12 2 STA T . 2 53 1 PUBLIC LA W 11 0– 2 7 5 —J UL Y 15 , 200 8(1)Thep e rc e ntag e of e li gi b le profe s sionals (as d efined in section 1 84 8( k )( 3 ) of the S ocial Sec u rit yA ct (4 2U. S. C .13 95w– 4(k)(3)) that are using electronic prescribing syste m s , including a determination of whether less than 5 0 percent of eligible professionals are using electronic prescribing systems. (2) I f less than 50 percent of eligible professionals are using electronic prescribing systems, recommendations for increasing the use of electronic prescribing systems by eligible professionals, such as changes to the incenti v e payment ad j ust - ments established under section 1848(a)(5) of such Act, as added by subsection (b). (3) The estimated savings to the M edicare program under title XV III of such Act resulting from the use of electronic prescribing systems. (4) R eductions in avoidable medical errors resulting from the use of electronic prescribing systems. (5) The e x tent to which the privacy and security of the personal health information of Medicare beneficiaries is pro- tected when such beneficiaries ’ prescription drug data and usage information is used for purposes other than their direct clinical care, including — (A) whether information identifying the beneficiary is, and remains, removed from data regarding the beneficiary’s prescription drug utili z ation
and ( B ) the extent to which current law re q uires sufficient and appropriate oversight and audit capabilities to monitor the practice of prescription drug data mining. ( 6 ) Such other recommendations and administrative action as the Comptroller G eneral determines to be appropriate. SEC.13 3.E XPANDI N G ACCESS TO P R I M AR Y CARE SER V ICES. (a) R EVIS I ON S T OT H EME D I CAR E MEDICA LH O M E D EMONSTRA- TION P RO J ECT.— (1) A U THORIT Y TOE XP AND.—Section 204(b) of division B of the Tax Relief and Health Care Act of 2006 (42 U.S.C. 1395b–1 note) is amended— (A) in paragraph (1), by striking ‘ ‘The project’’ and inserting ‘‘Subject to paragraph (3), the project’’; and (B) by adding at the end the following new paragraph
‘‘(3) E XPANSION.—The Secretary may expand the duration and the scope of the project under paragraph (1), to an extent determined appropriate by the Secretary, if the Secretary deter- mines that such expansion will result in any of the following conditions being met: ‘‘(A) The expansion of the project is expected to improve the quality of patient care without increasing spending under the Medicare program (not taking into account amounts available under subsection (g)). ‘‘(B) The expansion of the project is expected to reduce spending under the Medicare program (not taking into account amounts available under subsection (g)) without reducing the quality of patient care.’’. (2) F UNDIN G AND APPLICATION.—Section 204 of division B of the Tax Relief and Health Care Act of 2006 (42 U.S.C. 1395b–1 note) is amended by adding at the end the following new subsections:
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