I 
111TH CONGRESS 
2D SESSION 
H. R. 6072 
To amend titles XVIII and XIX of the Social Security Act to clarify the 
application of EHR payment incentives in cases of multi-campus hospitals. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 30, 2010 
Mr. SPACE (for himself, Mr. STARK, Mr. PALLONE, Mr. LEVIN, Mr. WAXMAN, 
Mr. DINGELL, Mr. BURGESS, Mr. ENGEL, Mrs. BLACKBURN, Mr. BOU-
CHER, Mr. BUTTERFIELD, Mrs. CAPPS, Ms. CASTOR of Florida, Mr. 
CROWLEY, Mr. DAVIS of Illinois, Mr. DOGGETT, Mr. GONZALEZ, Mr. 
GENE GREEN of Texas, Mr. HIGGINS, Mr. LEWIS of Georgia, Mr. 
MCDERMOTT, Mr. MEEK of Florida, Mr. NEAL of Massachusetts, Mr. 
PASCRELL, Mr. POMEROY, Mr. RANGEL, Ms. SCHWARTZ, Ms. SUTTON, 
Mr. THOMPSON of California, Mr. VAN HOLLEN, and Mr. WEINER) intro-
duced the following bill; which was referred to the Committee on Ways 
and Means, and in addition to the Committee on Energy and Commerce, 
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 clarify the application of EHR payment incentives 
in cases of multi-campus hospitals. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Mar 15 2010 
23:41 Aug 04, 2010
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6072.IH
H6072
pwalker on DSK8KYBLC1PROD with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Electronic Health 
Record Incentives for Multi-Campus Hospitals Act of 
2010’’. 
SEC. 2. CLARIFICATION OF INCENTIVES FOR MULTI-CAM-
PUS HOSPITALS FOR ADOPTION AND MEAN-
INGFUL USE OF CERTIFIED ELECTRONIC 
HEALTH RECORDS. 
(a) SPECIAL RULE FOR APPLYING MEDICARE EHR 
INCENTIVE PAYMENTS
TO REMOTE INPATIENT LOCA-
TIONS OF A HOSPITAL.—Section 1886(n) of the Social Se-
curity Act (42 U.S.C. 1395ww(n)) is amended— 
(1) in paragraph (2), by adding at the end the 
following new subparagraph: 
‘‘(H) SPECIAL RULE FOR REMOTE INPA-
TIENT LOCATIONS OF A HOSPITAL.— 
‘‘(i) IN GENERAL.—In the case of an 
eligible hospital that consists of a qualified 
main provider and one or more qualified 
remote inpatient locations, the hospital 
may elect (in such form and manner as 
specified by the Secretary) for all applica-
ble payment years to— 
‘‘(I) substitute the base amount 
alternative described in clause (ii) for 
VerDate Mar 15 2010 
23:41 Aug 04, 2010
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6072.IH
H6072
pwalker on DSK8KYBLC1PROD with BILLS
the base amount described in subpara-
graph (A)(i)(I); or 
‘‘(II) substitute the discharge re-
lated amount alternative described in 
clause (iii) for the discharge related 
amount described in subparagraph 
(A)(i)(II). 
The election described in the previous sen-
tence, with respect to an eligible hospital, 
shall be made once for such hospital and 
shall apply to such hospital for all applica-
ble payment years. 
‘‘(ii) BASE AMOUNT ALTERNATIVE.— 
The base amount alternative described in 
this clause with respect to an eligible hos-
pital is the product of— 
‘‘(I) the base amount specified in 
subparagraph (B); and 
‘‘(II) the total number of all 
qualified component facilities of the 
hospital. 
An election to substitute the base amount 
alternative described in this clause shall 
not affect the computation of the discharge 
VerDate Mar 15 2010 
23:41 Aug 04, 2010
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6072.IH
H6072
pwalker on DSK8KYBLC1PROD with BILLS
related amount specified in subparagraph 
(C) for the eligible hospital. 
