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American Recovery and Reinvestment Act of 2009

A summary of key points of the 407 page Act:

National Co-ordinator, ONCHIT (P114)

Goal: The utilization of an electronic health record for each person in the United States by 2014.

HIT Policy Committee

Goal: The utilization of a certified electronic health record for each person in the United States by 2014

Competitive Grants To States For The Development Of Loan Programs To Facilitate The Widespread Adoption Of Certified HER Technology.

Goal:      1. facilitate the purchase of certified EHR technology and enhance the utilization of     certified EHR  technology

2. train personnel in the use of such technology; or

3. improve the secure electronic exchange of health information.

 The interest rate for each loan shall not exceed the market interest rate and the principal and interest payments on each loan shall commence not later than 1 year after the date the loan was awarded, and each loan shall be fully amortized not later than 10 years after the date of the loan.

 Incentive payments (P353)

In addition to the amount otherwise paid under this part, there also shall be paid to the eligible professional not later than 2 months after the end of the respective year if they are using EHR in a meaningful manner.

 For the first payment year for such professional, $15,000 (or, if the first payment year for such eligible professional is 2011 or 2012, $18,000), second payment year for such professional, $12,000, third payment year for such professional, $8,000, fourth payment year for such professional, $4,000, fifth payment year for such professional, $2,000 and any succeeding payment year for such professional, $0.

 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 subsequent year shall be $0.

 Meaningful use of certified EHR technology:

1. an attestation;
2. the submission of claims with appropriate coding (such as a code indicating that a patient encounter was documented using certified EHR technology;
3. a survey response;
4. reporting information for such period, in a form and manner specified by the Secretary of DHHS, on such clinical quality measures and such other measures as selected by the Secretary;
5. other means specified by the Secretary.

 Disincentives

If the eligible professional is not a meaningful EHR user during 2015 for an EHR reporting period for the year, the fee schedule amount for such services (Medicare) shall be paid as follows:

1. 2015, 99 percent;
2. 2016, 98 percent;
3. 2017, 97 percent;
4. 2018 and each subsequent year the applicable percent shall be decreased by 1 percent to a minimum of 95 percent.