Page:United States Statutes at Large Volume 123.djvu/489

 123STA T .469PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 ‘ ‘ (i i )HOSPITAL-B AS ED ELI G IBLE P R O F ESSIO N AL .—Forpu rpo se so fcla use (i) ,th e ter m ‘hospital- b ase d eli g ible professio n al ’ means, w ith respect to co v ered profes- sional services furnished b y an eligible professional during the E H R reporting period for a payment year, an eligible professional, such as a pathologist, anesthe- siologist, or emergency physician, who furnishes substantially all of such services in a hospital setting (whether inpatient or outpatient) and through the use of the facilities and e q uipment, including qualified elec- tronic health records, of the hospital. T he determina- tion of whether an eligible professional is a hospital- based eligible professional shall be made on the basis of the site of service (as defined by the S ecretary) and without regard to any employment or billing arrangement between the eligible professional and any other provider. ‘‘( D ) P A YM ENT.— ‘‘(i) FORM OF PAYMENT.—The payment under this paragraph may be in the form of a single consolidated payment or in the form of such periodic installments as the Secretary may specify. ‘‘(ii) C OORDINATION OF APPLI C ATION OF LIMITATION FOR PROFESSIONALS IN DIFFERENT PRACTICES.— I n the case of an eligible professional furnishing covered professional services in more than one practice (as specified by the Secretary), the Secretary shall estab- lish rules to coordinate the incentive payments, including the application of the limitation on amounts of such incentive payments under this paragraph, among such practices. ‘‘(iii) COORDINATION W IT H MEDICAID.—The Sec- retary shall see k , tothema x imum extent practicable, to avoid duplicative requirements from Federal and State governments to demonstrate meaningful use of certified EHR technology under this title and title X IX. The Secretary may also ad j ust the reporting periods under such title and such subsections in order to carry out this clause. ‘‘(E) PAYMENT YEAR DEFINED.— ‘‘(i) IN GENERAL.—For purposes of this subsection, the term ‘payment year’ means a year beginning with 201 1. ‘‘(ii) FIRST, SECOND, ETC. PAYMENT YEAR.—The term ‘first payment year’ means, with respect to cov- ered professional services furnished by an eligible professional, the first year for which an incentive pay- ment is made for such services under this subsection. The terms ‘second payment year’, ‘third payment year’, ‘fourth payment year’, and ‘fifth payment year’ mean, with respect to covered professional services furnished by such eligible professional, each successive year immediately following the first payment year for such professional. ‘‘(2) M EANINGF U L EHR USER.— ‘‘( A ) IN GENERAL.—For purposes of paragraph (1), an eligible professional shall be treated as a meaningful EHR Regulations.