---
kind: "section"
citation: "45 C.F.R. § 171.1001"
title: "45"
number: "171.1001"
heading: "Disincentives."
url: "https://uscodex.org/cfr/45/171.1001"
---

# §171.1001. Disincentives.

- (a) Centers for Medicare & Medicaid Services may apply the following disincentives:
  - (1) An eligible hospital or critical access hospital (CAH) as defined in [42 CFR 495.4](/cfr/42/495.4.md) is not a meaningful electronic health record (EHR) user as also defined in [42 CFR 495.4](/cfr/42/495.4.md).
  - (2) A Merit-based Incentive Payment System (MIPS) eligible clinician as defined in [42 CFR 414.1305](/cfr/42/414.1305.md), who is also a health care provider as defined in [§ 171.102](/cfr/45/171.102.md), is not a meaningful EHR user for MIPS as defined in [42 CFR 414.1305](/cfr/42/414.1305.md).
  - (3) Accountable care organizations (ACOs) who are health care providers as defined in [§ 171.102](/cfr/45/171.102.md), ACO participants, and ACO providers/suppliers will be removed from, or denied approval to participate, in the Medicare Shared Savings Program as defined in [42 CFR part 425](/cfr/42/part425.md) for at least 1 year.
- (b) [Reserved]

## Notes

### Source

Source: 89 FR 54717, July 1, 2024, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 300jj-52; 5 U.S.C. 552.

### Source

Source: 85 FR 25955, May 1, 2020, unless otherwise noted.