Sec. 9. Reducing administrative burden and other provisions

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Section 1802(b)(3) of the Social Security Act ( 42 U.S.C. 1395a(b)(3) ) is amended— in subparagraph (B)(ii), by striking during the 2-year period beginning on the date the affidavit is signed and inserting during the applicable 2-year period (as defined in subparagraph (D)) ; in subparagraph (C), by striking during the 2-year period described in subparagraph (B)(ii) and inserting during the applicable 2-year period ; and by adding at the end the following new subparagraph: In this subsection, the term applicable 2-year period means, with respect to an affidavit of a physician or practitioner under subparagraph (B), the 2-year period beginning on the date the affidavit is signed and includes each subsequent 2-year period unless the physician or practitioner involved provides notice to the Secretary (in a form and manner specified by the Secretary), not later than 30 days before the end of the previous 2-year period, that the physician or practitioner does not want to extend the application of the affidavit for such subsequent 2-year period. .

The amendments made by subparagraph

(A)shall apply to affidavits entered into on or after the date that is 60 days after the date of the enactment of this Act. Section 1802(b) of the Social Security Act ( 42 U.S.C. 1395a(b) ) is amended— in paragraph (5), by adding at the end the following new subparagraph: The term opt-out physician or practitioner means a physician or practitioner who has in effect an affidavit under paragraph (3)(B). ; by redesignating paragraph

(5)as paragraph (6); and by inserting after paragraph

(4)the following new paragraph: Beginning not later than February 1, 2015, the Secretary shall make publicly available through an appropriate publicly accessible website of the Department of Health and Human Services information on the number and characteristics of opt-out physicians and practitioners and shall update such information on such website not less often than annually. The information to be made available under subparagraph

(A)shall include at least the following with respect to opt-out physicians and practitioners: Their number. Their physician or professional specialty or other designation. Their geographic distribution. The timing of their becoming opt-out physicians and practitioners, relative to when they first entered practice and with respect to applicable 2-year periods. The proportion of such physicians and practitioners who billed for emergency or urgent care services. . Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the Inspector General of the Department of Health and Human Services, shall submit to Congress a report with legislative recommendations to amend existing fraud and abuse laws, through exceptions, safe harbors, or other narrowly targeted provisions, to permit gainsharing or similar arrangements between physicians and hospitals that improve care while reducing waste and increasing efficiency. The report shall— consider whether such provisions should apply to ownership interests, compensation arrangements, or other relationships; describe how the recommendations address accountability, transparency, and quality, including how best to limit inducements to stint on care, discharge patients prematurely, or otherwise reduce or limit medically necessary care; and consider whether a portion of any savings generated by such arrangements should accrue to the Medicare program under title XVIII of the Social Security Act. As a consequence of a significant Federal investment in the implementation of health information technology through the Medicare and Medicaid EHR incentive programs, Congress declares it a national objective to achieve widespread exchange of health information through interoperable certified EHR technology nationwide by December 31, 2017. In this paragraph: The term widespread interoperability means interoperability between certified EHR technology systems employed by meaningful EHR users under the Medicare and Medicaid EHR incentive programs and other clinicians and health care providers on a nationwide basis. The term interoperability means the ability of two or more health information systems or components to exchange clinical and other information and to use the information that has been exchanged using common standards as to provide access to longitudinal information for health care providers in order to facilitate coordinated care and improved patient outcomes. Not later than July 1, 2015, and in consultation with stakeholders, the Secretary shall establish metrics to be used to determine if and to the extent that the objective described in subparagraph

(A)has been achieved. If the Secretary of Health and Human Services determines that the objective described in subparagraph

