Flex-IT 2 Act

Further Flexibility in HIT Reporting and Advancing Interoperability Act or the Flex-IT 2 Act

This bill amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to modify Medicare and Medicaid program requirements related to electronic health record (EHR) meaningful use programs, which establish incentives to promote EHR meaningful use and the adoption of health information technology (HIT).

Specifically, the bill requires the Centers for Medicare & Medicaid to establish and apply a linear scale to determine meaningful or "partial meaningful" EHR use. In accordance with this linear scale, eligible professionals and hospitals that are partial meaningful EHR users shall: (1) receive certain incentive payments currently available only to meaningful EHR users, and (2) be partially exempt from certain negative payment adjustments.

In addition, the bill: (1) establishes three-month reporting periods for the Medicare and Medicaid EHR incentive payment programs; (2) modifies provisions regarding quality reporting on meaningful EHR use; (3) expands the hardship exception to Medicare EHR payment adjustments; and (4) limits, with respect to timing and frequency, the adoption of more stringent measures of EHR meaningful use under Medicaid and Medicare.

The bill also amends the Public Health Service Act to: (1) require the Department of Health and Human Services (HHS) to pause rulemaking related to EHR meaningful use, unless and until specified conditions are met; and (2) prohibit HHS from proposing the adoption of certain untested standards regarding HIT.