186 
extent that the objective described in subpara-
graph (A) has been achieved. 
(D) RECOMMENDATIONS
IF
OBJECTIVE 
NOT
ACHIEVED.—If the Secretary of Health 
and Human Services determines that the objec-
tive described in subparagraph (A) has not been 
achieved by December 31, 2017, then the Sec-
retary shall submit to Congress a report, by not 
later than December 31, 2018, that identifies 
barriers to such objective and recommends ac-
tions that the Federal Government can take to 
achieve such objective. Such recommended ac-
tions may include recommendations— 
(i) to adjust payments for not being 
meaningful EHR users under the Medicare 
EHR incentive programs; and 
(ii) for criteria for decertifying cer-
tified EHR technology products. 
(2) PREVENTING BLOCKING THE SHARING OF 
INFORMATION.— 
(A) FOR
MEANINGFUL
EHR
PROFES-
SIONALS.—Section 1848(o)(2)(A)(ii) of the So-
cial 
Security 
Act 
(42 
U.S.C. 
1395w– 
4(o)(2)(A)(ii)) is amended by inserting before 
the period at the end the following: ‘‘, and the 
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professional demonstrates (through a process 
specified by the Secretary, such as the use of an 
attestation) that the professional has not know-
ingly and willfully taken any action to limit or 
restrict the compatibility or interoperability of 
the certified EHR technology’’. 
(B) FOR MEANINGFUL EHR HOSPITALS.— 
Section 1886(n)(3)(A)(ii) of the Social Security 
Act (42 U.S.C. 1395ww(n)(3)(A)(ii)) is amend-
ed by inserting before the period at the end the 
following: ‘‘, and the hospital demonstrates 
(through a process specified by the Secretary, 
such as the use of an attestation) that the hos-
pital has not knowingly and willfully taken any 
action to limit or restrict the compatibility or 
interoperability of the certified EHR tech-
nology’’. 
(C) EFFECTIVE DATE.—The amendments 
made by this subsection shall apply to meaning-
ful EHR users as of the date that is one year 
after the date of the enactment of this Act. 
(3) STUDY AND REPORT ON THE FEASIBILITY 
OF
ESTABLISHING
A
WEBSITE
TO
COMPARE
CER-
TIFIED EHR TECHNOLOGY PRODUCTS.— 
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188 
(A) STUDY.—The Secretary shall conduct 
a study to examine the feasibility of estab-
lishing mechanisms that includes aggregated re-
sults of surveys of meaningful EHR users on 
the functionality of certified EHR technology 
products to enable such users to directly com-
pare the functionality and other features of 
such products. Such information may be made 
available through contracts with physician, hos-
pital, or other organizations that maintain such 
comparative information. 
(B) REPORT.—Not later than 1 year after 
the date of the enactment of this Act, the Sec-
retary shall submit to Congress a report on the 
website. The report shall include information on 
the benefits of, and resources needed to develop 
and maintain, such a website. 
(4) DEFINITIONS.—In this subsection: 
(A) The term ‘‘certified EHR technology’’ 
has the meaning given such term in section 
1848(o)(4) of the Social Security Act (42 
U.S.C. 1395w–4(o)(4)). 
(B) The term ‘‘meaningful EHR user’’ has 
the meaning given such term under the Medi-
care EHR incentive programs. 
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(C) The term ‘‘Medicare and Medicaid 
EHR incentive programs’’ means— 
(i) in the case of the Medicare pro-
gram under title XVIII of the Social Secu-
rity Act, the incentive programs under sec-
tion 1814(l)(3), section 1848(o), sub-
sections (l) and (m) of section 1853, and 
section 1886(n) of the Social Security Act 
(42 
U.S.C. 
1395f(l)(3), 
1395w–4(o), 
1395w–23, 1395ww(n)); and 
(ii) in the case of the Medicaid pro-
gram under title XIX of such Act, the in-
centive 
program 
under 
subsections 
(a)(3)(F) and (t) of section 1903 of such 
Act (42 U.S.C. 1396b). 
(D) The term ‘‘Secretary’’ means the Sec-
retary of Health and Human Services. 
(d) GAO STUDIES AND REPORTS ON THE USE OF 
TELEHEALTH UNDER FEDERAL PROGRAMS AND ON RE-
MOTE PATIENT MONITORING SERVICES.— 
(1) STUDY ON TELEHEALTH SERVICES.—The 
Comptroller General of the United States shall con-
duct a study on the following: 
(A) How the definition of telehealth across 
various Federal programs and Federal efforts 
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can inform the use of telehealth in the Medicare 
program under title XVIII of the Social Secu-
rity Act (42 U.S.C. 1395 et seq.). 
(B) Issues that can facilitate or inhibit the 
use of telehealth under the Medicare program 
under such title, including oversight and profes-
sional licensure, changing technology, privacy 
and security, infrastructure requirements, and 
varying needs across urban and rural areas. 
(C) Potential implications of greater use of 
telehealth with respect to payment and delivery 
system transformations under the Medicare 
program under such title XVIII and the Med-
icaid program under title XIX of such Act (42 
U.S.C. 1396 et seq.). 
