Good News: Most Provider Based Physicians Now Eligible for HIT Incentives
With President Obama’s signing of HR4851 on April 15th, most physicians that practice in hospital-owned outpatient clinics will now be eligible for CMS HIT incentives. This is a welcome development: an important step in ensuring a coordinated EHR adoption approach between hospitals and their physician clinics. I’ve inserted the specific language from the new legislation below.
“SEC. 5. EHR CLARIFICATION.
QUALIFICATION FOR CLINIC-BASED PHYSICIANS.—
(1) MEDICARE.—Section 1848(o)(1)(C)(ii) of the Social Security Act (42 U.S.C. 1395w–4(o)(1)(C)(ii)) is amended by striking ‘‘setting (whether inpatient or outpatient)’’ and inserting ‘‘inpatient or emergency room setting’’.
(2) MEDICAID.—Section 1903(t)(3)(D) of the Social Security Act (42 U.S.C. 1396b(t)(3)(D)) is amended by striking ‘‘setting (whether inpatient or outpatient)’’ and inserting ‘‘inpatient or emergency room setting’’.
(b) EFFECTIVE DATE.—The amendments made by subsection (a) shall be effective as if included in the enactment of the HITECH Act (included in the American Recovery and Reinvestment Act of 2009 (Public Law 111–5)).”


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