ‘‘(3) ELIGIBLE HOSPITAL INCENTIVE PAY M ENTS.— ‘‘(A) IN GENERAL.—In applying section 1886(n)(2) under paragraph (1), instead of the additional payment amount under section 1886(n)(2), there shall be substituted an amount determined by the Secretary to be similar to the estimated amount in the aggregate that would be payable if payment for services furnished by such hospitals was payable under part A instead of this part. In implementing the previous sentence, the Secretary— ‘‘(i) shall, insofar as data to determine the dis- charge related amount under section 1886(n)(2)(C) for an eligible hospital are not available to the Secretary, use such alternative data and methodology to estimate such discharge related amount as the Secretary deter- mines appropriate; and ‘‘(ii) shall, insofar as data to determine the medi- care share described in section 1886(n)(2)(D) for an eligible hospital are not available to the Secretary, use such alternative data and methodology to estimate such share, which data and methodology may include use of the inpatient-bed-days (or discharges) with respect to an eligible hospital during the appropriate period which are attributable to both individuals for
