Title: Putting Patients and Providers Ahead of Compressed Regulatory Timelines Act of 2017
Policy area: Health

Summary:
Putting Patients and Providers Ahead of Compressed Regulatory Timelines Act of 2017
This bill amends title XVIII (Medicare) of the Social Security Act to eliminate provider penalties for failure to comply with electronic health records (EHR) use requirements.
Under current law, certain hospitals, Medicare Advantage organizations, and professionals participating in Medicare are subject to negative payment adjustments if they fail to comply with established requirements for EHR use. The bill eliminates these penalties and requires the Centers for Medicare & Medicaid Services to reimburse such providers for payments that they would have received within a specified timeframe had such penalties not been applied.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 409 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 409

   To amend title XVIII of the Social Security Act to sunset certain 
   penalties relating to meaningful electronic health records use by 
 Medicare eligible professionals and hospitals, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 10, 2017

 Mr. King of Iowa introduced the following bill; which was referred to 
 the Committee on Ways and Means, and in addition to the Committee on 
Energy and Commerce, for a period to be subsequently 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 sunset certain 
   penalties relating to meaningful electronic health records use by 
 Medicare eligible professionals and hospitals, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Putting Patients and Providers Ahead 
of Compressed Regulatory Timelines Act of 2017''.

SEC. 2. SUNSETTING CERTAIN PENALTIES RELATING TO MEANINGFUL EHR USE.

    (a) Eligible Professionals.--
            (1) In general.--Section 1848(a)(7) of the Social Security 
        Act (42 U.S.C. 1395w-4(a)(7)) is amended by striking 
        subparagraph (A).
            (2) Effective date; rebate.--
                    (A) Effective date.--The amendment made by 
                paragraph (1) shall apply with respect to items and 
                services furnished on or after January 1, 2015.
                    (B) Rebate.--With respect to items and services 
                furnished during the period beginning on January 1, 
                2015, and ending on the date of the enactment of this 
                Act, the Secretary of Health and Human Services shall 
                implement a method to provide eligible professionals 
                (as defined in section 1848(o)(5)(C) of the Social 
                Security Act (42 U.S.C. 1395w-4(o)(5)(C))) a 
                reimbursement equal to the amount by which--
                            (i) the amount of reimbursement made under 
                        section 1848 of such Act (42 U.S.C. 1395w-4), 
                        before application of this subsection, for such 
                        items and services furnished during such period 
                        by such professionals, is less than
                            (ii) the amount of reimbursement that would 
                        have been made under such section, after 
                        application of this subsection, for such items 
                        and services furnished by such professionals 
                        during such period.
    (b) Eligible Hospitals.--
            (1) In general.--Section 1886(b)(3)(B) of the Social 
        Security Act (42 U.S.C. 1395ww(b)(3)(B)) is amended by striking 
        clause (ix).
            (2) Effective date; rebate.--
                    (A) Effective date.--The amendment made by 
                paragraph (1) shall apply with respect to items and 
                services furnished on or after October 1, 2014.
                    (B) Rebate.--With respect to items and services 
                furnished during the period beginning on October 1, 
                2014, and ending on the date of the enactment of this 
                Act, the Secretary of Health and Human Services shall 
                implement a method to provide eligible hospitals (as 
                defined in section 1886(n)(6)(A) of the Social Security 
                Act (42 U.S.C. 1395ww(n)(6)(A))) a reimbursement equal 
                to the amount by which--
                            (i) the amount of reimbursement made under 
                        section 1886 of such Act (42 U.S.C. 1395ww), 
                        before application of this subsection, for such 
                        items and services furnished during such period 
                        by such hospitals, is less than
                            (ii) the amount of reimbursement that would 
                        have been made under such section, after 
                        application of this subsection, for such items 
                        and services furnished by such hospitals during 
                        such period.
    (c) Critical Access Hospitals.--
            (1) In general.--Section 1814(l) of the Social Security Act 
        (42 U.S.C. 1395f(l)) is amended by striking paragraph (4).
            (2) Effective date; rebate.--
                    (A) Effective date.--The amendment made by 
                paragraph (1) shall apply with respect to items and 
                services furnished during a reporting period beginning 
                on or after October 1, 2014.
                    (B) Rebate.--With respect to items and services 
                furnished during the period beginning on the first day 
                on which paragraph (1) applies, and ending on the date 
                of the enactment of this Act, the Secretary of Health 
                and Human Services shall implement a method to provide 
                critical access hospitals a reimbursement equal to the 
                amount by which--
                            (i) the amount of reimbursement made under 
                        section 1814 of the Social Security Act (42 
                        U.S.C. 1395f), before application of this 
                        subsection, for such items and services 
                        furnished during such period by such hospitals, 
                        is less than
                            (ii) the amount of reimbursement that would 
                        have been made under such section, after 
                        application of this subsection, for such items 
                        and services furnished by such hospitals during 
                        such period.
    (d) Medicare Advantage.--
            (1) In general.--Section 1853 of the Social Security Act 
        (42 U.S.C. 1395w-23) is amended--
                    (A) in subsection (l)--
                            (i) in paragraph (1)--
                                    (I) by striking ``paragraphs (3) 
                                and (4)'' and inserting ``paragraph 
                                (3)'';
                                    (II) by striking ``sections 1848(o) 
                                and 1848(a)(7)'' and inserting 
                                ``section 1848(o)''; and
                                    (III) by striking ``and payment 
                                adjustments under paragraph (4) shall 
                                apply to''; and
                            (ii) by striking paragraph (4); and
                    (B) in subsection (m)--
                            (i) in paragraph (1)--
                                    (I) by striking ``paragraphs (3) 
                                and (4)'' and inserting ``paragraph 
                                (3)'';
                                    (II) by striking ``sections 1886(n) 
                                and 1886(b)(3)(B)(ix)'' and inserting 
                                ``section 1886(n)''; and
                                    (III) by striking ``and payment 
                                adjustments under paragraph (4) shall 
                                apply to''; and
                            (ii) by striking paragraph (4).
            (2) Effective date; rebate.--
                    (A) Effective date.--The amendments made by 
                paragraph (1) shall apply with respect to items and 
                services furnished during an applicable period 
                beginning on or after October 1, 2014.
                    (B) Rebate.--With respect to items and services 
                furnished during the period beginning on the first day 
                on which paragraph (1) applies, and ending on the date 
                of the enactment of this Act, the Secretary of Health 
                and Human Services shall implement a method to provide 
                MA organizations a reimbursement equal to the amount by 
                which--
                            (i) the payment amount payable under 
                        section 1853 of the Social Security Act (42 
                        U.S.C. 1395w-23) for such organization, before 
                        application of this subsection, for such items 
                        and services furnished during such period, is 
                        less than
                            (ii) the payment amount that would have 
                        been payable under such section for such 
                        organization, after application of this 
                        subsection, for such items and services 
                        furnished during such period.
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