42 CFR §495.304

1. (a)General rule. The following Medicaid providers are eligible to participate in the HIT incentives program:
   1. (1)Medicaid EPs.
   2. (2)Acute care hospitals.
   3. (3)Children's hospitals.
2. (b)Medicaid EP. The Medicaid professional eligible for an EHR incentive payment is limited to the following when consistent with the scope of practice regulations, as applicable for each professional (§§ 440.50, 440.60, 440.100; §§ 440.165, and 440.166):
   1. (1)A physician.
   2. (2)A dentist.
   3. (3)A certified nurse-midwife.
   4. (4)A nurse practitioner.
   5. (5)A physician assistant practicing in a Federally qualified health center (FQHC) led by a physician assistant or a rural health clinic (RHC), that is so led by a physician assistant.
3. (c)Additional requirements for the Medicaid EP. To qualify for an EHR incentive payment, a Medicaid EP must, for each year for which the EP seeks an EHR incentive payment, not be hospital-based as defined at § 495.4 of this subpart, and meet one of the following criteria:
   1. (1)Have a minimum 30 percent patient volume attributable to individuals enrolled in a Medicaid program.
   2. (2)Have a minimum 20 percent patient volume attributable to individuals enrolled in a Medicaid program, and be a pediatrician.
   3. (3)Practice predominantly in a FQHC or RHC and have a minimum 30 percent patient volume attributable to needy individuals, as defined at § 495.302.
4. (d)Exception. The hospital-based exclusion in paragraph (c) of this section does not apply to the Medicaid-EP qualifying based on practicing predominantly at a FQHC or RHC.
5. (e)Additional requirement for the eligible hospital. To be eligible for an EHR incentive payment for each year for which the eligible hospital seeks an EHR incentive payment, the eligible hospital must meet the following criteria:
   1. (1)An acute care hospital must have at least a 10 percent Medicaid patient volume for each year for which the hospital seeks an EHR incentive payment.
   2. (2)A children's hospital is exempt from meeting a patient volume threshold.
6. (f)Further patient volume requirements for the Medicaid EP. For payment year 2013 and all subsequent payment years, at least one clinical location used in the calculation of patient volume must have Certified EHR Technology—
   1. (1)During the payment year for which the EP attests to having adopted, implemented or upgraded Certified EHR Technology (for the first payment year); or
   2. (2)During the payment year for which the EP attests it is a meaningful EHR user.