123STA T .47 7 PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9(2)Section184 8( m )(2) o fsu c hA ct (42 U. S. C . 1 395w– 4(m)(2)) is a men d ed — (A) in su bp a r a g raph (A) , b y stri k ing ‘ ‘ F or2 0 09 ’ ’ and inserting ‘‘Sub j ect to subparagraph ( D ), for 2009’’
and ( B ) by adding at the end the fo l lowing new subpara - graph
‘‘(D) LIM I TA TI ONW IT HRESP E C T TO EHR INCENTI V EPA Y - MENTS.— T he pro v isions of this paragraph shall not apply to an eligible professional (or, in the case of a group practice under paragraph (3)(C), to the group practice) if, for the EHR reporting period the eligible professional (or group practice) receives an incentive payment under subsection (o)(1)(A) with respect to a certified EHR technology (as defined in subsection (o)(4)) that has the capability of elec- tronic prescribing.’’. SEC.4102 . IN CEN T I V ES FORH OS P IT AL S. (a) I NCENTIVE P AYMENT.— (1) IN G ENERA L .—Section 188 6 of the Social Security Act (42 U.S.C. 1395ww) is amended by adding at the end the following new subsection: ‘‘(n) INCENTIVES F ORA D OPTION AND M EANINGF U L USE OF CER- TIFIED EHR TECHNOLOGY.— ‘‘(1) IN GENERAL.—Subject to the succeeding provisions of this subsection, with respect to inpatient hospital services fur- nished by an eligible hospital during a payment year (as defined in paragraph (2)( G )), if the eligible hospital is a meaningful EHR user (as determined under paragraph (3)) for the EHR reporting period with respect to such year, in addition to the amount otherwise paid under this section, there also shall be paid to the eligible hospital, from the Federal Hospital Insurance Trust Fund established under section 181 7 ,an amount e q ual to the applicable amount specified in paragraph (2)(A) for the hospital for such payment year. ‘‘(2) PAYMENT AMOUNT.— ‘‘(A) IN GENERAL.—Subject to the succeeding subpara- graphs of this paragraph, the applicable amount specified in this subparagraph for an eligible hospital for a payment year is equal to the product of the following: ‘‘(i) INITIAL AMOUNT.—The sum of— ‘‘(I) the base amount specified in subparagraph (B); plus ‘‘(II) the discharge related amount specified in subparagraph (C) for a 12-month period selected by the Secretary with respect to such payment year. ‘‘(ii) MEDICARE SHARE.—The Medicare share as specified in subparagraph (D) for the eligible hospital for a period selected by the Secretary with respect to such payment year. ‘‘(iii) TRANSITION FACTOR.—The transition factor specified in subparagraph (E) for the eligible hospital for the payment year. ‘‘(B) BASE AMOUNT.—The base amount specified in this subparagraph is $ 2,000,000. ‘‘(C) DISCHARGE RELATED AMOUNT.—The discharge related amount specified in this subparagraph for a 12-
