Page:United States Statutes at Large Volume 122.djvu/2552

 12 2 STA T . 2 5 2 9PUBLIC LA W 11 0– 2 7 5 —J UL Y 15, 200 8trea te d a s as uc cess f u l electr oni c p rescri b erfora reportin g period ( or, for purposes of subsection (a ) ( 5 ), for t h e reporting period for a y ear) if the eligible profes - sional m eets the re q uirement described in clause (ii), or, if the S ecretary determines appropriate, the requirement described in clause (iii) .I f the Secretary ma k es the determination under the preceding sentence to apply the requirement described in clause (iii) for a period, then the requirement described in clause (ii) shall not apply for such period. ‘ ‘(ii) REQUIR E M E NTFO R S U B MITTIN GDA TAONE L E C - TRONIC P RESCRIBING QUALIT Y MEASURES. —T he require- ment described in this clause is that, w ith respect to co v ered professional services furnished by an eligible professional during a reporting period (or, for purposes of subsection (a)(5), for the reporting period for a year), if there are any electronic prescribing quality measures that have been established under the physician reporting system and are applicable to any such serv- ices furnished by such professional for the period, such professional reported each such measure under such system in at least 5 0 percent of the cases in which such measure is reportable by such professional under such system. ‘‘(iii) REQUIREMENT FOR ELECTRONICALLY PRE- SCRIBING UNDER PART D.—The requirement described in this clause is that the eligible professional electroni- cally submitted a sufficient number (as determined by the Secretary) of prescriptions under part D during the reporting period (or, for purposes of subsection (a)(5), for the reporting period for a year). ‘‘(iv) U SE OF PART D DATA.— N otwithstanding sec- tions 186 0D-15(d)( 2 )( B ) and 1860D-15(f)(2), the Sec- retary may use data regarding drug claims submitted for purposes of section 1860D-15 that are necessary for purposes of clause (iii), paragraph (2)(B)(ii), and paragraph (5)( G ). ‘‘(v) STANDARDS FOR ELECTRONIC PRESCRIBING.— Tothee x tent practicable, in determining whether eligible professionals meet the requirements under clauses (ii) and (iii) for purposes of clause (i), the Secretary shall ensure that eligible professionals utili z e electronic prescribing systems in compliance with standards established for such systems pursuant to the P art D E lectronic Prescribing Program under sec- tion 1860D –4 (e). ’ ’ and ( 3 ) in paragraph (5)(E), by striking clause (iii) and inserting the following new clause

‘‘(iii) the determination of a successful electronic prescriber under paragraph (3), the limitation under paragraph (2)(B), and the exception under subsection (a)(5)(B); and’’. (b) INCENTI V E PAYMENT A D J USTMENT.—Section 1848(a) of the Social Security Act (42 U.S. C . 13 9 5w–4(a)) is amended by adding at the end the following new paragraph: ‘‘(5) INCENTIVES FOR ELECTRONIC PRESCRIBING.— ‘‘(A) ADJUSTMENT.—

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