I 

114TH CONGRESS 

1ST SESSION H. R. 887 

To amend title XVIII of the Social Security Act with respect to the treatment 

of patient encounters in ambulatory surgical centers in determining 

meaningful EHR use, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2015 

Mrs. BLACK (for herself, Mr. DAVID SCOTT of Georgia, Ms. LINDA T. 

SA ́NCHEZ of California, and Mr. BUCHANAN) 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 title XVIII of the Social Security Act with respect 

to the treatment of patient encounters in ambulatory 

surgical centers in determining meaningful EHR use, 

and for other purposes. 

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 ‘‘Electronic Health 

5 Fairness Act of 2015’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Ambulatory surgery centers were not cov4 ered under the provisions of the HITECH Act of 

5 2009, which created certification standards and in6 centives for adopting electronic health record (EHR) 

7 technology in the physician office and hospital set8 tings. 

9 (2) CMS defines a meaningful EHR user as an 

10 eligible professional having 50 percent or more of 

11 the professional’s outpatient encounters at practices 

12 or locations equipped with certified EHR technology. 

13 (3) Physicians with patient encounters in an 

14 ambulatory surgical center are at a disadvantage 

15 when attempting to meet meaningful use require16 ments because there currently is not certified EHR 

17 technology for such centers. 

18 (4) Until such time as EHR technology is cer19 tified specifically for use in the ambulatory surgical 

20 centers, patient encounters that occur in such a cen21 ter should not be used when calculating whether an 

22 eligible professional meets meaningful use require23 ments, unless an eligible professional elects to in24 clude those encounters. 


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1 SEC. 3. TREATMENT OF PATIENT ENCOUNTERS IN AMBULA2 TORY SURGICAL CENTERS IN DETERMINING 

3 MEANINGFUL EHR USE. 

4 Section 1848(o)(2) of the Social Security Act (42 

5 U.S.C. 1395w–4(o)(2)) is amended by adding at the end 

6 of the following new subparagraph: 

7 ‘‘(D) TREATMENT OF PATIENT ENCOUN8 TERS AT AMBULATORY SURGICAL CENTERS.— 

9 ‘‘(i) IN GENERAL.—Subject to clause 

10 (ii), any patient encounter of an eligible 

11 professional occurring at an ambulatory 

12 surgical center (described in section 

13 1832(i)(1)(A)) shall not be treated as a 

14 patient encounter in determining whether 

15 an eligible professional qualifies as a mean16 ingful EHR user. 

17 ‘‘(ii) SUNSET.—Clause (i) shall no 

18 longer apply as of the first year that be19 gins more than 3 years after the date the 

20 Secretary certifies EHR technology for the 

21 ambulatory surgical center setting.’’. 

Æ 


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