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Bill
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Putting Patients and Providers Ahead of Compressed Regulatory Timelines Act of 2017

H.R. 409 · 115th Congress · Jan 10, 2017 · Lineage

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.

1. Short title

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

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.