I 

112TH CONGRESS 

2D SESSION H. R. 4066 

To amend titles XVIII and XIX of the Social Security Act to exclude pathologists from incentive payments and penalties under Medicare and Medicaid 

relating to the meaningful use of electronic health records. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2012 

Mr. PRICE of Georgia (for himself and Mr. KIND) introduced the following 

bill; which was referred to the Committee on Energy and Commerce, and 

in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend titles XVIII and XIX of the Social Security Act 

to exclude pathologists from incentive payments and penalties under Medicare and Medicaid relating to the meaningful use of electronic health records. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Health Information 

5 Technology Reform Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Under the American Recovery and Reinvest2 ment Act of 2009, physicians are eligible to receive 

3 Federal funding to promote the adoption of elec4 tronic health records if meaningful use standards 

5 are met. 

6 (2) Beginning in 2015, certain physicians who 

7 do not meet such meaningful use standards face 

8 penalties in the form of reductions in Medicare pay9 ments. 

10 (3) Pathologists and their laboratories have 

11 been on the front lines of electronic health informa12 tion, utilizing computerized Laboratory Information 

13 Systems and Anatomic Pathology Information Sys14 tems to support the work of analyzing patient speci15 mens and generating test results. These laboratory 

16 information systems exchange laboratory and pathol17 ogy data with electronic health records and enter18 prise-wide clinical information systems. 

19 (4) Current regulations implementing electronic 

20 health record meaningful use standards largely re21 flect physician office-based practices and thus, are 

22 not applicable to the practice of pathology and lab23 oratory medicine. Furthermore, since pathologists 

24 use Laboratory Information Systems and Anatomic 

25 Pathology Information Systems, maintenance of cerVerDate Mar 15 2010 02:54 Feb 18, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4066.IH H4066

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1 tain patient health information in a certified elec2 tronic health record is not applicable. 

3 (5) This lack of alignment between regulation 

4 and pathology practice makes it impossible for pa5 thologists to satisfy meaningful use standards, put6 ting them at risk for payment penalties under Medi7 care. 

8 (6) Through their role in appropriate test selec9 tion and personalized medicine, and with access to 

10 the patient’s electronic health record, pathologists 

11 can play a key role in furthering Congress’ goals of 

12 reducing costs and improving health care quality. 

13 (7) However, imposing payment penalties on 

14 pathologists for failing to meet electronic health 

15 record meaningful use standards that do not apply 

16 to their practice and typical interaction with pa17 tients, will not help advance quality care and ac18 countability. 

19 SEC. 3. EXCLUDING PATHOLOGISTS FROM MEDICARE AND 

20 MEDICAID INCENTIVE PAYMENTS AND PEN21 ALTIES RELATING TO THE MEANINGFUL USE 

22 OF ELECTRONIC HEALTH RECORDS. 

23 (a) MEDICARE.— 

24 (1) EXCLUSION FROM PENALTIES.—Section 

25 1848(a)(7)(E)(iii) of the Social Security Act (42 


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1 U.S.C. 1395w–4(a)(7)(E)(iii)) is amended by insert2 ing ‘‘, except such term does not include a patholo3 gist, as identified by enrollment under this title with 

4 a specialty code of 22 or 69’’ after ‘‘section 

5 1861(r)’’. 

6 (2) EXCLUSION FROM INCENTIVE PAYMENTS.— 

7 Section 1848(o)(5)(C) of such Act (42 U.S.C. 

8 1395w–4(o)(5)(C)) is amended by inserting ‘‘, ex9 cept such term does not include a pathologist, as 

10 identified by enrollment under this title with a spe11 cialty code of 22 or 69’’ after ‘‘section 1861(r)’’. 

12 (b) MEDICAID.—Section 1903(t)(3)(B)(i) of the So13 cial Security Act (42 U.S.C. 1396b(t)(3)(B)(i)) is amend14 ed by inserting ‘‘other than a pathologist, as identified by 

15 enrollment under title XVIII with a specialty code of 22 

16 or 69 or by the applicable equivalent State identification 

17 number for pathology or independent laboratory’’ after 

18 ‘‘physician’’. 

Æ 


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