(C) by adding after clause (ii) the following 
new clauses: 
‘‘(iii) a public hospital that is prin-
cipally a psychiatric hospital (as defined in 
section 1861(f)); 
‘‘(iv) a private hospital that is prin-
cipally a psychiatric hospital (as defined in 
section 1861(f)) and that has at least 10 
percent of its patient volume (as estimated 
in accordance with a methodology estab-
lished by the Secretary) attributable to in-
dividuals 
receiving 
medical 
assistance 
under this title; 
‘‘(v) a community mental health cen-
ter meeting the criteria specified in section 
1913(c) of the Public Health Service Act; 
or 
‘‘(vi) a residential or outpatient men-
tal health or substance abuse treatment fa-
cility that— 
‘‘(I) is accredited by the Joint 
Commission 
on 
Accreditation 
of 
Healthcare Organizations, the Com-
mission on Accreditation of Rehabili-
tation Facilities, the Council on Ac-
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creditation, or any other national ac-
crediting agency recognized by the 
Secretary; and 
‘‘(II) has at least 10 percent of 
its patient volume (as estimated in ac-
cordance with a methodology estab-
lished by the Secretary) attributable 
to individuals receiving medical assist-
ance under this title.’’; and 
(2) in paragraph (3)(B)— 
(A) in clause (iv), by striking ‘‘and’’ after 
the semicolon; 
(B) in clause (v), by striking the period 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
clause: 
‘‘(vi) clinical psychologist providing 
qualified psychologist services (as defined 
in section 1861(ii)), if such clinical psy-
chologist is practicing in an outpatient 
clinic that— 
‘‘(I) is led by a clinical psycholo-
gist; and 
‘‘(II) is not otherwise receiving 
payment under paragraph (1) as a 
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Medicaid provider described in para-
graph (2)(B).’’. 
(d) MEDICARE ADVANTAGE ORGANIZATIONS.—Sec-
tion 1853 of the Social Security Act (42 U.S.C. 1395w– 
23) is amended— 
(1) in subsection (l)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘or additional eligible 
professionals (as described in paragraph 
(9))’’ after ‘‘paragraph (2)’’; and 
(ii) by inserting ‘‘and additional eligi-
ble professionals’’ before ‘‘under such sec-
tions’’; 
(B) in paragraph (3)(B)— 
(i) in clause (i) in the matter pre-
ceding subclause (I), by inserting ‘‘or an 
additional eligible professional described in 
paragraph (9)’’ after ‘‘paragraph (2)’’; and 
(ii) in clause (ii)— 
(I) in the matter preceding sub-
clause (I), by inserting ‘‘or an addi-
tional eligible professional described in 
paragraph 
(9)’’ 
after 
‘‘paragraph 
(2)’’; and 
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(II) in subclause (I), by inserting 
‘‘or an additional eligible professional, 
respectively,’’ after ‘‘eligible profes-
sional’’; 
(C) in paragraph (3)(C), by inserting ‘‘and 
additional eligible professionals’’ after ‘‘all eligi-
ble professionals’’; 
(D) in paragraph (4)(D), by adding at the 
end the following new sentence: ‘‘In the case 
that a qualifying MA organization attests that 
not all additional eligible professionals of the 
organization are meaningful EHR users with 
respect to an applicable year, the Secretary 
shall apply the payment adjustment under this 
paragraph based on the proportion of all such 
additional eligible professionals of the organiza-
tion that are not meaningful EHR users for 
such year.’’; 
(E) in paragraph (6)(A), by inserting 
‘‘and, as applicable, each additional eligible pro-
fessional described in paragraph (9)’’ after 
‘‘paragraph (2)’’; 
(F) in paragraph (6)(B), by inserting 
‘‘and, as applicable, each additional eligible hos-
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pital described in paragraph (9)’’ after ‘‘sub-
section (m)(1)’’; 
(G) in paragraph (7)(A), by inserting 
‘‘and, as applicable, additional eligible profes-
sionals’’ after ‘‘eligible professionals’’; 
(H) in paragraph (7)(B), by inserting 
‘‘and, as applicable, additional eligible profes-
sionals’’ after ‘‘eligible professionals’’; 
(I) in paragraph (8)(B), by inserting ‘‘and 
additional eligible professionals described in 
paragraph (9)’’ after ‘‘paragraph (2)’’; and 
(J) by adding at the end the following new 
paragraph: 
‘‘(9) ADDITIONAL ELIGIBLE PROFESSIONAL DE-
SCRIBED.—With respect to a qualifying MA organi-
zation, an additional eligible professional described 
