Page:United States Statutes at Large Volume 123.djvu/499

 123STA T .479PUBLIC LA W 111 –5—FE B. 17 , 2 0 09 ‘ ‘ (I II )Forthe th i r dpaym e n t year f or suc h hospita l,1⁄2. ‘‘(I V ) For the fourth payment year for such hospital, 1⁄ 4 . ‘‘(V) For any succeedin g payment year for such hospital, 0 . ‘‘(ii) PHASEDOWNF O R E LIG I B LE HOS P I T ALS FIRST ADOPTING EHR AFTER 2013 . — If the first payment year for an eligi b le hospital is after 2 0 13, then the transition factor specified in this subparagraph for a payment year for such hospital is the same as the amount specified in clause (i) for such payment year for an eligible hospital for w hich the first payment year is 2013. If the first payment year for an eligible hospital is after 201 5 then the transition factor specified in this subparagraph for such hospital and for such year and any subse q uent year shall be 0. ‘‘(F) FOR M OF PA Y MENT.— T he payment under this sub - section for a payment year may be in the form of a single consolidated payment or in the form of such periodic install- ments as the S ecretary may specify. ‘‘( G ) PAYMENT YEAR DEFINED.— ‘‘(i) IN GENERAL.—For purposes of this subsection, the term ‘payment year ’ means a fiscal year beginning with fiscal year 2011. ‘‘(ii) FIRST, SE C OND, ETC. PAYMENT YEAR.—The term ‘first payment year’ means, with respect to inpatient hospital ser v ices furnished by an eligible hos- pital, the first fiscal year for which an incentive pay- ment is made for such services under this subsection. The terms ‘second payment year’, ‘third payment year’, and ‘fourth payment year’ mean, with respect to an eligible hospital, each successive year immediately fol- lowing the first payment year for that hospital. ‘‘(3) M EANINGF U L EHR USER.— ‘‘( A ) IN GENERAL.—For purposes of paragraph (1), an eligible hospital shall be treated as a meaningful EHR user for an EHR reporting period for a payment year (or, for purposes of subsection (b)(3)( B )(i x ), for an EHR reporting period under such subsection for a fiscal year) if each of the following requirements are met ‘‘(i) MEANINGFUL USE OF CERTIFIED EHR TECH- NOLOGY.—The eligible hospital demonstrates to the satisfaction of the Secretary, in accordance with subparagraph ( C )(i), that during such period the hos- pital is using certified EHR technology in a meaningful manner. ‘‘(ii) INFORMATION E X CHANGE.—The eligible hos- pital demonstrates to the satisfaction of the Secretary, in accordance with subparagraph (C)(i), that during such period such certified EHR technology is connected in a manner that provides, in accordance with law and standards applicable to the exchange of informa- tion, for the electronic exchange of health information to improve the quality of health care, such as pro- moting care coordination.