,i  #aaith ,,congress  #ast ,session    
,h4 ,r4 #bjjb  ,,in ,,the ,,house ,,of  
,,representatives  ,march #aj1 #bjbe,mr4
 ,kelly of ,pennsylvania 7for himself1  
,mr4 ,foster1 and ,mr4 ,moulton7        
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 ,,xxx of the ,public ,health
 ,service ,act to establish standards   
and protocols to improve patient        
matching4  #a4 ,short title ,this ,act  
may be cited as the ,patient ,matching  
,and ,transparency in ,certified ,health
 ,,it ,act of #bjbe or the ,,match ,,it 
,act of #bjbe4  #b4 ,findings ,congress 
finds the following3 7#a7 ,ensuring     
accurate patient identification and     
matching is key to achieving the        

interoperability within the health care 
system called for by ,congress in the   
#bast ,century ,cures ,act and the      
,health ,information ,technology for    
,economic and ,clinical ,health         
7,,hitech7 ,act4  7#b7 ,there is        
currently no national strategy to ensure
 patients are accurately matched with   
their medical records4  7#c7 ,there is  
no standard definition across the health
 care system of patient match rate to   
ensure the ability to accurately measure
 patient matches and patient            
misidentification4  7#d7 ,the patient   
match rates that are available can vary 
widely1 with an estimate from ,,chime   
noting that matching within facilities  
can be as low as #hj percent--meaning   
that one out of every five patients may 
not be matched to all his or her        
records4  7#e7 ,patient                 
misidentification within the ,united    
,states health care system is a threat  
to patient safety1 patient privacy1 and 
a driver of unnecessary costs to        

patients and providers4  7#f7 ,the      
inability of clinicians to ensure       
patients are accurately matched with    
their medical record has caused medical 
errors1 and even lives lost4 ,patient   
misidentification has been named a      
recurrent patient safety challenge in   
multiple years by ,,ecri4  7#g7         
,patients must undergo unnecessary      
repeated medical tests because of the   
inability to ensure accurate matches to 
their medical record4  7#h7 ,the expense
 of repeated medical care due to        
duplicate records costs an average of   
#a1iej per patient inpatient stay1 and  
more than #a1gjj per emergency          
department visit4 ,thirty-five percent  
of all denied claims result from        
inaccurate patient identification1      
costing the average hospital #b4e       
million and the ,united ,states health  
care system more than #f4g billion      
annually4  7#i7 ,overlaid records1      
caused by merging multiple patients'    
data into one medical record1 may result

 in unauthorized disclosures under the  
,health ,insurance ,portability and     
,accountability ,act 7,,hipaa71 as well 
as the risk of a patient receiving      
treatment for another patient's         
condition4  7#aj7 ,this ,act would      
decrease the prevalence of patient      
misidentification by further promoting  
interoperability1 thereby protecting    
patients and addressing high costs      
driven by this issue4  #c4 ,standards   
and protocols to improve patient        
matching  7a7 ,in general ,subtitle ,c  
of title ,,xxx of the ,public ,health   
,service ,act 7#db ,u4,s4,c4 #cjj;jj-#ea
 et seq47 is amended by adding at the   
end the following new section3  #cjbc4  
,standards and protocols to improve     
patient matching  7a7 ,establishing a   
uniform definition for patient match    
rate  7#a7 ,in general ,not later than  
#ahj days after the date of enactment of
 this section1 the ,secretary shall1 in 
consultation with health care providers1
 vendors of electronic health records   

and health information technology1      
patient groups1 and other relevant      
stakeholders1 develop a definition and  
standards for accurate and precise      
patient matching to track patient match 
rates and document improvements of      
patient matching over time4 ,the        
,secretary shall ensure that such       
definition and standards for patient    
match rate account for-- 7,a7 duplicate 
records2  7,b7 overlaid records2  7,c7  
instances of multiple matches found2 and
  7,d7 mismatch rates within the same   
healthcare organizations and provider   
systems4  7#b7 ,review and update ,in   
consultation with health care providers1
 vendors of electronic health records   
and health information technology1      
patient groups1 and other relevant      
stakeholders1 the ,secretary shall      
review and update the definition and    
standards developed under paragraph     
7#a71 as appropriate1 not less          
frequently than once every #c years to  
ensure that such definition and         

standards are consistent with updates   
and improvements in technologies and    
processes4  7b7 ,development of a       
standard data set ,to improve patient   
matching  7#a7 ,in general ,not later   
than #ahj days after the date of        
enactment of this section1 subject to   
paragraph 7#b71 the ,national           
,coordinator shall review the current   
data set in the ,united ,states ,core   
,data for ,interoperability and         
identify1 define1 and adopt the minimum 
data set needed to support the adoption 
of patient matching by entities1        
including health care providers1        
developers of health care information   
technology or certified health ,,it1 or 
health information networks of exchange1
 at a rate of #ii4i percent4 ,the       
,national ,coordinator shall include    
such minimum data set in the ,united    
,states ,core ,data for                 
,interoperability4  7#b7 ,development of
 data standards in ,united ,states core 
data for interoperability ,for purposes 

