Page:United States Statutes at Large Volume 123.djvu/488

 123STA T .468PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9madeun de rthis su b se c ti o n w ith res p ecttoa y ear a f ter 2016.‘ ‘ (B)LIM I TA TI ONS ON AMO U NTS O F IN CE NTI V E P A Y- MENTS. — ‘‘(i) I N G ENE R A L .—In no case sha l l the amount of the incenti v e payment provided under this para- g raph for an eligible professional for a payment year e x ceed the applicable amount specified under this subparagraph with respect to such eligible professional and such year. ‘‘(ii) A MOUNT.— S ub j ect to clauses (iii) through (v) , the applicable amount specified in this subparagraph for an eligible professional is as follows ‘‘(I) F or the first payment year for such profes- sional, $ 1 5 ,000 (or, if the first payment year for such eligible professional is 2011 or 2012, $1 8 ,000). ‘‘(II) For the second payment year for such professional, $12,000. ‘‘(III) For the third payment year for such professional, $8,000. ‘‘(I V ) For the fourth payment year for such professional, $ 4 ,000. ‘‘(V) For the fifth payment year for such profes- sional, $2,000. ‘‘(VI) For any succeeding payment year for such professional, $0. ‘‘(iii) PH ASE D O W N FOR ELIGI B LE PROFESSIONALS FIRST ADOPTING EHR AFTER 2013 .—If the first payment year for an eligible professional is after 201 3, then the amount specified in this subparagraph for a pay- ment year for such professional is the same as the amount specified in clause (ii) for such payment year for an eligible professional whose first payment year is 2013. ‘‘(iv) INCREASE FOR CERTAIN ELIGIBLE PROFES- SIONALS.—In the case of an eligible professional who predominantly furnishes services under this part in an area that is designated by the Secretary (under section 332(a)(1)(A) of the Public H ealth Service Act) as a health professional shortage area, the amount that would otherwise apply for a payment year for such professional under subclauses (I) through (V) of clause (ii) shall be increased by 10 percent. In imple- menting the preceding sentence, the Secretary may, as determined appropriate, apply provisions of sub- sections (m) and (u) of section 1833 in a similar manner as such provisions apply under such subsection. ‘‘(v) N O INCENTIVE PAYMENT IF FIRST ADOPTING AFTER 201 4 .—If the first payment year for an eligible professional is after 2014 then the applicable amount specified in this subparagraph for such professional for such year and any subse q uent year shall be $0. ‘‘( C ) NON-APPLICATION TO HOSPITAL-BASED ELIGIBLE PROFESSIONALS.— ‘‘(i) IN GENERAL.—No incentive payment may be made under this paragraph in the case of a hospital- based eligible professional.