in this paragraph is an additional eligible profes-
sional (as defined for purposes of section 1848(o)) 
who— 
‘‘(A)(i) is employed by the organization; or 
‘‘(ii)(I) is employed by, or is a partner of, 
an entity that through contract with the organi-
zation furnishes at least 80 percent of the enti-
ty’s Medicare patient care services to enrollees 
of such organization; and 
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‘‘(II) furnishes at least 80 percent of the 
professional services of the additional eligible 
professional covered under this title to enrollees 
of the organization; and 
‘‘(B) furnishes, on average, at least 20 
hours per week of patient care services.’’; and 
(2) in subsection (m)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘or additional eligible 
hospitals (as described in paragraph (7))’’ 
after ‘‘paragraph (2)’’; and 
(ii) by inserting ‘‘and additional eligi-
ble hospitals’’ before ‘‘under such sec-
tions’’; 
(B) in paragraph (3)(A)(i), by inserting 
‘‘or additional eligible hospital’’ after ‘‘eligible 
hospital’’; 
(C) in paragraph (3)(A)(ii), by inserting 
‘‘or an additional eligible hospital’’ after ‘‘eligi-
ble hospital’’ in each place it occurs; 
(D) in paragraph (3)(B)— 
(i) in clause (i), by inserting ‘‘or an 
additional eligible hospital described in 
paragraph (7)’’ after ‘‘paragraph (2)’’; and 
(ii) in clause (ii)— 
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(I) in the matter preceding sub-
clause (I), by inserting ‘‘or an addi-
tional eligible hospital described in 
paragraph 
(7)’’ 
after 
‘‘paragraph 
(2)’’; and 
(II) in subclause (I), by inserting 
‘‘or an additional eligible hospital, re-
spectively,’’ after ‘‘eligible hospital’’; 
(E) in paragraph (4)(A), by inserting ‘‘or 
one or more additional eligible hospitals (as de-
fined in section 1886(n)), as appropriate,’’ after 
‘‘section 1886(n)(6)(A))’’; 
(F) in paragraph (4)(D), by adding at the 
end the following new sentence: ‘‘In the case 
that a qualifying MA organization attests that 
not all additional eligible hospitals of the orga-
nization are meaningful EHR users with re-
spect to an applicable period, the Secretary 
shall apply the payment adjustment under this 
paragraph based on the methodology specified 
by the Secretary, taking into account the pro-
portion of such additional eligible hospitals, or 
discharges from such hospitals, that are not 
meaningful EHR users for such period.’’; 
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(G) in paragraph (5)(A), by inserting 
‘‘and, as applicable, each additional eligible hos-
pital described in paragraph (7)’’ after ‘‘para-
graph (2)’’; 
(H) in paragraph (5)(B), by inserting 
‘‘and additional eligible hospitals, as applica-
ble,’’ after ‘‘eligible hospitals’’; 
(I) in paragraph (6)(B), by inserting ‘‘and 
additional eligible hospitals described in para-
graph (7)’’ after ‘‘paragraph (2)’’; and 
(J) by adding at the end the following new 
paragraph: 
‘‘(7) ADDITIONAL
ELIGIBLE
HOSPITAL
DE-
SCRIBED.—With respect to a qualifying MA organi-
zation, an additional eligible hospital described in 
this paragraph is an additional eligible hospital (as 
defined in section 1886(n)(6)(C)) that is under com-
mon corporate governance with such organization 
and serves individuals enrolled under an MA plan of-
fered by such organization.’’. 
SEC. 4. PROVIDING PROTECTIONS FOR CERTAIN PRO-
VIDERS, VENDORS, AND USERS OF CERTIFIED 
EHR TECHNOLOGY. 
(a) COVERED ENTITIES.— 
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(1) COVERED ENTITIES.—For purposes of this 
section, a covered entity means, with respect to cer-
tified EHR technology (as defined in section 
1848(o)(4) of the Social Security Act (42 U.S.C. 
1395w–4(o)(4))) and a year, any of the following: 
(A) MEANINGFUL EHR USERS.— 
(i) An eligible professional (as defined 
in paragraph (5)(C) of section 1848(o) of 
the Social Security Act (42 U.S.C. 1395w– 
4(o))) determined to be a meaningful EHR 
user under paragraph (2) of such section 
for the EHR reporting period (as defined 
in paragraph (5)(B) of such section) dur-
ing such year, or an additional eligible pro-
fessional (as defined in paragraph (5)(D) 
of such section) determined to be a mean-
ingful EHR user pursuant to paragraph 
(6) of such section for the EHR reporting 
period (as defined in paragraph (5)(B) of 
such section) during such year. 
