I 

112TH CONGRESS 

1ST SESSION H. R. 2128 

To amend title XVIII of the Social Security Act to prevent the application 

of payment adjustments for eligible professionals who are not successful 

electronic prescribers, to remove any electronic prescribing requirement 

as an element for demonstrating meaningful use of certified EHR technology, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 3, 2011 

Mrs. ELLMERS (for herself and Mrs. BLACK) 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 to prevent 

the application of payment adjustments for eligible professionals who are not successful electronic prescribers, 

to remove any electronic prescribing requirement as an 

element for demonstrating meaningful use of certified 

EHR technology, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘STEAM (Stripping 

3 The E-Prescribe Arbitrary Mandates) Act of 2011’’. 

4 SEC. 2. PREVENTING APPLICATION OF MEDICARE PAY5 MENT ADJUSTMENTS FOR ELIGIBLE PROFES6 SIONALS NOT SUCCESSFUL ELECTRONIC 

7 PRESCRIBERS. 

8 (a) REPEAL OF E-PRESCRIBING PAYMENT ADJUST9 MENT.—Paragraph (5) of section 1848(a) of the Social 

10 Security Act (42 U.S.C. 1395w–4(a)) is repealed. 

11 (b) REMOVING E-PRESCRIBING AS ELEMENT OF

12 DEMONSTRATING MEANINGFUL USE OF CERTIFIED EHR 

13 TECHNOLOGY.— 

14 (1) ELIGIBLE PROFESSIONALS.—Section 

15 1848(o)(2)(A) of the Social Security Act (42 U.S.C. 

16 1395w–4(o)(2)(A)) is amended— 

17 (A) in clause (i), by striking ‘‘, which shall 

18 include the use of electronic prescribing as de19 termined to be appropriate by the Secretary’’; 

20 (B) in clause (iii), by inserting ‘‘(other 

21 than electronic prescribing quality measures)’’ 

22 after ‘‘such other measures’’; and 

23 (C) by adding at the end the following new 

24 sentence: ‘‘In no case shall an eligible profes25 sional be required to use (or demonstrate the 

26 use of) electronic prescribing in order for such 


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1 professional to be treated as a meaningful EHR 

2 user in accordance with this subparagraph.’’. 

3 (2) ELIGIBLE HOSPITALS.—Section 

4 1886(n)(3)(A) of the Social Security Act (42 U.S.C. 

5 1395ww(n)(3)(A)) is amended— 

6 (A) in clause (iii), by inserting ‘‘(other 

7 than electronic prescribing quality measures)’’ 

8 after ‘‘such other measures’’; and 

9 (B) by adding at the end the following new 

10 sentence: ‘‘In no case shall an eligible hospital 

11 be required to use (or demonstrate the use of) 

12 electronic prescribing in order for such hospital 

13 to be treated as a meaningful EHR user in ac14 cordance with this subparagraph.’’. 

15 (3) EFFECTIVE DATE.—The amendments made 

16 by paragraphs (1) and (2) shall apply with respect 

17 to EHR reporting periods beginning after the date 

18 of the enactment of this Act. 

19 (c) EXCLUDING E-PRESCRIBING FROM SHARED SAV20 INGS PROGRAM REPORTING REQUIREMENTS.—Section 

21 1899(b)(3)(D) of such Act (42 U.S.C. 1395jjj(b)(3)(D)) 

22 is amended— 

23 (1) by striking ‘‘electronic prescribing,’’; and 

24 (2) inserting ‘‘(but not including such require25 ments and such payments related to electronic preVerDate Mar 15 2010 22:58 Jun 09, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2128.IH H2128

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1 scribing)’’ after ‘‘other similar initiatives under sec2 tion 1848’’. 

3 (d) CONFORMING AMENDMENTS.— 

4 (1) Subsection (a) of section 1848 of such Act 

5 (42 U.S.C. 1395w–4) is amended— 

6 (A) in paragraph (4)(A), by striking ‘‘, ex7 cept as provided in paragraph (5)’’; 

8 (B) in paragraph (7)(A)(ii)(I), by striking 

9 ‘‘(or, in the case of an eligible professional who 

10 was subject to the application of the payment 

11 adjustment under section 1848(a)(5) for 2014, 

12 98 percent)’’; and 

13 (C) in paragraph (8)(A)(i), by striking 

14 ‘‘paragraphs (3), (5), and (7)’’ and inserting 

15 ‘‘paragraphs (3) and (7)’’. 

16 (2) Subsection (m) of such section is amend17 ed— 

18 (A) in paragraph (2)(B), by striking ‘‘and 

19 subsection (a)(5)’’ and by striking ‘‘(or, for 

20 purposes of subsection (a)(5), for the reporting 

21 period for a year)’’; 

22 (B) in paragraph (3)(B)(i), by striking 

23 ‘‘and subsection (a)(5)’’ and by striking ‘‘(or, 

24 for purposes of subsection (a)(5), for the re25 porting period for a year)’’; 


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1 (C) in each of clauses (ii) and (iii) of para2 graph (3)(B), by striking ‘‘(or, for purposes of 

3 subsection (a)(5), for the reporting period for a 

4 year)’’; 

5 (D) in paragraph (3)(C), by striking ‘‘or, 

6 for purposes of subsection (a)(5), for a report7 ing period for a year,’’; 

8 (E) in paragraph (5)(E)(iii), by striking ‘‘, 

9 the limitation under paragraph (2)(B), and the 

10 exception under subsection (a)(5)(B)’’ and in11 serting ‘‘and the limitation under paragraph 

12 (2)(B)’’; and 

13 (F) in paragraph (6)(C)(iii), by striking 

14 ‘‘(a)(5)’’ and by striking ‘‘the reporting period 

15 under subsection (a)(5)(D)(iii)’’. 

Æ 


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