(A)has not been achieved by December 31, 2017, then the Secretary shall submit to Congress a report, by not later than December 31, 2018, that identifies barriers to such objective and recommends actions that the Federal Government can take to achieve such objective. Such recommended actions may include recommendations— to adjust payments for not being meaningful EHR users under the Medicare EHR incentive programs; and for criteria for decertifying certified EHR technology products. Section 1848(o)(2)(A)(ii) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2)(A)(ii) ) is amended by inserting before the period at the end the following: , and the professional demonstrates (through a process specified by the Secretary, such as the use of an attestation) that the professional has not knowingly and willfully taken any action to limit or restrict the compatibility or interoperability of the certified EHR technology . Section 1886(n)(3)(A)(ii) of the Social Security Act ( 42 U.S.C. 1395ww(n)(3)(A)(ii) ) is amended by inserting before the period at the end the following: , and the hospital demonstrates (through a process specified by the Secretary, such as the use of an attestation) that the hospital has not knowingly and willfully taken any action to limit or restrict the compatibility or interoperability of the certified EHR technology . The amendments made by this subsection shall apply to meaningful EHR users as of the date that is one year after the date of the enactment of this Act. The Secretary shall conduct a study to examine the feasibility of establishing mechanisms that includes aggregated results of surveys of meaningful EHR users on the functionality of certified EHR technology products to enable such users to directly compare the functionality and other features of such products. Such information may be made available through contracts with physician, hospital, or other organizations that maintain such comparative information. Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the website. The report shall include information on the benefits of, and resources needed to develop and maintain, such a website. In this subsection: The term certified EHR technology has the meaning given such term in section 1848(o)(4) of the Social Security Act (42 U.S.C. 1395w–4(o)(4)). The term meaningful EHR user has the meaning given such term under the Medicare EHR incentive programs. The term Medicare and Medicaid EHR incentive programs means— in the case of the Medicare program under title XVIII of the Social Security Act, the incentive programs under section 1814(l)(3), section 1848(o), subsections

(l)and

(m)of section 1853, and section 1886(n) of the Social Security Act (42 U.S.C. 1395f(l)(3), 1395w–4(o), 1395w–23, 1395ww(n)); and in the case of the Medicaid program under title XIX of such Act, the incentive program under subsections (a)(3)(F) and

(t)of section 1903 of such Act (42 U.S.C. 1396b). The term Secretary means the Secretary of Health and Human Services. The Comptroller General of the United States shall conduct a study on the following: How the definition of telehealth across various Federal programs and Federal efforts can inform the use of telehealth in the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). Issues that can facilitate or inhibit the use of telehealth under the Medicare program under such title, including oversight and professional licensure, changing technology, privacy and security, infrastructure requirements, and varying needs across urban and rural areas. Potential implications of greater use of telehealth with respect to payment and delivery system transformations under the Medicare program under such title XVIII and the Medicaid program under title XIX of such Act ( 42 U.S.C. 1396 et seq. ). How the Centers for Medicare & Medicaid Services conducts oversight of payments made under the Medicare program under such title XVIII to providers for telehealth services. The Comptroller General of the United States shall conduct a study— of the dissemination of remote patient monitoring technology in the private health insurance market; of the financial incentives in the private health insurance market relating to adoption of such technology; of the barriers to adoption of such services under the Medicare program under title XVIII of the Social Security Act; that evaluates the patients, conditions, and clinical circumstances that could most benefit from remote patient monitoring services; and that evaluates the challenges related to establishing appropriate valuation for remote patient monitoring services under the Medicare physician fee schedule under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) in order to accurately reflect the resources involved in furnishing such services. For purposes of this paragraph: The term remote patient monitoring services means services furnished through remote patient monitoring technology. The term remote patient monitoring technology means a coordinated system that uses one or more home-based or mobile monitoring devices that automatically transmit vital sign data or information on activities of daily living and may include responses to assessment questions collected on the devices wirelessly or through a telecommunications connection to a server that complies with the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996, as part of an established plan of care for that patient that includes the review and interpretation of that data by a health care professional. Not later than 24 months after the date of the enactment of this Act, the Comptroller General shall submit to Congress— a report containing the results of the study conducted under paragraph (1); and a report containing the results of the study conducted under paragraph (2). A report required under this paragraph shall be submitted together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. The Comptroller General may submit one report containing the results described in subparagraphs

(A)and

(B)and the recommendations described in the previous sentence. The development, recognition, or implementation of any guideline or other standard under any Federal health care provision shall not be construed— to establish the standard of care or duty of care owed by a health care provider to a patient in any medical malpractice or medical product liability action or claim; or to preempt any standard of care or duty of care, owed by a health care provider to a patient, duly established under State or common law. For purposes of this subsection: The term Federal health care provision means any provision of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), title I or subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), or title XVIII or XIX of the Social Security Act. The term health care provider means any individual or entity— licensed, registered, or certified under Federal or State laws or regulations to provide health care services; or required to be so licensed, registered, or certified but that is exempted by other statute or regulation. The term medical malpractice or medical product liability action or claim means a medical malpractice action or claim (as defined in section 431(7) of the Health Care Quality Improvement Act of 1986 ( 42 U.S.C. 11151(7) )) and includes a liability action or claim relating to a health care provider’s prescription or provision of a drug, device, or biological product (as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act). The term State includes the District of Columbia, Puerto Rico, and any other commonwealth, possession, or territory of the United States. No provision of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), title I or subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), or title XVIII or XIX of the Social Security Act shall be construed to preempt any State or common law governing medical professional or medical product liability actions or claims.

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