(D) How the Centers for Medicare & Med-
icaid Services conducts oversight of payments 
made under the Medicare program under such 
title XVIII to providers for telehealth services. 
(2) STUDY ON REMOTE PATIENT MONITORING 
SERVICES.— 
(A) IN GENERAL.—The Comptroller Gen-
eral of the United States shall conduct a 
study— 
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(i) of the dissemination of remote pa-
tient monitoring technology in the private 
health insurance market; 
(ii) of the financial incentives in the 
private health insurance market relating to 
adoption of such technology; 
(iii) of the barriers to adoption of 
such services under the Medicare program 
under title XVIII of the Social Security 
Act; 
(iv) that evaluates the patients, condi-
tions, and clinical circumstances that could 
most benefit from remote patient moni-
toring services; and 
(v) that evaluates the challenges re-
lated to establishing appropriate valuation 
for remote patient monitoring services 
under the Medicare physician fee schedule 
under section 1848 of the Social Security 
Act (42 U.S.C. 1395w–4) in order to accu-
rately reflect the resources involved in fur-
nishing such services. 
(B) DEFINITIONS.—For purposes of this 
paragraph: 
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(i) REMOTE
PATIENT
MONITORING 
SERVICES.—The term ‘‘remote patient 
monitoring services’’ means services fur-
nished through remote patient monitoring 
technology. 
(ii) REMOTE
PATIENT
MONITORING 
TECHNOLOGY.—The term ‘‘remote patient 
monitoring technology’’ means a coordi-
nated system that uses one or more home- 
based or mobile monitoring devices that 
automatically transmit vital sign data or 
information on activities of daily living and 
may include responses to assessment ques-
tions collected on the devices wirelessly or 
through a telecommunications connection 
to a server that complies with the Federal 
regulations (concerning the privacy of indi-
vidually identifiable health information) 
promulgated under section 264(c) of the 
Health Insurance Portability and Account-
ability Act of 1996, as part of an estab-
lished plan of care for that patient that in-
cludes the review and interpretation of that 
data by a health care professional. 
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(3) REPORTS.—Not later than 24 months after 
the date of the enactment of this Act, the Comp-
troller General shall submit to Congress— 
(A) a report containing the results of the 
study conducted under paragraph (1); and 
(B) a report containing the results of the 
study conducted under paragraph (2). 
A report required under this paragraph shall be sub-
mitted together with recommendations for such leg-
islation and administrative action as the Comptroller 
General determines appropriate. The Comptroller 
General may submit one report containing the re-
sults described in subparagraphs (A) and (B) and 
the recommendations described in the previous sen-
tence. 
(e) 
RULE
OF
CONSTRUCTION
REGARDING 
HEALTHCARE PROVIDER STANDARDS OF CARE.— 
(1) MAINTENANCE
OF
STATE
STANDARDS.— 
The development, recognition, or implementation of 
any guideline or other standard under any Federal 
health care provision shall not be construed— 
(A) to establish the standard of care or 
duty of care owed by a health care provider to 
a patient in any medical malpractice or medical 
product liability action or claim; or 
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(B) to preempt any standard of care or 
duty of care, owed by a health care provider to 
a patient, duly established under State or com-
mon law. 
(2) DEFINITIONS.—For purposes of this sub-
section: 
(A) FEDERAL HEALTH CARE PROVISION.— 
The term ‘‘Federal health care provision’’ 
means any provision of the Patient Protection 
and Affordable Care Act (Public Law 111– 
148), title I or subtitle B of title II of the 
Health Care and Education Reconciliation Act 
of 2010 (Public Law 111–152), or title XVIII 
or XIX of the Social Security Act. 
(B) HEALTH CARE PROVIDER.—The term 
‘‘health care provider’’ means any individual or 
entity— 
(i) licensed, registered, or certified 
under Federal or State laws or regulations 
to provide health care services; or 
(ii) required to be so licensed, reg-
istered, or certified but that is exempted 
by other statute or regulation. 
(C) MEDICAL MALPRACTICE OR MEDICAL 
PRODUCT
LIABILITY
ACTION
OR
CLAIM.—The 
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term ‘‘medical malpractice or medical product 
liability action or claim’’ means a medical mal-
practice action or claim (as defined in section 
431(7) of the Health Care Quality Improve-
ment Act of 1986 (42 U.S.C. 11151(7))) and 
includes a liability action or claim relating to a 
health care provider’s prescription or provision 
of a drug, device, or biological product (as such 
terms are defined in section 201 of the Federal 
Food, Drug, and Cosmetic Act or section 351 
of the Public Health Service Act). 
(D) STATE.—The term ‘‘State’’ includes 
the District of Columbia, Puerto Rico, and any 
other commonwealth, possession, or territory of 
the United States. 
(3) PRESERVATION OF STATE LAW.—No provi-
sion of the Patient Protection and Affordable Care 
Act (Public Law 111–148), title I or subtitle B of 
title II of the Health Care and Education Reconcili-
ation Act of 2010 (Public Law 111–152), or title 
XVIII or XIX of the Social Security Act shall be 
construed to preempt any State or common law gov-
erning medical professional or medical product liabil-
ity actions or claims. 
Æ 
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