Contract with a consensus-based entity regarding performance measurement
Contract
In general
Timing for first contract
Period of contract
Competitive procedures
Duties
The duties described in this subsection are the following:
Priority setting process
The entity shall synthesize evidence and convene key stakeholders to make recommendations, with respect to activities conducted under this chapter, on an integrated national strategy and priorities for health care performance measurement in all applicable settings. In making such recommendations, the entity shall—
ensure that priority is given to measures—
that address the health care provided to patients with prevalent, high-cost chronic diseases;
with the greatest potential for improving the quality, efficiency, and patient-centeredness of health care; and
that may be implemented rapidly due to existing evidence, standards of care, or other reasons; and
take into account measures that—
may assist consumers and patients in making informed health care decisions;
address health disparities across groups and areas; and
address the continuum of care a patient receives, including services furnished by multiple health care providers or practitioners and across multiple settings.
Endorsement of measures
The entity shall provide for the endorsement of standardized health care performance measures. The endorsement process under the preceding sentence shall consider whether a measure—
is evidence-based, reliable, valid, verifiable, relevant to enhanced health outcomes, actionable at the caregiver level, feasible to collect and report, and responsive to variations in patient characteristics, such as health status, language capabilities, race or ethnicity, and income level; and
is consistent across types of health care providers, including hospitals and physicians.
Maintenance of measures
Repealed. Pub. L. 112–240, title VI, § 609(a)(2), Jan. 2, 2013, 126 Stat. 2349
Annual report to Congress and the Secretary; secretarial publication and comment
1 Annual report
By not later than March 1 of each year (beginning with 2009), the entity shall submit to Congress and the Secretary a report containing the following:
A description of—
the implementation of quality measurement initiatives under this chapter and the coordination of such initiatives with quality initiatives implemented by other payers;
the recommendations made under paragraph (1);
the performance by the entity of the duties required under the contract entered into with the Secretary under subsection (a);
gaps in endorsed quality measures, which shall include measures that are within priority areas identified by the Secretary under the national strategy established under section 280j of this title, and where quality measures are unavailable or inadequate to identify or address such gaps;
areas in which evidence is insufficient to support endorsement of quality measures in priority areas identified by the Secretary under the national strategy established under section 280j of this title and where targeted research may address such gaps; and
the matters described in clauses (i) and (ii) of paragraph (7)(A).
An itemization of financial information for the fiscal year ending September 30 of the preceding year, including—
annual revenues of the entity (including any government funding, private sector contributions, grants, membership revenues, and investment revenue);
annual expenses of the entity (including grants paid, benefits paid, salaries or other compensation, fundraising expenses, and overhead costs); and
a breakdown of the amount awarded per contracted task order and the specific projects funded in each task order assigned to the entity.
Any updates or modifications of internal policies and procedures of the entity as they relate to the duties of the entity under this section, including—
specifically identifying any modifications to the disclosure of interests and conflicts of interests for committees, work groups, task forces, and advisory panels of the entity; and
information on external stakeholder participation in the duties of the entity under this section (including complete rosters for all committees, work groups, task forces, and advisory panels funded through government contracts, descriptions of relevant interests and any conflicts of interest for members of all committees, work groups, task forces, and advisory panels, and the total percentage by health care sector of all convened committees, work groups, task forces, and advisory panels.2
Secretarial review and publication of annual report
Not later than 6 months after receiving a report under subparagraph (A) for a year, the Secretary shall—
review such report; and
publish such report in the Federal Register, together with any comments of the Secretary on such report.
Review and endorsement of episode grouper under the physician feedback program
Convening multi-stakeholder groups
In general
The entity shall convene multi-stakeholder groups to provide input on—
the selection of quality and efficiency measures described in subparagraph (B), from among—
such measures that have been endorsed by the entity; and
such measures that have not been considered for endorsement by such entity but are used or proposed to be used by the Secretary for the collection or reporting of quality and efficiency measures; and
national priorities (as identified under section 280j of this title) for improvement in population health and in the delivery of health care services for consideration under the national strategy established under section 280j of this title.
