42 CFR §495.314

1. (a)First payment year.
   1. (1)In the first payment year, to receive an incentive payment, the Medicaid EP or eligible hospital must meet one of the following:
      1. (i)Demonstrate that during the payment year, it has adopted, implemented, or upgraded certified EHR technology, as defined in § 495.302.
      2. (ii)Demonstrate that during the EHR reporting period for a payment year, it is a meaningful EHR user as defined in § 495.4.
   2. (2)A provider may notify the State of its non-binding intention to participate in the incentives program prior to having fulfilled all of the eligibility criteria.
2. (b)Subsequent payment years.
   1. (1)In the second, third, fourth, fifth, and sixth payment years, to receive an incentive payment, the Medicaid EP or eligible hospital must demonstrate that during the EHR reporting period for the applicable payment year, it is a meaningful EHR user, as defined in § 495.4.
   2. (2)The automated reporting of the clinical quality measures will be accomplished using certified EHR technology interoperable with the system designated by the State to receive the data.