of improving interoperable health       
exchange1 not later than #a year after  
defining the minimum data set described 
in paragraph 7#a71 the ,national        
,coordinator shall create1 update1 or   
adopt data standards for the data       
elements identified in the minimum data 
set and incorporate such standards into 
the ,united ,states ,core ,data for     
,interoperability4  7#c7 ,consultation  
required ,in identifying and defining   
the minimum data set described in       
paragraph 7#a7 and creating1 updating1  
or adopting data standards described in 
paragraph 7#b71 the ,national           
,coordinator shall consult with-- 7,a7  
health care providers2  7,b7 vendors of 
electronic health records2  7,c7 vendors
 of health information technology2  7,d7
 patient groups2  7,e7 ,federal         
agencies1 including the ,national       
,institute of ,standards and            
,technology1 the ,centers for ,disease  
,control and ,prevention1 the           
,department of ,defense1 the ,national  

,institutes of ,health1 the ,department 
of ,veterans ,affairs1 the ,social      
,security ,administration1 the ,indian  
,health ,service1 and the ,office for   
,civil ,rights2  7,f7 public health     
authorities within ,state1 local1       
territorial1 and ,tribal2 and  7,g7 any 
other stakeholders the ,secretary       
determines appropriate4  7#d7 ,rule of  
construction ,nothing in this subsection
 shall be construed to require an entity
 to meet a minimum patient match rate of
 #ii4i percent4  4  7b7 ,incorporating  
the minimum data set for patient        
matching into certification requirements
 ,section #cjjd7;b7 of subtitle ,b of   
title ,,xxx of the ,public ,health      
,service ,act 7#db ,u4,s4,c4            
#cjj;jj-#ad7;b77 is amended by adding at
 the end the following new subparagraph3
  7#d7 ,special rule  7,a7              
,incorporation of minimum data set into 
health it certification requirements    
,notwithstanding paragraph 7#c71 the    
,secretary shall incorporate and adopt  

the minimum data set for patient        
matching established under section #cjbc
 into the certification criteria adopted
 under this section not later than #ahj 
days after such data set is finalized4  
7,b7 ,incorporation of minimum data set 
into ,medicare interoperability program 
requirements ,not later than #bd months 
after the incorporation of the minimum  
data set for patient matching into the  
certification criteria as required in   
subparagraph 7,a71 the ,secretary shall 
incorporate and adopt such minimum data 
set for patient matching established    
under section #cjbc into program        
requirements to promote the             
interoperability of certified ,,ehr     
technology for entities participating in
 the ,medicare program under title      
,,xviii of the ,social ,security ,act4  
4  7c7 ,additional incentives ,to       
promote interoperability  7#a7 ,in      
general ,not later than #bd months after
 the incorporation and adoption of the  
minimum data set for patient matching   

into the program requirements to promote
 the interoperability of certified ,,ehr
 technology for entities participating  
under the ,medicare program under title 
,,xviii of the ,social ,security ,act as
 required in subparagraph 7,b7 of       
section #cjjd7;b77#d7 of title ,,xxx of 
the ,public ,health ,service ,act 7#db  
,u4,s4,c4 #cjj;jj-#ad7;b771 the         
,administrator of the ,centers for      
,medicare and ,medicaid ,services shall1
 through rulemaking1 establish a        
voluntary bonus measure within the      
,medicare ,promoting ,interoperability  
,program for eligible providers who meet
 an accurate patient match rate 7as     
defined under section #cjbc of subtitle 
,c of title ,,xxx of the ,public ,health
 ,service ,act7 of at least #ij percent 
or the rate determined under paragraph  
7#d7 to voluntary attest to and receive 
a payment adjustment for meeting such   
measure4  7#b7 ,special rule ,in        
establishing the voluntary bonus measure
 described in paragraph 7#a71 the       

,administrator shall-- 7,a7 ensure that 
the total score for incentive payments  
or status as an eligible provider will  
not be negatively impacted if the       
eligible provider does not attest to an 
accurate patient match rate2 and  7,b7  
ensure that the voluntary attestations  
regarding patient matching rates shall  
not be publicly disclosed4  7#c7        
,voluntary reporting program ,the       
,national ,coordinator1 along with the  
,centers for ,medicare and ,medicaid    
,services and other ,federal agencies   
determined appropriate by the           
,secretary1 shall develop a voluntary   
reporting program for eligible providers
 to anonymously submit patient matching 
accuracy data to the ,department of     
,health and ,human ,services4  7#d7     
,annual review of patient match rate    
7,a7 ,in general ,utilizing the patient 
matching accuracy data described in     
paragraph 7#b7 and any additional data  
sources available1 the ,administrator of
 the ,centers of ,medicare and ,medicaid

 ,services shall review and evaluate the
 patient match attestation rates        
annually to determine if such rate      
should be adjusted4  7,b7 ,adjustment   
,the ,administrator may adjust the      
patient match rate described in         
paragraph 7#a7 if the ,administrator    
determines that the patient match       
attestation rate should be adjusted to  
further incentivize the voluntary       
reporting of accurate patient match     
rates4