General Assembly Raised Bill No. 6357
January Session, 2011 LCO No. 2964
*02964_______HS_*
Referred to Committee on Human Services
Introduced by:
(HS)
General Assembly
Raised Bill No. 6357
January Session, 2011
LCO No. 2964
*02964_______HS_*
Referred to Committee on Human Services
Introduced by:
(HS)
AN ACT CONCERNING ADMINISTRATIVE HEARINGS UNDER THE MEDICAID ELECTRONIC HEALTH RECORD INCENTIVE PROGRAM.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 17b-34 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The Commissioner of Social Services, in consultation with the Commissioner of Public Health, shall take such action as necessary to meet the qualification criteria established pursuant to Section 4201 of the American Recovery and Reinvestment Act of 2009, P.L. 111-5 to obtain (1) matching funds for the Department of Social Services' administrative planning activities related to health information technology; and (2) incentive payments for hospitals and eligible professionals who are meaningful electronic health record users as described in said act. The Commissioner of Social Services shall disburse any federal incentive funds for hospitals and eligible professionals that the commissioner receives pursuant to this section to each hospital and eligible professional.
(b) The Commissioner of Social Services shall, in accordance with Section 4201 of the American Recovery and Reinvestment Act of 2009, P.L. 111-5, develop and implement a Medicaid health information technology plan and shall establish a Medicaid electronic health record incentive program to provide incentives for hospitals and other health care providers which adopt and meaningfully use electronic health records to improve patient health and the quality and efficiency of health care service delivery.
(c) A hospital or other health care provider may contest an adverse decision made by the Commissioner of Social Services under the Medicaid electronic health record incentive program by requesting an initial review of the decision by the Department of Social Services. After an initial review by the department, in accordance with 42 CFR 495.370, the provider may request an administrative hearing in accordance with the provisions of chapter 54 to contest a decision made by the commissioner under the program concerning the provider's: (1) Eligibility; (2) incentive payment amounts; (3) demonstration of adopting, implementing or upgrading an electronic health record; or (4) fulfillment of meaningful use criteria.
(d) The Department of Social Services may implement policies and procedures necessary to carry out the purposes of this section, while in the process of adopting such policies and procedures in regulation form, provided the Commissioner of Social Services publishes notice of intention to adopt the regulations in the Connecticut Law Journal not later than twenty days after the date of implementing such policies and procedures. Policies and procedures implemented pursuant to this subsection shall be valid until the time such regulations are adopted.
This act shall take effect as follows and shall amend the following sections:
Section 1 from passage 17b-34
This act shall take effect as follows and shall amend the following sections:
Section 1
from passage
17b-34
Statement of Purpose:
To give eligible health care providers the right to request an administrative hearing under chapter 54 of the general statutes to contest an adverse decision made by the Commissioner of Social Services under the Medicaid electronic health record incentive program.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]