Quality and efficiency measures
In general
Subject to clause (ii), the quality and efficiency measures described in this subparagraph are quality and efficiency measures—
for use pursuant to sections 1395f(i)(5)(D), 1395l(i)(7), 1395l(t)(17), 1395w–4(k)(2)(C), 1395cc(k)(3), 1395rr(h)(2)(A)(iii),3
for use in reporting performance information to the public; and
for use in health care programs other than for use under this chapter.
Exclusion
Requirement for transparency in process
In general
Selection of organizations participating in multi-stakeholder groups
Multi-stakeholder group defined
Transmission of multi-stakeholder input
Requirements described
The requirements described in this subsection are the following:
Private nonprofit
Board membership
The members of the board of the entity include—
representatives of health plans and health care providers and practitioners or representatives of groups representing such health plans and health care providers and practitioners;
health care consumers or representatives of groups representing health care consumers; and
representatives of purchasers and employers or representatives of groups representing purchasers or employers.
Entity membership
The membership of the entity includes persons who have experience with—
urban health care issues;
safety net health care issues;
rural and frontier health care issues; and
health care quality and safety issues.
Open and transparent
Voluntary consensus standards setting organization
Experience
Membership fees
Funding
For purposes of carrying out this section, the Secretary shall provide for the transfer, from the Federal Hospital Insurance Trust Fund under section 1395i of this title and the Federal Supplementary Medical Insurance Trust Fund under section 1395t of this title (in such proportion as the Secretary determines appropriate), of $10,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each of fiscal years 2009 through 2013. Amounts transferred under the preceding sentence shall remain available until expended.
For purposes of carrying out this section and section 1395aaa–1 of this title (other than subsections (e) and (f)), the Secretary shall provide for the transfer, from the Federal Hospital Insurance Trust Fund under section 1395i of this title and the Federal Supplementary Medical Insurance Trust Fund under section 1395t of this title, in such proportion as the Secretary determines appropriate, to the Centers for Medicare & Medicaid Services Program Management Account of $5,000,000 for fiscal year 2014, $30,000,000 for each of fiscal years 2015 through 2017, $7,500,000 for each of fiscal years 2018 and 2019, $20,000,000 for fiscal year 2020, and for the period beginning on
Annual report by Secretary to Congress
By not later than March 1 of each year (beginning with 2019), the Secretary shall submit to Congress a report containing the following:
A comprehensive plan that identifies the quality measurement needs of programs and initiatives of the Secretary and provides a strategy for using the entity with a contract under subsection (a) and any other entity the Secretary has contracted with or may contract with to perform work associated with section 1395aaa–1 of this title to help meet those needs, specifically with respect to the programs under this subchapter and subchapter XIX. In years after the first plan under this paragraph is submitted, the requirements of this paragraph may be met by providing an update to the plan.
The amount of funding provided under subsection (d) for purposes of carrying out this section and section 1395aaa–1 of this title that has been obligated by the Secretary, the amount of funding provided that has been expended, and the amount of funding provided that remains unobligated.
With respect to the activities described under this section or section 1395aaa–1 of this title, a description of how the funds described in paragraph (2) have been obligated or expended, including how much of that funding has been obligated or expended for work performed by the Secretary, the entity with a contract under subsection (a), and any other entity the Secretary has contracted with to perform work.
A description of the activities for which the funds described in paragraph (2) were used, including task orders and activities assigned to the entity with a contract under subsection (a), activities performed by the Secretary, and task orders and activities assigned to any other entity the Secretary has contracted with to perform work related to carrying out section 1395aaa–1 of this title.
The amount of funding described in paragraph (2) that has been obligated or expended for each of the activities described in paragraph (4).
Estimates for, and descriptions of, obligations and expenditures that the Secretary anticipates will be needed in the succeeding two year period to carry out each of the quality measurement activities required under this section and section 1395aaa–1 of this title, including any obligations that will require funds to be expended in a future year.