‘‘(iii) DISCHARGE RELATED AMOUNT 
ALTERNATIVE.—The 
discharge 
related 
amount alternative described in this clause 
with respect to an eligible hospital for a 
12-month period is determined as follows: 
‘‘(I) First, compute the amount 
under subparagraph (C) as if the 
phrase ‘estimated based upon total 
discharges for the eligible hospital (re-
gardless of any source of payment) for 
the period divided by the total number 
of all component facilities of the hos-
pital’ were substituted for the phrase 
‘estimated based upon total discharges 
for the eligible hospital (regardless of 
any source of payment) for the pe-
riod’. 
‘‘(II) Then multiply the amount 
computed under subclause (I) by the 
total number of all qualified compo-
nent facilities of such hospital. 
‘‘(iv) DEFINITIONS.—For purposes of 
this subsection: 
VerDate Mar 15 2010 
23:41 Aug 04, 2010
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6072.IH
H6072
pwalker on DSK8KYBLC1PROD with BILLS
Human Services may implement by program instruc-
tion or otherwise this section. 
(2) ADMINISTRATION.—Chapter 35 of title 44, 
United States Code, shall not apply to the collection 
of information to carry out the amendments made 
by this section. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply as if included in the enactment 
of the American Recovery and Reinvestment Act of 2009 
(Public Law 111–5). 
SEC. 3. CLARIFICATION FOR MEDICAID EHR PAYMENT IN-
CENTIVES. 
(a) IN GENERAL.—Section 1903(t)(5) of the Social 
Security Act (42 U.S.C. 1396b(t)(5)) is amended— 
(1) by adding at the end the following new sub-
paragraph: 
‘‘(E) For purposes of determining the applicable 
amounts specified in subparagraph (A) of section 
1886(n)(2), as applied by the first sentence of subpara-
graph (B)— 
‘‘(i) the provisions of subparagraph (H) of such 
section shall apply to a Medicaid provider described 
in paragraph (2)(B) consisting of a qualified main 
provider and one or more qualified remote inpatient 
locations (as such terms are defined in clause (iv) of 
VerDate Mar 15 2010 
23:41 Aug 04, 2010
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6072.IH
H6072
pwalker on DSK8KYBLC1PROD with BILLS
such subparagraph (H)) in the same manner and to 
the same extent that such subparagraph applies to 
an eligible hospital described in clause (i) of such 
subparagraph, except that— 
‘‘(I) in applying the second sentence of 
clause (iv)(IV) of such subparagraph, with re-
spect to a Medicaid provider described in para-
graph (2)(B), in lieu of certifying that a remote 
inpatient location is a meaningful EHR user, 
the Medicaid provider shall certify that the re-
mote inpatient location is described in para-
graph (2)(B) and is in compliance with para-
graph (6)(C) of this subsection for the year of 
payment involved; and 
‘‘(II) the first sentence of clause (iv)(IV) of 
such subparagraph shall be applied in the case 
of a Medicaid provider described in paragraph 
(2)(B)(i) without regard to the requirement 
that inpatient hospital services provided are 
paid for under section 1886(d); and 
‘‘(ii) an election made under subparagraph (H) 
of such section by an eligible hospital described in 
clause (i) of such subparagraph that is a Medicaid 
provider described in paragraph (2)(B), shall apply. 
VerDate Mar 15 2010 
23:41 Aug 04, 2010
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6072.IH
H6072
pwalker on DSK8KYBLC1PROD with BILLS
The Secretary may make appropriate adjustments to the 
overall hospital EHR amount under subparagraph (B), 
with respect to a Medicaid provider described in paragraph 
(2)(B), to take into account the provisions of this subpara-
graph.’’; and 
(2) in the first sentence of subparagraph (B), 
by inserting ‘‘and subject to subparagraph (E)’’ 
after ‘‘For purposes of this paragraph’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply as if included in the enactment 
of the American Recovery and Reinvestment Act of 2009 
(Public Law 111–5). 
Æ 
VerDate Mar 15 2010 
23:41 Aug 04, 2010
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6301
E:\BILLS\H6072.IH
H6072
pwalker on DSK8KYBLC1PROD with BILLS