,i  #aacth ,,congress  #b;d ,session    
,h4 ,r4 #eeef  ,,in ,,the ,,house ,,of  
,,representatives  ,september #ah1 #bjad
 ,mrs4 ,black 7for herself1 ,mr4 ,david 
,scott of ,georgia1 ,mrs4 ,blackburn1   
and ,mr4 ,griffin of ,arkansas7         
introduced the following bill2 which was
 referred to the ,committee on ,energy  
and ,commerce1 and in addition to the   
,committee on ,ways and ,means1 for a   
period to be subsequently determined by 
the ,speaker1 in each case for          
consideration of such provisions as fall
 within the jurisdiction of the         
committee concerned  ,a ,,bill  ,to     
amend title ,,xviii of the ,social      
,security ,act with respect to the      
treatment of patient encounters in      
ambulatory surgical centers in          
determining meaningful ,,ehr use1 and   
for other purposes4  #a4 ,short title   
,this ,act may be cited as the          
,electronic ,health ,fairness ,act of   
#bjad4  #b4 ,findings ,congress finds   
the following3  7#a7 ,ambulatory surgery

 centers were not covered under the     
provisions of the ,,hitech ,act of      
#bjji1 which created certification      
standards and incentives for adopting   
electronic health record 7,,ehr7        
technology in the physician office and  
hospital settings4  7#b7 ,,cms defines a
 meaningful ,,ehr user as an eligible   
professional having #ej percent or more 
of the professional's outpatient        
encounters at practices or locations    
equipped with certified ,,ehr           
technology4  7#c7 ,physicians with      
patient encounters in an ambulatory     
surgical center are at a disadvantage   
when attempting to meet meaningful use  
requirements because there currently is 
not certified ,,ehr technology for such 
centers4  7#d7 ,until such time as ,,ehr
 technology is certified specifically   
for use in the ambulatory surgical      
centers1 patient encounters that occur  
in such a center should not be used when
 calculating whether an eligible        
professional meets meaningful use       

requirements1 unless an eligible        
professional elects to include those    
encounters4  #c4 ,treatment of patient  
encounters in ambulatory surgical       
centers in determining meaningful ,,ehr 
use ,section #ahdh7o77#b7 of the ,social
 ,security ,act 7#db ,u4,s4,c4          
#aciew-#d7o77#b77 is amended by adding  
at the end of the following new         
subparagraph3  7,d7 ,treatment of       
patient encounters at ambulatory        
surgical centers  7i7 ,in general       
,subject to clause 7ii71 any patient    
encounter of an eligible professional   
occurring at an ambulatory surgical     
center 7described in section            
#ahcb7;i77#a77;,a77 shall not be treated
 as a patient encounter in determining  
whether an eligible professional        
qualifies as a meaningful ,,ehr user4   
7ii7 ,sunset ,clause 7i7 shall no longer
 apply as of the first year that begins 
more than #c years after the date the   
,secretary certifies ,,ehr technology   
for the ambulatory surgical center      

setting4  4