Sec. 4001. ASSISTING DOCTORS AND HOSPITALS IN IMPROVING QUALITY OF CARE FOR PATIENTS
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## SEC. 4001 ASSISTING DOCTORS AND HOSPITALS IN IMPROVING QUALITY OF CARE FOR PATIENTS ###
(a)In general The Health Information Technology for Economic and Clinical Health Act (title XIII of division A of Public Law 111-5) is amended— ####
(1)by adding at the end of part 1 of subtitle A the following: > > ## “SEC. 13103 ASSISTING DOCTORS AND HOSPITALS IN IMPROVING QUALITY OF CARE FOR PATIENTS > > **[**[42 U.S.C. 300jj-11 note](/us/usc/t42/s300jj-11)**]** > > > ### “(a) Reduction in Burdens Goal > > The Secretary of Health and Human Services (referred to in this section as the ‘Secretary’), in consultation with providers of health services, health care suppliers of services, health care payers, health professional societies, health information technology developers, health care quality organizations, health care accreditation organizations, public health entities, States, and other appropriate entities, shall, in accordance with subsection (b)— > > > #### “(1) > > establish a goal with respect to the reduction of regulatory or administrative burdens (such as documentation requirements) relating to the use of electronic health records; > > > #### “(2) > > develop a strategy for meeting the goal established under paragraph (1); and > > > #### “(3) > > develop recommendations for meeting the goal established under paragraph (1). > > > ### “(b) Strategy and Recommendations > > > #### “(1) In general > > To achieve the goal established under subsection (a)(1), the Secretary, in consultation with the entities described in such subsection, shall, not later than 1 year after the date of enactment of the 21st Century Cures Act, develop a strategy and recommendations to meet the goal in accordance with this subsection. > > > #### “(2) Strategy > > The strategy developed under paragraph
(1)shall address the regulatory and administrative burdens (such as documentation requirements) relating to the use of electronic health records. Such strategy shall include broad public comment and shall prioritize— > > > ##### “(A) > > > ######
(i)> > incentives for meaningful use of certified EHR technology for eligible professionals and hospitals under sections 1848(a)(7) and 1886(b)(3)(B)(ix), respectively, of the Social Security Act (42 U.S.C. 1395w-4(a)(7), 1395ww(b)(3)(B)(ix)); > > > ###### “(ii) > > the program for making payments under section 1903(a)(3)(F) of the Social Security Act (42 U.S.C. 1396b(a)(3)(F)) to encourage the adoption and use of certified EHR technology by Medicaid providers; > > > ###### “(iii) > > the Merit-based Incentive Payment System under section 1848(q) of the Social Security Act (42 U.S.C. 1395w-4(q)); > > > ###### “(iv) > > alternative payment models (as defined in section 1833(z)(3)(C) of the Social Security Act (42 U.S.C. 1395l(z)(3)(C)); > > > ###### “(v) > > the Hospital Value-Based Purchasing Program under section 1886(o) of the Social Security Act (42 U.S.C. 1395ww(o)); and > > > ###### “(vi) > > other value-based payment programs, as the Secretary determines appropriate; > > > ##### “(B) > > health information technology certification; > > > ##### “(C) > > standards and implementation specifications, as appropriate; > > > ##### “(D) > > activities that provide individuals access to their electronic health information; > > > ##### “(E) > > activities related to protecting the privacy of electronic health information; > > > ##### “(F) > > activities related to protecting the security of electronic health information; > > > ##### “(G) > > activities related to facilitating health and clinical research; > > > ##### “(H) > > activities related to public health; > > > ##### “(I) > > activities related to aligning and simplifying quality measures across Federal programs and other payers; > > > ##### “(J) > > activities related to reporting clinical data for administrative purposes; and > > > ##### “(K) > > other areas, as the Secretary determines appropriate. > > > #### “(3) Recommendations > > The recommendations developed under paragraph
(1)shall address— > > > ##### “(A) > > actions that improve the clinical documentation experience; > > > ##### “(B) > > actions that improve patient care; > > > ##### “(C) > > actions to be taken by the Secretary and by other entities; and > > > ##### “(D) > > other areas, as the Secretary determines appropriate, to reduce the reporting burden required of health care providers. > > > #### “(4) FACA > > The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the development of the goal, strategies, or recommendations described in this section. > > > ### “(c) Application of Certain Regulatory Requirements > > A physician (as defined in section 1861(r)(1) of the Social Security Act), to the extent consistent with applicable State law, may delegate electronic medical record documentation requirements specified in regulations promulgated by the Centers for Medicare & Medicaid Services to a person performing a scribe function who is not such physician if such physician has signed and verified the documentation.” > ; and ####
(2)in the table of contents in section 13001(b), by inserting after the item relating to section 13102 the following:" “13103. Assisting doctors and hospitals in improving the quality and care for patients.” ". ###
(b)Certification of Health Information Technology for Medical Specialties and Sites of Service Section 3001(c)(5) of the Public Health Service Act (42 U.S.C. 300jj-11(c)(5)) is amended by adding at the end the following: > > ##### “(C) Health information technology for medical specialties and sites of service > > > ###### “(i) In general > > The National Coordinator shall encourage, keep, or recognize, through existing authorities, the voluntary certification of health information technology under the program developed under subparagraph
(A)for use in medical specialties and sites of service for which no such technology is available or where more technological advancement or integration is needed. > > > ###### “(ii) Specific medical specialties > > The Secretary shall accept public comment on specific medical specialties and sites of service, in addition to those described in clause (i), for the purpose of selecting additional specialties and sites of service as necessary. > > > ###### “(iii) Health information technology for pediatrics > > Not later than 18 months after the date of enactment of the 21st Century Cures Act, the Secretary, in consultation with relevant stakeholders, shall make recommendations for the voluntary certification of health information technology for use by pediatric health providers to support the health care of children. Not later than 2 years after the date of enactment of the 21st Century Cures Act, the Secretary shall adopt certification criteria under section 3004 to support the voluntary certification of health information technology for use by pediatric health providers to support the health care of children.” > . ###
(c)Meaningful Use Statistics ####
(1)In general Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the HIT Advisory Committee of the Office of the National Coordinator for Health Information Technology, a report concerning attestation statistics for the Medicare and Medicaid EHR Meaningful Use Incentive programs to assist in informing standards adoption and related practices. Such statistics shall include attestation information delineated by State, including, to the extent practicable, the number of providers who did not meet the minimum criteria necessary to attest for the Medicare and Medicaid EHR Meaningful Use Incentive programs for a calendar year, and shall be made publicly available on the Internet website of the Secretary on at least a quarterly basis. ####
(2)Authority to alter format The Secretary of Health and Human Services may alter the format of the reports on the attestation of eligible health care professionals following the first performance year of the Merit-based Incentive Payment System to account for changes arising from the implementation of such payment system.
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- Pub. L. 111-5
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Sec. 4001
ASSISTING DOCTORS AND HOSPITALS IN IMPROVING QUALITY OF CARE FOR PATIENTS
Pub. L.Pub. L. 111-5
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