(ii) In the case of a qualifying MA or-
ganization (as defined in paragraph (5) of 
section 1853(l) of such Act (42 U.S.C. 
1395w–23(l))), an eligible professional de-
scribed in paragraph (2) of such section or, 
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as applicable, an additional eligible profes-
sional described in paragraph (9) of such 
section of the organization who the organi-
zation attests under paragraph (6) of such 
section to be a meaningful EHR user for 
such year. 
(iii) In the case of a qualifying MA 
organization (as so defined), an eligible 
hospital described in section 1853(m)(2) of 
such Act (42 U.S.C. 1395w–23(m)(2)) or, 
as applicable, an additional eligible hospital 
described in section 1853(m)(7) of such 
Act (42 U.S.C. 1395w–23(m)(7)) of the 
organization which attests under section 
1853(l)(6) of such Act (42 U.S.C. 1395w– 
23(l)(6)) to be a meaningful EHR user for 
the applicable period with respect to such 
year. 
(iv) An eligible hospital (as defined in 
paragraph (6)(B) of section 1886(n) of 
such Act (42 U.S.C. 1395ww(n)) deter-
mined to be a meaningful EHR user under 
paragraph (3) of such section for the EHR 
reporting period (as defined in paragraph 
(6)(A) of such section) with respect to 
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such year, or an additional eligible hospital 
(as defined in paragraph (6)(C) of such 
section) determined to be a meaningful 
EHR user under paragraph (7) of such 
section for the EHR reporting period (as 
defined in paragraph (6)(A) of such sec-
tion) with respect to such year. 
(v) A critical access hospital deter-
mined pursuant to section 1814(l)(3) of 
such Act (42 U.S.C. 1395f(l)(3)) to be a 
meaningful EHR user (as would be deter-
mined under paragraph (3) of section 
1886(n) 
of 
such 
Act 
(42 
U.S.C. 
1395ww(n))) for an EHR reporting period 
(as defined in paragraph (6)(A) of such 
section) for a cost reporting period begin-
ning during such year. 
(vi) A Medicaid provider (as defined 
in paragraph (2) of section 1903(t) of such 
Act (42 U.S.C. 1396b(t))) eligible for pay-
ments described in paragraph (1) of such 
section for such year. 
(B) HEALTH
INFORMATION
EXCHANGE 
ENTITIES.—Individuals and entities (other than 
States or State designated entities) which dur-
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ing such year are health information exchange 
contractors (consisting of technology providers), 
health information exchange participants (con-
sisting of organizations providing supportive 
technology to a health information exchange), 
and other users of health information exchanges 
(consisting of other entities that may be ex-
changing clinical or administrative data). Man-
ufacturers of electronic health record (EHR) 
software and other health information tech-
nologies who participate in the reporting of ad-
verse events or who otherwise contribute rel-
evant patient safety work product under sub-
section (b)(1). 
(C) CERTAIN
OTHER
EHR
USERS.—A 
health care professional who, during such 
year— 
(i) is a user of such certified EHR 
technology; 
(ii) is not eligible for incentive pay-
ments based on meaningful use of such 
technology under title XVIII or XIX of the 
Social Security Act solely because the pro-
fessional is not— 
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(I) an eligible professional (as de-
fined in paragraph (5)(C) of section 
1848(o) of such Act (42 U.S.C. 
1395w–4(o))); 
(II) an eligible professional de-
scribed in paragraph (2) of section 
1853(l) of such Act (42 U.S.C. 
1395w–23(l)) or, as applicable, an ad-
ditional eligible professional described 
in paragraph (9) of such section, with 
respect to a qualifying MA organiza-
tion (as defined in paragraph (5) of 
such section); 
(III) an eligible hospital de-
scribed in paragraph (2) of section 
1853(m) of such Act (42 U.S.C. 
1395w–23(m)) or, as applicable, an 
additional eligible hospital described 
in paragraph (7) of such section, with 
respect to such a qualifying MA orga-
nization; 
(IV) an eligible hospital (as de-
fined in paragraph (6)(B) of section 
1886(n) of such Act (42 U.S.C. 
1395ww(n))); 
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(V) a critical access hospital; 
(VI) a Medicaid provider (as de-
fined in paragraph (2) of section 
1903(t) of such Act (42 U.S.C. 
