42 U.S. Code § 1395aaa - Contract with a consensus-based entity regarding performance measurement
For purposes of activities conducted under this chapter, the Secretary shall identify and have in effect a contract with a consensus-based entity, such as the National Quality Forum, that meets the requirements described in subsection (c). Such contract shall provide that the entity will perform the duties described in subsection (b).
As soon as practicable after July 15, 2008, the Secretary shall enter into the first contract under paragraph (1).
A contract under paragraph (1) shall be for a period of 4 years (except as may be renewed after a subsequent bidding process).
Competitive procedures (as defined in section 132 of title 41) shall be used to enter into a contract under paragraph (1).
The entity shall establish and implement a process to ensure that measures endorsed under paragraph (2) are updated (or retired if obsolete) as new evidence is developed.
Data sets (such as the outcome and assessment information set for home health services and the minimum data set for skilled nursing facility services) that are used for purposes of classification systems used in establishing payment rates under this subchapter shall not be quality and efficiency measures described in this subparagraph.
In convening multi-stakeholder groups under subparagraph (A) with respect to the selection of quality and efficiency measures, the entity shall provide for an open and transparent process for the activities conducted pursuant to such convening.
The process described in clause (i) shall ensure that the selection of representatives comprising such groups provides for public nominations for, and the opportunity for public comment on, such selection.
The entity is a private nonprofit entity governed by a board.
The entity operates as a voluntary consensus standards setting organization as defined for purposes of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (Public Law 104–113) and Office of Management and Budget Revised Circular A–119 (published in the Federal Register on February 10, 1998).
The entity has at least 4 years of experience in establishing national consensus standards.
If the entity requires a membership fee for participation in the functions of the entity, such fees shall be reasonable and adjusted based on the capacity of the potential member to pay the fee. In no case shall membership fees pose a barrier to the participation of individuals or groups with low or nominal resources to participate in the functions of the entity.
 See References in Text note below.
For applicability of subsec. (b)(5)(A) of this section as amended by section 50206(c)(1) of Pub. L. 115–123, see Effective Date of 2018 Amendment note below.
Section 12(d) of the National Technology Transfer and Advancement Act of 1995, referred to in subsec. (c)(5), is section 12(d) of Pub. L. 104–113, which is set out as a note under section 272 of Title 15, Commerce and Trade.
In subsec. (a)(4), “section 132 of title 41” substituted for “section 4(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(5))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
A prior section 1395aaa, act Aug. 14, 1935, ch. 531, title XVIII, § 1890, as added Aug. 18, 1987, Pub. L. 100–93, § 10, 101 Stat. 696, which related to limitation of liability of beneficiaries with respect to services furnished by excluded individuals and entities, was amended and transferred to section 1862(e)(2) of act Aug. 14, 1935, by Pub. L. 100–360, title IV, § 411(i)(4)(D)(ii), July 1, 1988, 102 Stat. 790, as amended by Pub. L. 100–485, title VI, § 608(d)(24)(C)(ii), Oct. 13, 1988, 102 Stat. 2421, and is classified to section 1395y(e)(2) of this title.
2018—Subsec. (b)(5)(A). Pub. L. 115–123, § 50206(c)(1), substituted “containing the following:” for “containing a description of—” in introductory provisions, inserted “(i) A description of—”, redesignated former cls. (i) to (vi) as subcls. (I) to (VI), respectively, of cl. (i), and added cls. (ii) and (iii).
Subsec. (d)(2). Pub. L. 115–123, § 50206(a), substituted “2014,” for “2014 and” and inserted “, and $7,500,000 for each of fiscal years 2018 and 2019” after “through 2017” and “Amounts transferred for each of fiscal years 2018 and 2019 shall be in addition to any unobligated funds transferred for a preceding fiscal year that are available under the preceding sentence.” after “until expended.”
Subsec. (e). Pub. L. 115–123, § 50206(b), added subsec. (e).
2015—Subsec. (d)(2). Pub. L. 114–10 substituted “and $30,000,000 for each of fiscal years 2015 through 2017” for “and $15,000,000 for the first 6 months of fiscal year 2015”.
2014—Subsec. (d). Pub. L. 113–93 designated existing provisions as par. (1) and added par. (2).
2013—Subsec. (b)(4). Pub. L. 112–240, § 609(a)(2), struck out par. (4). Text read as follows: “The entity shall promote the development and use of electronic health records that contain the functionality for automated collection, aggregation, and transmission of performance measurement information.”
Subsec. (d). Pub. L. 113–67 inserted at end “Amounts transferred under the preceding sentence shall remain available until expended.”
Pub. L. 112–240, § 609(a)(1), substituted “fiscal years 2009 through 2013” for “fiscal years 2009 through 2012”.
2010—Subsec. (b)(5)(A)(iv) to (vi). Pub. L. 111–148, § 3014(a)(2), added cls. (iv) to (vi).
Subsec. (b)(6). Pub. L. 111–148, § 3003(b), added par. (6).
Subsec. (b)(7). Pub. L. 111–148, § 10304, substituted “quality and efficiency” for “quality” wherever appearing in text.
Pub. L. 111–148, § 3014(a)(1), added par. (7).
Subsec. (b)(7)(B). Pub. L. 111–148, § 10304, which directed substitution of “quality and efficiency” for “quality” wherever appearing, was executed by substituting “Quality and efficiency” for “Quality” in subpar. heading to reflect the probable intent of Congress.
Subsec. (b)(7)(B)(i)(I). Pub. L. 111–148, § 10322(b), inserted “1395ww(s)(4)(D),” after “1395ww(o)(2),”.
Subsec. (b)(8). Pub. L. 111–148, § 3014(a)(1), added par. (8).
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