123STA T .489PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 oftheF e d e ralC o m m unic ation s Commission , conduct a stud y on —( i ) the current a v aila b ility of o p en source health information technolo g y systems to Federal safety net providers (including small, rural providers)
(ii) the total cost of o w nership of such systems in comparison to the cost of proprietary commercial products available; (iii) the ability of such systems to respond to the needs of, and be applied to, various populations (including children and disabled individuals); and (iv) the capacity of such systems to facilitate inter - operability . ( B )C ONSIDERAT IONS.— I n conducting the study under subparagraph ( A ), the S ecretary of H ealth and Human Services shall ta k e into account the circumstances of smaller health care providers, health care providers located in rural or other medically underserved areas, and safety net providers that deliver a significant level of health care to uninsured individuals, M edicaid beneficiaries, SCHI P beneficiaries, and other vulnerable individuals. ( 2 ) R E P ORT.— N ot later than O ctober 1 ,2 0 10, the Secretary of Health and Human Services shall submit to Congress a report on the findings and the conclusions of the study con- ducted under paragraph (1), together with recommendations for such legislation and administrative action as the Secretary determines appropriate. Subti t leB—M e d i ca id In centi v e sSEC.4201 . M E DI C A ID PROV IDER H I T ADOPTIO N AND OPERATION PA Y- MENTS
IMP L EMENTATION FU NDIN G . (a) IN G ENERA L .—Section 1 9 0 3 of the Social Security Act ( 4 2 U .S.C. 139 6 b) is amended— (1) in subsection (a)(3)— (A) by striking ‘ ‘and ’ ’ at the end of subparagraph ( D ); (B) by striking ‘‘plus’’ at the end of subparagraph ( E ) and inserting ‘‘and’’; and (C) by adding at the end the following new subpara- graph
‘‘(F)(i) 100 percent of so much of the sums e x pended during such q uarter as are attributable to payments to Medicaid providers described in subsection (t)(1) to encour- age the adoption and use of certified EHR technology; and ‘‘(ii) 90 percent of so much of the sums expended during such quarter as are attributable to payments for reasonable administrative expenses related to the administration of payments described in clause (i) if the State meets the condition described in subsection (t)(9); plus’’; and (2) by inserting after subsection (s) the following new sub- section: ‘‘(t)(1) For purposes of subsection (a)(3)(F), the payments described in this paragraph to encourage the adoption and use of certified EHR technology are payments made by the State in accordance with this subsection —
