‘‘(9) DEVELOPMENT OR IMPLEMENTATION OF A 
HEALTH INFORMATION NETWORK.—The provision of 
any equipment or services that are appropriate for 
the development or implementation of a regional 
health information technology plan approved by the 
Secretary under section 3 of the 21st Century 
Health Information Act of 2005, including the provi-
sion of hardware, software, and services necessary to 
participate in a health information network so long 
as— 
‘‘(A) any patient data and information 
that is accessible to recipients of such equip-
ment and services is also accessible to other ap-
propriate persons or entities through a regional 
health information network accredited or provi-
sionally accredited under section 3(e) of the 
21st Century Health Information Act of 2005; 
‘‘(B) any such equipment or services pro-
vided are capable of and intended to be used to 
access, transfer, and exchange patient data and 
information with other participants in a re-
gional health information network accredited or 
provisionally accredited under section 3(e) of 
the 21st Century Health Information Act of 
2005; and
‘‘(C) any such equipment or services are 
not provided in a manner that takes into ac-
count the volume or value of referrals or other 
business generated between the parties.’’. 
(b) ADVISORY OPINION.—(1) Subject to paragraph 
(2), the Secretary shall consider the issuance of an advi-
sory opinion under subsection (g)(6) of section 1877 of 
the Social Security Act (42 U.S.C. 1395nn) to permit the 
provision of equipment or services intended to permit the 
exchange of health care information to improve health care 
quality, reduce medical errors, reduce health care costs, 
or improve the coordination of health care services. 
(2) Insofar as the Secretary develops an advisory 
opinion under paragraph (1)l 
(A) such advisory opinion may only apply to ge-
ographic areas that are not covered by a regional 
health information network accredited by the Sec-
retary under section 3(e) of the 21st Century Health 
Information Act of 2005; 
(B) any equipment or services provided pursu-
ant to the advisory opinion are not provided in a 
manner that takes into account the volume or value 
of referrals or other business generated between the 
parties involved; and
(C) any such equipment or services shall comply 
with data standards for interoperability adopted by 
the certification entity described in section 4 of the 
21st Century Health Information Act of 2005. 
SEC. 8. ADJUSTMENTS TO MEDICARE PAYMENTS TO PRO-
VIDERS OF SERVICE AND SUPPLIERS PAR-
TICIPATING IN HEALTH INFORMATION NET-
WORKS. 
(a) IN GENERAL.—The Secretary shall establish a 
methodology for making adjustments in payment amounts 
under title XVIII of the Social Security Act (42 U.S.C. 
1395 et seq.) made to providers of services and suppliers 
who furnish items or services for which payment is made 
under that title who— 
(1) participate in a health information network 
accredited or provisionally accredited by the Sec-
retary under section 3(e); and 
(2) in the course of furnishing items and serv-
ices for which payment may be made under such 
title, use health information technology with patient- 
specific applications that the Secretary determines 
improve the quality and accuracy of clinical decision- 
making (such as electronic medical records, elec-
tronic prescribing, and computerized physician order 
entry with clinical decision-support capabilities) .
(b) 
ESTABLISHMENT
AND
MODIFICATION
OF 
CODES.—The methodology under subsection (a) shall— 
(1) include the establishment of new codes, 
modification of existing codes, and adjustment of 
evaluation and management modifiers to such codes 
that take into account the costs of acquiring, using, 
and maintaining health information technology with 
patient-specific applications; and 
(2) take into account estimated aggregate an-
nual savings in overall payments under such title 
XVIII attributable to the use of health information 
technology with patient-specific applications. 
(c) DURATION.—The Secretary may reduce or elimi-
nate adjustments established made to subsection (a) as 
payment methodologies under title XVIII of the Social Se-
curity Act are adjusted to reflect provider quality and effi-
ciency. 
(d) RULE OF CONSTRUCTION.—In making national 
coverage determinations under section 1862(a) of the So-
cial Security Act (42 U.S.C. 1395y(a)) with respect to 
maintaining health information technology with patient- 
specific applications, in determining whether the health in-
formation technology is reasonable and necessary for the 
diagnosis or treatment of illness or injury or to improve 
the functioning of a malformed body member, the Sec-