DEPARTMENT OF HEALTH AND HUMAN SERVICESCenters for Medicare & Medicaid Services42 CFR Parts 412, 413, 422, and 495CMS-0033-PRIN 0938-AP78Medicare and Medicaid Programs; Electronic Health Record Incentive ProgramAGENCY:

Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION:

Proposed rule.

SUMMARY:

This proposed rule would implement the provisions of the AmericanRecovery and Reinvestment Act of 2009 (ARRA) (Pub. L. 111-5) that provide incentivepayments to eligible professionals (EPs) and eligible hospitals participating in Medicareand Medicaid programs that adopt and meaningfully use certified electronic health record(EHR) technology. The proposed rule would specify the-- initial criteria an EP andeligible hospital must meet in order to qualify for the incentive payment; calculation of the incentive payment amounts; payment adjustments under Medicare for coveredprofessional services and inpatient hospital services provided by EPs and eligiblehospitals failing to meaningfully use certified EHR technology; and other programparticipation requirements. Also, as required by ARRA the Office of the NationalCoordinator for Health Information Technology (ONC) will be issuing a closely relatedinterim final rule that specifies the Secretary’s adoption of an initial set of standards,implementation, specifications, and certification criteria for electronic health records.ONC will also be issuing a notice of proposed rulemaking on the process fororganizations to conduct the certification of EHR technology.

CMS-0033-P 2

DATES

: To be assured consideration, comments must be received at one of theaddresses provided below, no later than 5 p.m. on[[OOFFRR——iinnsseerrttddaattee6600ddaayyssaaf f tteerrtthhee ddaatteeoof f ppuubblliiccaattiioonn..]].

ADDRESSES:

In commenting, please refer to file code CMS-0033-P. Because of staff and resource limitations, we cannot accept comments by facsimile (FAX) transmission.You may submit comments in one of four ways (please choose only one of theways listed):1. Electronically. You may submit electronic comments on this regulation to

http://www.regulations.gov

. Follow the instructions on the home page.2. By regular mail. You may mail written comments to the following addressONLY:Centers for Medicare & Medicaid Services,Department of Health and Human Services,Attention: CMS-0033-P,P.O. Box 8013,Baltimore, MD 21244-8013.Please allow sufficient time for mailed comments to be received before the closeof the comment period.3. By express or overnight mail. You may send written comments to thefollowing address ONLY:Centers for Medicare & Medicaid Services,Department of Health and Human Services,Attention: CMS-0033-P,

CMS-0033-P 3Mail Stop C4-26-05,7500 Security Boulevard,Baltimore, MD 21244-1850.

4. By hand or courier. If you prefer, you may deliver (by hand or courier) yourwritten comments before the close of the comment period to either of the followingaddresses:a. For delivery in Washington, DC--Centers for Medicare & Medicaid Services,Department of Health and Human Services,Room 445-G, Hubert H. Humphrey Building,200 Independence Avenue, SW.,Washington, DC 20201(Because access to the interior of the Hubert H. Humphrey Building is not readilyavailable to persons without Federal government identification, commenters areencouraged to leave their comments in the CMS drop slots located in the main lobby of the building. A stamp-in clock is available for persons wishing to retain a proof of filingby stamping in and retaining an extra copy of the comments being filed.)b. For delivery in Baltimore, MD--Centers for Medicare & Medicaid Services,Department of Health and Human Services,7500 Security Boulevard,Baltimore, MD 21244-1850.