1396b(t))); 
(VII) an additional eligible pro-
fessional (as defined in paragraph 
(5)(D) of section 1848(o) of such Act 
(42 U.S.C. 1395w–4(o))); or 
(VIII) an additional eligible hos-
pital (as defined in paragraph (6)(C) 
of section 1886(n) of such Act (42 
U.S.C. 1395ww(n))); and 
(iii) attests, to the satisfaction of the 
Secretary of Health and Human Services, 
that but for the reason described in clause 
(ii), the professional would otherwise sat-
isfy criteria to be eligible for such incentive 
payments during such year. 
(b) IMPROVING PATIENT SAFETY THROUGH ERROR 
REPORTING AND REMEDIATION, AND CLARIFICATION OF 
AUTHORITY.— 
(1) QUARTERLY REPORTING BY PATIENT SAFE-
TY
ORGANIZATIONS.—Paragraph (1) of section 
924(b) of the Public Health Service Act (42 U.S.C. 
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299b–24) is amended by adding at the end the fol-
lowing: 
‘‘(H) Not less than quarterly each year, 
the entity shall submit to the Office of the Na-
tional Coordinator findings that— 
‘‘(i) exclude any individually identifi-
able information; 
‘‘(ii) are based on information sub-
mitted to the entity by covered entities (as 
defined in section 4(a)(1) of the Behavioral 
Health Information Technology Act of 
2013); 
‘‘(iii) describe the number and nature 
of EHR-related adverse events with respect 
to certified EHR technology (as such 
terms are defined in section 4(e) of such 
Act) so reported; and 
‘‘(iv) for each such EHR-related ad-
verse event, identify the type event and the 
type electronic health record involved.’’. 
(2) APPLICATION
OF
SAFETY
ORGANIZATION 
PRIVILEGE AND CONFIDENTIALITY PROTECTIONS.— 
In the case of a covered entity that submits to a pa-
tient safety organization information on an EHR-re-
lated adverse event with respect to certified EHR 
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technology, and in the case of the collection and 
maintenance of such information by a patient safety 
organization, the provisions of section 922 of the 
Public Health Service Act (42 U.S.C. 299b–22) 
shall apply to such information and to the organiza-
tion and the entity in the same manner such provi-
sions apply to patient safety work product and a pa-
tient safety organization and provider under part C 
of title IX of such Act (42 U.S.C. 299b–2 et seq.). 
(3) CLARIFICATION OF AUTHORITY.—Certified 
EHR technology shall not be considered to be a de-
vice for purposes of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 301 et seq.). 
(c) RULES RELATING
TO E-DISCOVERY.—In any 
health care lawsuit against a covered entity that is related 
to an EHR-related adverse event, with respect to certified 
EHR technology used or provided by the covered entity, 
electronic discovery shall be limited to— 
(1) information that is related to such EHR-re-
lated adverse event; and 
(2) information from the period in which such 
EHR-related adverse event occurred. 
(d) LEGAL
PROTECTIONS
FOR
COVERED
ENTI-
TIES.— 
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(1) GENERAL.—For a covered entity described 
in subsection (a), the following protections apply: 
(A) ENCOURAGING
SPEEDY
RESOLUTION 
OF CLAIMS.— 
(i) GENERAL.—A claimant may not 
commence a health care lawsuit against a 
covered entity on any date that is 3 years 
after the date of manifestation of injury or 
1 year after the claimant discovers, or 
through the use of reasonable diligence 
should have discovered, the injury, which-
ever occurs first. This limitation shall be 
tolled to the extent that the claimant is 
able to prove— 
(I) fraud; 
(II) intentional concealment; or 
(III) the presence of a foreign 
body, which has no therapeutic or di-
agnostic purpose or effect, in the per-
son of the injured person. 
(ii) TREATMENT
OF
A
MINOR.—A 
health care lawsuit by or on behalf of a 
claimant under the age of 17 years at the 
time the injury was suffered may not be 
commenced after the date that is 3 years 
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after the date of the alleged manifestation 
of injury except that actions by a claimant 
under the age of 6 years may not be com-
menced after the date that is 3 years after 
the date of manifestation of injury or prior 
to the claimant’s 8th birthday, whichever 
provides a longer period. This limitation 
shall be tolled for claimants under the age 
of 17 years for any period during which a 
parent or guardian and a health care pro-
vider or health care organization have com-
mitted fraud or collusion in the failure to 
bring an action on behalf of the claimant. 
(B) EQUITABLE ASSIGNMENT OF RESPON-
SIBILITY.—In any health care lawsuit against a 
covered entity— 
(i) each party to the lawsuit other 
than the claimant that is such a covered 
entity shall be liable for that party’s sev-
eral share of any damages only and not for 
the share of any other person and such 
several share shall be in direct proportion 
to that party’s proportion of responsibility 
for the injury, as determined under clause 
(iii); 
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