identified through rulemaking as not con-
ducting traditional office visits, in order to 
be treated as a meaningful EHR user for 
an EHR reporting period under such sub-
section for a year such eligible professional 
shall not be required to— 
‘‘(I) provide clinical summaries to 
patients; or 
‘‘(II) provide patients, upon re-
quest, with an electronic copy of the 
health information of such patients 
(including 
diagnostic 
test 
results, 
problem lists, medication lists, and 
medication allergies). 
‘‘(ii) In the case of an eligible profes-
sional who is an anesthesiologist or physi-
cian of any other specialty that does not 
traditionally order prescription drugs be-
fore administration of such drugs, as speci-
fied through rulemaking, in order to be 
treated as a meaningful EHR user for an 
EHR reporting period under such sub-
section for a year such eligible professional 
shall not be required to utilize EHR tech-
nology that provides for checks on pre-
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scription drug interactions until EHR 
technology is available to accommodate 
checks on interactions between prescription 
drugs administered in operating rooms or 
other anesthetizing locations. 
The Secretary shall provide notice to each eligi-
ble professional to whom clause (i) or (ii) ap-
plies of the application of such clause.’’. 
SEC. 9. ADDITIONAL ADMINISTRATIVE PROVISIONS RELAT-
ING 
TO 
MEDICARE 
ELIGIBLE 
PROFES-
SIONALS’ EHR INCENTIVES. 
(a) APPEALS PROCESS.—Section 1848(o)(3) of the 
Social Security Act (42 U.S.C. 1395w–4(o)(3)) is amend-
ed— 
(1) in subparagraph (C), by striking ‘‘There 
shall be no’’ and inserting ‘‘Except as provided 
under subparagraph (E), there shall be no’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(E) APPEALS PROCESS BEFORE APPLICA-
TION OF PENALTIES.—The Secretary shall, by 
not later than January 1, 2015, establish and 
have in place a process for eligible professionals 
to seek, before application of a payment adjust-
ment under subsection (a)(7)(A) with respect to 
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such an eligible professional, a review of the de-
termination that the eligible professional did 
not qualify as a meaningful EHR user under 
paragraph (2).’’. 
(b) SEMI-ANNUAL PROGRESS REPORT.— 
(1) IN GENERAL.—Not later than six months 
after the date of the enactment of this Act and every 
six months thereafter until the date specified in 
paragraph (3), the Secretary of Health and Human 
Services, through the Administrator of the Centers 
for Medicare & Medicaid Services, shall submit to 
Congress a report that contains the following infor-
mation: 
(A) Improvements that have been made in 
streamlining requirements among various pro-
grams under the Medicare program under title 
XVIII of the Social Security Act regarding 
similar information (such as for purposes of 
meaningful use of certified EHR technology, 
physician quality reporting, and electronic pre-
scribing). 
(B) Improvements certified EHR tech-
nology vendors have made in interoperability. 
(C) The progress of the adoption of cer-
tified EHR technology by physician specialty 
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groups and the percentage of eligible profes-
sionals (as defined in section 1848(a)(7)(E) of 
the Social Security Act) who are eligible for in-
centive payments under the Medicare program 
for meaningful use of certified EHR technology. 
(D) The reporting capabilities of qualified 
national specialty reporting systems (as defined 
in section 1848(o)(2) of the Social Security Act, 
as added by section 5) and recommendations 
for making such registries more interactive with 
EHR technology. 
(E) The results of the most recent survey 
conducted under paragraph (2). 
(2) PHYSICIAN
SURVEY.—Not later than six 
months after the date of the enactment of this Act 
and every six months thereafter until the date speci-
fied in paragraph (3), the Secretary of Health and 
Human Services, through the Administrator of the 
Centers for Medicare & Medicaid Services, shall con-
duct a survey of physicians to identify barriers en-
countered by physicians in achieving stage 3 of 
meaningful use of certified EHR technology. 
(3) DATE SPECIFIED.—For purposes of para-
graphs (1) and (2), the date specified in this para-
graph is the date on which 75 percent of all eligible 
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professionals (as defined in section 1848(o)(5) of the 
Social Security Act) have satisfied the requirements 
of stage 2 of meaningful use of certified EHR tech-
nology (as defined by the Secretary of Health and 
Human Services). 
SEC. 10. NON-APPLICATION OF PROVISIONS AND AMEND-
MENTS TO ELIGIBLE PROFESSIONAL MED-
ICAID 
INCENTIVES 
FOR 
ADOPTION 
AND 
MEANINGFUL USE OF CERTIFIED EHR TECH-
NOLOGY. 
Section 1903(t) of the Social Security Act (42 U.S.C. 
1396b(t)) is amended by adding at the end the following 
new paragraph: 
‘‘(11) The provisions of, including the amendments 
made by, the Electronic Health Records Improvement Act 
(other than section 10 of such Act) shall not apply for 
purposes of this subsection or subsection (a)(3)(F).’’. 
Æ 
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