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 tech-
nology, 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 subse-
quently 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 pro-
fessionals 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Mar 15 2010 
22:58 Jun 09, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2128.IH
H2128
emcdonald on DSK2BSOYB1PROD with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘STEAM (Stripping 
The E-Prescribe Arbitrary Mandates) Act of 2011’’. 
SEC. 2. PREVENTING APPLICATION OF MEDICARE PAY-
MENT ADJUSTMENTS FOR ELIGIBLE PROFES-
SIONALS 
NOT 
SUCCESSFUL 
ELECTRONIC 
PRESCRIBERS. 
(a) REPEAL OF E-PRESCRIBING PAYMENT ADJUST-
MENT.—Paragraph (5) of section 1848(a) of the Social 
Security Act (42 U.S.C. 1395w–4(a)) is repealed. 
(b) REMOVING
E-PRESCRIBING
AS ELEMENT
OF 
DEMONSTRATING MEANINGFUL USE OF CERTIFIED EHR 
TECHNOLOGY.— 
(1) 
ELIGIBLE
PROFESSIONALS.—Section 
1848(o)(2)(A) of the Social Security Act (42 U.S.C. 
1395w–4(o)(2)(A)) is amended— 
(A) in clause (i), by striking ‘‘, which shall 
include the use of electronic prescribing as de-
termined to be appropriate by the Secretary’’; 
(B) in clause (iii), by inserting ‘‘(other 
than electronic prescribing quality measures)’’ 
after ‘‘such other measures’’; and 
(C) by adding at the end the following new 
sentence: ‘‘In no case shall an eligible profes-
sional be required to use (or demonstrate the 
use of) electronic prescribing in order for such 
VerDate Mar 15 2010 
22:58 Jun 09, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2128.IH
H2128
emcdonald on DSK2BSOYB1PROD with BILLS
professional to be treated as a meaningful EHR 
user in accordance with this subparagraph.’’. 
(2) 
ELIGIBLE
HOSPITALS.—Section 
1886(n)(3)(A) of the Social Security Act (42 U.S.C. 
1395ww(n)(3)(A)) is amended— 
(A) in clause (iii), by inserting ‘‘(other 
than electronic prescribing quality measures)’’ 
after ‘‘such other measures’’; and 
(B) by adding at the end the following new 
sentence: ‘‘In no case shall an eligible hospital 
be required to use (or demonstrate the use of) 
electronic prescribing in order for such hospital 
to be treated as a meaningful EHR user in ac-
cordance with this subparagraph.’’. 
(3) EFFECTIVE DATE.—The amendments made 
by paragraphs (1) and (2) shall apply with respect 
to EHR reporting periods beginning after the date 
of the enactment of this Act. 
(c) EXCLUDING E-PRESCRIBING FROM SHARED SAV-
INGS PROGRAM REPORTING REQUIREMENTS.—Section 
1899(b)(3)(D) of such Act (42 U.S.C. 1395jjj(b)(3)(D)) 
is amended— 
(1) by striking ‘‘electronic prescribing,’’; and 
(2) inserting ‘‘(but not including such require-
ments and such payments related to electronic pre-
VerDate Mar 15 2010 
22:58 Jun 09, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2128.IH
H2128
emcdonald on DSK2BSOYB1PROD with BILLS
scribing)’’ after ‘‘other similar initiatives under sec-
tion 1848’’. 
(d) CONFORMING AMENDMENTS.— 
(1) Subsection (a) of section 1848 of such Act 
(42 U.S.C. 1395w–4) is amended— 
(A) in paragraph (4)(A), by striking ‘‘, ex-
cept as provided in paragraph (5)’’; 
(B) in paragraph (7)(A)(ii)(I), by striking 
‘‘(or, in the case of an eligible professional who 
was subject to the application of the payment 
adjustment under section 1848(a)(5) for 2014, 
98 percent)’’; and 
(C) in paragraph (8)(A)(i), by striking 
‘‘paragraphs (3), (5), and (7)’’ and inserting 
‘‘paragraphs (3) and (7)’’. 
(2) Subsection (m) of such section is amend-
ed— 
(A) in paragraph (2)(B), by striking ‘‘and 
subsection (a)(5)’’ and by striking ‘‘(or, for 
purposes of subsection (a)(5), for the reporting 
period for a year)’’; 
(B) in paragraph (3)(B)(i), by striking 
‘‘and subsection (a)(5)’’ and by striking ‘‘(or, 
for purposes of subsection (a)(5), for the re-
porting period for a year)’’; 
VerDate Mar 15 2010 
22:58 Jun 09, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2128.IH
H2128
emcdonald on DSK2BSOYB1PROD with BILLS
(C) in each of clauses (ii) and (iii) of para-
graph (3)(B), by striking ‘‘(or, for purposes of 
subsection (a)(5), for the reporting period for a 
year)’’; 
(D) in paragraph (3)(C), by striking ‘‘or, 
for purposes of subsection (a)(5), for a report-
ing period for a year,’’; 
(E) in paragraph (5)(E)(iii), by striking ‘‘, 
the limitation under paragraph (2)(B), and the 
exception under subsection (a)(5)(B)’’ and in-
serting ‘‘and the limitation under paragraph 
(2)(B)’’; and 
(F) in paragraph (6)(C)(iii), by striking 
‘‘(a)(5)’’ and by striking ‘‘the reporting period 
under subsection (a)(5)(D)(iii)’’. 
Æ 
VerDate Mar 15 2010 
22:58 Jun 09, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H2128.IH
H2128
emcdonald on DSK2BSOYB1PROD with BILLS