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 duties described in this subsection are the following: 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— take into account measures that— 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— 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. The entity may provide input to the Secretary on quality and efficiency measures described in paragraph (7)(B) that could be considered for removal. 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— An itemization of financial information for the fiscal year ending September 30 of the preceding year, including— 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— Not later than 6 months after receiving a report under subparagraph (A) for a year, the Secretary shall— The entity shall provide for the review and, as appropriate, the endorsement of the episode grouper developed by the Secretary under section 1395w–4(n)(9)(A) of this title. Such review shall be conducted on an expedited basis. The entity shall convene multi-stakeholder groups to provide input on— the selection of quality and efficiency measures described in subparagraph (B), from among— Subject to clause (ii), the quality and efficiency measures described in this subparagraph are quality and efficiency measures— 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. In this paragraph, the term “multi-stakeholder group” means, with respect to a quality and efficiency measure, a voluntary collaborative of organizations representing a broad group of stakeholders interested in or affected by the use of such quality and efficiency measure. Not later than February 1 of each year (beginning with 2012), the entity shall transmit to the Secretary the input of multi-stakeholder groups provided under paragraph (7). The Secretary— The requirements described in this subsection are the following: The entity is a private nonprofit entity governed by a board. The members of the board of the entity include— The membership of the entity includes persons who have experience with— With respect to matters related to the contract with the Secretary under subsection (a), the entity conducts its business in an open and transparent manner and provides the opportunity for public comment on its activities. 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. By not later than March 1 of each year (beginning with 2019), the Secretary shall submit to Congress a report containing the following: Each of the annual reports submitted in 2021 and 2022 pursuant to paragraph (1) shall also include the following: A detailed description of— In the case of an annual report submitted in 2021 or a subsequent year pursuant to paragraph (1), the information required under— The activities described in this clause are the following: By not later than September 30 of each year (beginning with 2021), the Secretary shall submit to Congress a report on the amount of unobligated balances for appropriations relating to quality measurement. Such report shall include detailed plans on how the Secretary expects to expend such unobligated balances in the upcoming fiscal years. The annual report required under paragraph (1) shall be separate from the annual report required under subsection (e).