---
kind: "section"
citation: "42 C.F.R. § 495.312"
title: "42"
number: "495.312"
heading: "Process for payments."
url: "https://uscodex.org/cfr/42/495.312"
---

# §495.312. Process for payments.

- (a) **General rule.** States must have a process for making payments consistent with the requirements in subparts A and D of this part.
- (b) **Reporting data consistent with this subpart.** In order to receive a payment under this part, a provider must report the required data under [subpart A](/cfr/42/subpartA.md) and this subpart within the EHR reporting period described in [§ 495.4](/cfr/42/495.4.md).
- (c) **State's role.**
  - (1) Except as specified in [paragraph (c)(2)](#c-2) of this section, the State determines the provider's eligibility for the EHR incentive payment under subparts [A](/cfr/42/subpartA.md) and [D](/cfr/42/subpartD.md) of this part and approves, processes, and makes timely payments using a process approved by CMS.
  - (2) At the State's option, CMS conducts the audits and handles any subsequent appeals, of whether eligible hospitals are meaningful EHR users on the States' behalf.
- (d) **State disbursement.** The State disburses an incentive payment to the provider based on the criteria described in subpart A and this subpart.
- (e) **Timeframes.** Payments are disbursed consistent with the following timeframes for each type of Medicaid eligible provider:
  - (1) **Medicaid EPs.** States disburse payments consistent with the calendar year on a rolling basis following verification of eligibility for the payment year.
  - (2) **Medicaid eligible hospitals.** States disburse payments consistent with the Federal fiscal year on a rolling basis following verification of eligibility for the payment year.

## Notes

### Amendments

[75 FR 44565, July 28, 2010, as amended at 77 FR 54162, Sept. 4, 2012]

### Authority

Authority: 42 U.S.C. 1302 and 1395hh.

### Source

Source: 75 FR 44565, July 28, 2010, unless otherwise noted.

### Amendments

[75 FR 44565, July 28, 2010, as amended at 77 FR 54162, Sept. 4, 2012]