H.R. 4157 – Health Information Technology Promotion Act of 2006

COMMITTEE ACTION:  REPORTED BY A VOTE OF 9 to 4 on Wednesday July 26, 2006. 
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 224-188 AFTER AGREEING TO THE PREVIOUS QUESTION BY THE YEAS AND NAYS 223-193 on Thursday July 27, 2006.

MANAGERS: DIAZ-BALART, LINCOLN/MATSUI

109th Congress
2nd Session

H.RES. 952

[Report No. 109-603]

 

 

H.R. 4157 - Health Information Technology Promotion Act of 2006

1. Structured rule

2. Provides one hour of general debate, with 35 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Energy and Commerce, and 25 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Ways and Means.

3. Waives all points of order against consideration of the bill.

4. Provides that in lieu of the amendments recommended by the Committees on Energy and Commerce and Ways and Means now printed in the bill, the amendment in the nature of a substitute printed in part A of the Rules Committee report accompanying the resolution, modified by the amendment printed in part B of the report, shall be considered as adopted in the House and in the Committee of the Whole.

5. Provides that the bill, as amended, shall be considered as the original bill for the purpose of further amendment and shall be considered as read.

6. Waives all points of order against provisions in the bill as amended.

7. Makes in order only those further amendments printed in part C of the Rules Committee report.

8. Provides that the amendments printed in part C of the report may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.

9. Waives all points of order against the amendments in the Rules Committee report.

10. Provides one motion to recommit with or without instructions.

11. Provides that after passage of H.R. 4157, it shall be in order to consider in the House S. 1418.

12. Waives all points of order against the Senate bill and against its consideration.

13. Provides that it shall be in order to move to strike all after the enacting clause of the Senate bill and to insert in lieu thereof the provisions of H.R. 4157 as passed by the House.

14. Waives all points of order against that motion.

15. Provides that if the motion is adopted and the Senate bill, as amended, is passed, then it shall be in order to move that the House insist on its amendments to S. 1418 and request a conference with the Senate thereon.

16. Provides that H. Res. 924 is laid on the table.

 

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RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 4157) to amend the Social Security Act to encourage the dissemination, security, confidentiality, and usefulness of health information technology. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour, with 35 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Energy and Commerce and 25 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Ways and Means. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendments recommended by the Committees on Energy and Commerce and Ways and Means now printed in the bill, the amendment in the nature of a substitute printed in part A of the report of the Committee on Rules accompanying this resolution, modified by the amendment printed in part B of such report, shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule and shall be considered as read. All points of order against provisions in the bill, as amended, are waived. Notwithstanding clause 11 of rule XVIII, no amendment to the bill, as amended, shall be in order except those printed in part C of the report of the Committee on Rules. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 2. After passage of H.R. 4157, it shall be in order to consider in the House S. 1418. All points of order against the Senate bill and against its consideration are waived. It shall be in order to move to strike all after the enacting clause of the Senate bill and to insert in lieu thereof the provisions of H.R. 4157 as passed by the House. All points of order against that motion are waived. If the motion is adopted and the Senate bill, as amended, is passed, then it shall be in order to move that the House insist on its amendments to S. 1418 and request a conference with the Senate thereon.

Sec. 3. House Resolution 924 is laid upon the table.

               
PART A - SUMMARY OF AMENDMENT IN THE NATURE OF A SUBSTITUTE PROPOSED TO BE CONSIDERED AS ADOPTED

Codifies and expands the authorities and duties of the National Coordinator for Health Information Technology including responsibilities for endorsing interoperability guidelines, conducting a National survey on the information exchange capabilities, and reviewing Federal information systems and security practices.  Furthermore, Federal health information collection systems must be consistent with guidelines within three years of endorsement. The bill provides grants to help integrated health systems coordinate the delivery of care for uninsured, underinsured and medically underserved populations and to demonstrate issues in the adoption of health IT in the small physician setting. The bill further modernizes billing code sets. The bill would also create safe harbors for providing certain health IT or related services under Anti-kickback and physician self-referral law to improve coordination of care.  The bill provides for a number of studies and reports regarding privacy and security, telehealth, health information exchanges, the American Health Information Community.  Finally, the bill contains provisions for pricing transparency for inpatient hospital services.

Text of Part A

PART B - SUMMARY OF THE AMENDMENT TO THE AMENDMENT IN THE NATURE OF A SUBSTITUTE PROPOSED TO BE CONSIDERED AS ADOPTED

Strikes sections 404 (Methodology for reporting uniform price data for inpatient and outpatient hospital services) and 405 (Inclusion of uniform price data).  Eliminates a provision in the underlying bill that would have expanded the types of entities that could provide health IT without violating Medicare anti-kick back laws, beginning in 2011.

Text of Part B

PART C - SUMMARY OF AMENDMENTS TO BE MADE IN ORDER

 (summaries derived from information provided by sponsors)

1. Hinojosa (TX) #9:
(REVISED) Improves the availability of information and resources for individuals with low literacy. (10 minutes)

2. Towns (NY) #13:
Creates a study that provides benchmarks for best practices and cost effectiveness for the use of Health Information Technology in medically underserved areas.  (10 minutes)

3. Jackson (IL) #21:
Ensures that emergency contact information or next of kin information is included in any process to modernize medical records. (10 minutes)

4. Cuellar (TX) #12:
Focuses a priority of the integrated health system grant program on the improved coordination of care for the uninsured, underinsured, and medically underserved residing in geographically isolated areas or underserved urban areas. (10 minutes)

5. Price, Tom (GA) #5:
(REVISED) Requires the Secretary of Health and Human Services to submit a report to Congress, which evaluates: the applicability of health care classification methodologies and codes for purposes beyond the coding services for diagnostic documentation or billing purposes; the usefulness, accuracy, and completeness of such methodologies and codes for such purposes; and the capacity of such methodologies and codes to produce erroneous or misleading information, with respect to such purposes. (10 minutes)

6. McMorris (WA)/Smith, Adam (WA) #2:
Directs the Secretary of Health and Human Services to establish a two year project to demonstrate the impact of health information technology on disease management for chronic disease sufferers within the Medicaid population. There is no authorization of funding and it requests a report at the conclusion of the demonstration. (10 minutes)

TEXT OF PART C

1. Hinojosa (TX) #9:

   

2. Towns (NY) #13:

   

3. Jackson (IL) #21:

   

4. Cuellar (TX) #12:

   

5. Price, Tom (GA) #5:

   

6. McMorris (WA)/Smith, Adam (WA) #2: