HR 4296 IHCommentsClose CommentsPermalink

To amend title XVIII of the Social Security Act to require physician utilization of the Medicare electronic prescription drug program.CommentsClose CommentsPermalink

December 5, 2007

Ms. SCHWARTZ (for herself, Mr. PORTER, and Mrs. CAPPS) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

To amend title XVIII of the Social Security Act to require physician utilization of the Medicare electronic prescription drug program.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Medicare Electronic Medication and Safety Protection (E-MEDS) Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(1) Patient safety is an important issue and a priority among patients, providers, insurers, businesses, and government entities alike.CommentsClose CommentsPermalink





(2) Adverse drug events are defined by the Institute of Medicine as `any injury due to medication'.CommentsClose CommentsPermalink





(3) According to the Institute of Medicine, more then 1.5 million preventable adverse drug events occur every year in the United States.CommentsClose CommentsPermalink





(4) Studies indicate that at least 530,000 preventable adverse drug events occur each year among the Medicare population, and cost the Federal Government upwards of $887,000,000, or $1,983 per person.CommentsClose CommentsPermalink





(5) Electronic prescription drug programs, or e-prescribing, provide for the electronic transmittal of prescription information from the prescribing health care provider to the dispensing pharmacy and pharmacist.CommentsClose CommentsPermalink





(6) Electronic prescribing provides formulary and coverage information before a prescription is written to better inform the patient and prescriber of lower cost options, including generics.CommentsClose CommentsPermalink





(7) E-prescribing can help to eliminate medical errors, injuries, hospitalizations, and even death that can result from illegible prescriptions and bad drug interactions, in addition to reducing patient medication non-adherence.CommentsClose CommentsPermalink





(8) The Institute of Medicine recommends that all physicians create a plan to implement and use e-prescribing technology by 2010.CommentsClose CommentsPermalink

SEC. 3. INCENTIVES FOR USE OF E-PRESCRIBING UNDER MEDICARE.

(a) Bonus Payments- Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(v) Incentive Payments for Physician Use of E-Prescribing-CommentsClose CommentsPermalink





`(1) ONE-TIME BONUS FOR START-UP COSTS-CommentsClose CommentsPermalink





`(A) IN GENERAL- If the Secretary determines, based upon coding in claims submitted under this part over a duration specified by the Secretary, that a physician meets a threshold volume or proportion (as specified by the Secretary) of claims for physicians' services for individuals enrolled under this part that--CommentsClose CommentsPermalink





`(i) are classified (under section 1848) as evaluation and management services;CommentsClose CommentsPermalink





`(ii) include the making of a prescription that could under law be made using the electronic prescription drug program; andCommentsClose CommentsPermalink





`(iii) use the electronic prescription drug program for such prescription,CommentsClose CommentsPermalink





the Secretary shall make a payment to the physician, in addition to any other payment under this part, of the amount specified in subparagraph (B). Not more than one payment may be made under this subsection with respect to any physician.CommentsClose CommentsPermalink





`(B) AMOUNT- The payment amount under subparagraph (A) shall be, in the case of a physician that meets the conditions of subparagraph (A) for a period that begins during--CommentsClose CommentsPermalink





`(i) 2008 or 2009, $2,000;CommentsClose CommentsPermalink





`(ii) 2010 or 2011, $1,500; orCommentsClose CommentsPermalink





`(iii) 2012 or a subsequent year, $1,000.CommentsClose CommentsPermalink





`(2) ON-GOING BONUS FOR USE OF E-PRESCRIBING-CommentsClose CommentsPermalink





`(A) IN GENERAL- If the Secretary determines, based upon coding in claims submitted under this part over a period specified by the Secretary, that a physician uses the electronic prescription drug program for prescribing at least a threshold volume or proportion (as specified by the Secretary) of claims for physicians' services for individuals enrolled under this part, in addition to the amount of payment that would otherwise be made under this part for physicians' services by the physician that are classified as evaluation and management services under section 1848, there also shall be paid to the physician an amount equal to 1 percent of the allowed charges for such services. In applying the previous sentence, there shall not be taken into account claims for prescriptions written for controlled substances which may not under law be prescribed using the electronic prescription drug program.CommentsClose CommentsPermalink





`(B) APPLICATION TO PHYSICIAN SHORTAGE BONUSES- The additional payment under this paragraph shall be taken into account in applying subsections (m) and (u).CommentsClose CommentsPermalink





`(3) AUDITING- Provisions applicable to the auditing of claims for payment and enforcement of false claims under this part shall apply to claims for payment under this subsection.CommentsClose CommentsPermalink





`(4) ELECTRONIC PRESCRIPTION DRUG PROGRAM DEFINED- In this subsection, the term `electronic prescription drug program' means the program established under section 1860D-4(e).'.CommentsClose CommentsPermalink





(b) Adjustment in Fee Schedule for Failure To Use E-Prescribing- Section 1848(a) of such Act (42 U.S.C. 1395w-8(a)) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(5) REQUIREMENT FOR USE OF E-PRESCRIBING-CommentsClose CommentsPermalink





`(A) IN GENERAL- Subject to subparagraph (B), effective for physicians' services furnished on or after January 1, 2011, in the case of such services--CommentsClose CommentsPermalink





`(i) that are classified as evaluation and management services under this section; andCommentsClose CommentsPermalink





`(ii) in connection with which there was one or more prescriptions made that could have been made, but were not all made, under the electronic prescription drug program,CommentsClose CommentsPermalink





the fee schedule amount otherwise applicable under this section shall be reduced by 10 percent.CommentsClose CommentsPermalink





`(B) WAIVER- The Secretary may waive the application of subparagraph (A) until January 1, 2012, or January 1, 2013, as specified by the Secretary, in cases of demonstrated hardship or unforeseen circumstances specified by the Secretary.'.CommentsClose CommentsPermalink

SEC. 4. REPORTS ON E-PRESCRIBING.

(a) CMS Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 2 years after the date of the enactment of this Act, the Administrator of the Centers for Medicare & Medicaid Services shall submit to Congress a report on progress on implementing e-prescribing under the Medicare electronic prescription drug program under section 1860D-4(e) of the Social Security Act (42 U.S.C. 1395w-104(e)).CommentsClose CommentsPermalink





(2) ITEMS INCLUDED- Such report shall include information on--CommentsClose CommentsPermalink





(A) the percentage of Medicare physicians that utilize the electronic prescription drug program;CommentsClose CommentsPermalink





(B) the estimated savings resulting from the use of e-prescribing; andCommentsClose CommentsPermalink





(C) progress on reducing avoidable medical errors resulting from the use of e-prescribing.CommentsClose CommentsPermalink





(b) GAO Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the impact of implementation of such program on physicians.CommentsClose CommentsPermalink





(2) ITEMS INCLUDED- Such report shall include information on--CommentsClose CommentsPermalink





(A) factors influencing the adopting of e-prescribing by physicians; andCommentsClose CommentsPermalink





(B) the impact of this Act on physicians practicing in individual or small group practices and on physicians practicing in rural areas.CommentsClose CommentsPermalink