I 
112TH CONGRESS 
2D SESSION 
H. R. 6598 
To amend certain requirements and penalties implemented under the Medicare 
and Medicaid programs by the HITECH Act of 2009, which would 
otherwise impede eligible professionals from adopting electronic health 
records to improve patient care. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 16, 2012 
Mrs. BLACK (for herself, Mr. ROSKAM, Mr. CHABOT, and Mr. BROUN of Geor-
gia) 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 juris-
diction of the committee concerned 
A BILL 
To amend certain requirements and penalties implemented 
under the Medicare and Medicaid programs by the 
HITECH Act of 2009, which would otherwise impede 
eligible professionals from adopting electronic health 
records to improve patient care. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Electronic Health Records Improvement Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Exception for certain eligible professionals from application of Medicare 
payment adjustment for not demonstrating EHR meaningful 
use. 
Sec. 3. Shortening EHR reporting period for application of Medicare EHR pay-
ment adjustment to eligible professionals. 
Sec. 4. Additional exceptions to application of Medicare payment adjustment 
for certain Medicaid and hospital-based eligible professionals 
not demonstrating EHR meaningful use. 
Sec. 5. Certain specialty registry systems for purposes of eligible professionals 
satisfying meaningful use requirements under Medicare. 
Sec. 6. Enhancing Medicare EHR meaningful use among eligible professionals 
who are rural health care providers. 
Sec. 7. Improving EHR meaningful use under Medicare by ambulatory surgical 
centers. 
Sec. 8. Exemption from certain EHR meaningful use requirements for certain 
eligible professionals for purposes of Medicare payment adjust-
ment. 
Sec. 9. Additional administrative provisions relating to Medicare eligible profes-
sionals’ EHR incentives. 
Sec. 10. Non-application of provisions and amendments to eligible professional 
Medicare incentives for certain MA organizations and Medicaid 
incentives for adoption and meaningful use of certified EHR 
technology. 
SEC. 2. EXCEPTION FOR CERTAIN ELIGIBLE PROFES-
SIONALS FROM APPLICATION OF MEDICARE 
PAYMENT 
ADJUSTMENT 
FOR 
NOT 
DEM-
ONSTRATING EHR MEANINGFUL USE. 
(a) EXCEPTION
FOR CERTAIN SMALL PHYSICIAN 
PRACTICES.—Section 1848(a)(7) of the Social Security 
Act (42 U.S.C. 1395w–4(a)(7)) is amended— 
(1) in subparagraph (A)(i), by striking ‘‘sub-
paragraphs (B) and (D)’’ and inserting ‘‘subpara-
graphs (B), (D), and (F)’’; and 
(2) by adding at the end the following new sub-
paragraph: 
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