Page:United States Statutes at Large Volume 122.djvu/2551

 12 2 STA T . 2 5 2 8PUBLIC LA W 11 0– 2 7 5 —J UL Y 15, 2008 profes s i o nal isas uc cessful elec t ronic prescri b er for suc h reportin g perio d, in addition to the a m ount other w ise paid under this part, there also shall be paid to the eligible professional ( or to an emplo y er or facility in the cases described in clause ( A) of section 1842 (b)( 6 )) or, in the case of a group practice under paragraph ( 3 )( C ), to the group practice, from the F ederal S upplementary M edical I nsurance T rust Fund established under section 1841 an amount e q ual to the applicable electronic prescribing per - cent of the Secretary ’ s estimate (based on claims submitted not later than 2 months after the end of the reporting period) of the allowed charges under this part for all such co v ered professional services furnished by the eligible professional (or, in the case of a group practice under paragraph (3)(C), by the group practice) during the reporting period .‘ ‘( B ) LIM I TA TI ONW IT HRESP E C TTOE L ECTRONIC PRE- SCRI B IN GQU ALIT Y MEASURES. — The provisions of this para- graph and subsection (a)( 5 ) 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 reporting period (or, for purposes of subsection (a)(5), for the reporting period for a year)— ‘‘(i) the allowed charges under this part for all covered professional services furnished by the eligible professional (or group, as applicable) for the codes to which the electronic prescribing quality measure applies (as identified by the Secretary and published on the Internet website of the Centers for Medicare & Medicaid Services as of J anuary 1, 2 0 08, and as subsequently modified by the Secretary) are less than 10 percent of the total of the allowed charges under this part for all such covered professional services fur- nished by the eligible professional (or the group, as applicable) or ‘‘(ii) if determined appropriate by the Secretary, the eligible professional does not submit (including both electronically and nonelectronically) a sufficient number (as determined by the Secretary) of prescrip- tions under part D . If the Secretary ma k es the determination to apply clause (ii) for a period, then clause (i) shall not apply for such period. ‘‘(C) APPLICABLE ELECTRONIC PRESCRIBING PERCENT.— For purposes of subparagraph (A), the term ‘applicable electronic prescribing percent’ means— ‘‘(i) for 200 9 and 2010, 2.0 percent; ‘‘(ii) for 2011 and 2012, 1.0 percent; and ‘‘(iii) for 2013, 0.5 percent.’’; (2) in paragraph (3), as redesignated by section 131(b)— (A) in the heading, by inserting ‘‘AN D SUCCESS F UL ELEC- TRONIC PRESCRIBER’’ after ‘‘REPORTING’’; and (B) by inserting after subparagraph (A) the following new subparagraph

‘‘(B) SUCCESSFUL ELECTRONIC PRESCRIBER.— ‘‘(i) IN GENERAL.—For purposes of paragraph (2) and subsection (a)(5), an eligible professional shall be

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