[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 810 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 810

To amend title XVIII of the Social Security Act to repeal the Medicare 
 sustainable growth rate and improve Medicare payments for physicians 
            and other professionals, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 19, 2015

   Mr. Hatch introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend title XVIII of the Social Security Act to repeal the Medicare 
 sustainable growth rate and improve Medicare payments for physicians 
            and other professionals, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``SGR Repeal and 
Medicare Provider Payment Modernization Act of 2015''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Repealing the sustainable growth rate (SGR) and improving 
                            Medicare payment for physicians' services.
Sec. 3. Priorities and funding for measure development.
Sec. 4. Encouraging care management for individuals with chronic care 
                            needs.
Sec. 5. Empowering beneficiary choices through continued access to 
                            information on physicians' services.
Sec. 6. Expanding availability of Medicare data.
Sec. 7. Reducing administrative burden and other provisions.

SEC. 2. REPEALING THE SUSTAINABLE GROWTH RATE (SGR) AND IMPROVING 
              MEDICARE PAYMENT FOR PHYSICIANS' SERVICES.

    (a) Stabilizing Fee Updates.--
            (1) Repeal of sgr payment methodology.--Section 1848 of the 
        Social Security Act (42 U.S.C. 1395w-4) is amended--
                    (A) in subsection (d)--
                            (i) in paragraph (1)(A)--
                                    (I) by inserting ``and ending with 
                                2025'' after ``beginning with 2001''; 
                                and
                                    (II) by inserting ``or a subsequent 
                                paragraph'' after ``paragraph (4)''; 
                                and
                            (ii) in paragraph (4)--
                                    (I) in the heading, by inserting 
                                ``and ending with 2014'' after ``years 
                                beginning with 2001''; and
                                    (II) in subparagraph (A), by 
                                inserting ``and ending with 2014'' 
                                after ``a year beginning with 2001''; 
                                and
                    (B) in subsection (f)--
                            (i) in paragraph (1)(B), by inserting 
                        ``through 2014'' after ``of each succeeding 
                        year''; and
                            (ii) in paragraph (2), in the matter 
                        preceding subparagraph (A), by inserting ``and 
                        ending with 2014'' after ``beginning with 
                        2000''.
            (2) Update of rates for 2015 and subsequent years.--
        Subsection (d) of section 1848 of the Social Security Act (42 
        U.S.C. 1395w-4) is amended--
                    (A) in paragraph (1)(A), by adding at the end the 
                following: ``There shall be two separate conversion 
                factors for each year beginning with 2026, one for 
                items and services furnished by a qualifying APM 
                participant (as defined in section 1833(z)(2)) 
                (referred to in this subsection as the `qualifying APM 
                conversion factor') and the other for other items and 
                services (referred to in this subsection as the 
                `nonqualifying APM conversion factor'), equal to the 
                respective conversion factor for the previous year (or, 
                in the case of 2026, equal to the single conversion 
                factor for 2025) multiplied by the update established 
                under paragraph (20) for such respective conversion 
                factor for such year.'';
                    (B) in paragraph (1)(D), by inserting ``(or, 
                beginning with 2026, applicable conversion factor)'' 
                after ``single conversion factor''; and
                    (C) by striking paragraph (16) and inserting the 
                following new paragraphs:
            ``(16) Update for january through june of 2015.--Subject to 
        paragraphs (7)(B), (8)(B), (9)(B), (10)(B), (11)(B), (12)(B), 
        (13)(B), (14)(B), and (15)(B), in lieu of the update to the 
        single conversion factor established in paragraph (1)(C) that 
        would otherwise apply for 2015 for the period beginning on 
        January 1, 2015, and ending on June 30, 2015, the update to the 
        single conversion factor shall be 0.0 percent.
            ``(17) Update for july through december of 2015.--The 
        update to the single conversion factor established in paragraph 
        (1)(C) for the period beginning on July 1, 2015, and ending on 
        December 31, 2015, shall be 0.5 percent.
            ``(18) Update for 2016 through 2019.--The update to the 
        single conversion factor established in paragraph (1)(C) for 
        2016 and each subsequent year through 2019 shall be 0.5 
        percent.
            ``(19) Update for 2020 through 2025.--The update to the 
        single conversion factor established in paragraph (1)(C) for 
        2020 and each subsequent year through 2025 shall be zero 
        percent.
            ``(20) Update for 2026 and subsequent years.--For 2026 and 
        each subsequent year, the update to the qualifying APM 
        conversion factor established under paragraph (1)(A) is 1.0 
        percent, and the update to the nonqualifying APM conversion 
        factor established under such paragraph is 0.5 percent.''.
            (3) MedPAC reports.--
                    (A) Initial report.--Not later than July 1, 2017, 
                the Medicare Payment Advisory Commission shall submit 
                to Congress a report on the relationship between--
                            (i) physician and other health professional 
                        utilization and expenditures (and the rate of 
                        increase of such utilization and expenditures) 
                        of items and services for which payment is made 
                        under section 1848 of the Social Security Act 
                        (42 U.S.C. 1395w-4); and
                            (ii) total utilization and expenditures 
                        (and the rate of increase of such utilization 
                        and expenditures) under parts A, B, and D of 
                        title XVIII of such Act.
                Such report shall include a methodology to describe 
                such relationship and the impact of changes in such 
                physician and other health professional practice and 
                service ordering patterns on total utilization and 
                expenditures under parts A, B, and D of such title.
                    (B) Final report.--Not later than July 1, 2021, the 
                Medicare Payment Advisory Commission shall submit to 
                Congress a report on the relationship described in 
                subparagraph (A), including the results determined from 
                applying the methodology included in the report 
                submitted under such subparagraph.
                    (C) Report on update to physicians' services under 
                medicare.--Not later than July 1, 2019, the Medicare 
                Payment Advisory Commission shall submit to Congress a 
                report on--
                            (i) the payment update for professional 
                        services applied under the Medicare program 
                        under title XVIII of the Social Security Act 
                        for the period of years 2015 through 2019;
                            (ii) the effect of such update on the 
                        efficiency, economy, and quality of care 
                        provided under such program;
                            (iii) the effect of such update on ensuring 
                        a sufficient number of providers to maintain 
                        access to care by Medicare beneficiaries; and
                            (iv) recommendations for any future payment 
                        updates for professional services under such 
                        program to ensure adequate access to care is 
                        maintained for Medicare beneficiaries.
    (b) Consolidation of Certain Current Law Performance Programs With 
New Merit-Based Incentive Payment System.--
            (1) EHR meaningful use incentive program.--
                    (A) Sunsetting separate meaningful use payment 
                adjustments.--Section 1848(a)(7)(A) of the Social 
                Security Act (42 U.S.C. 1395w-4(a)(7)(A)) is amended--
                            (i) in clause (i), by striking ``2015 or 
                        any subsequent payment year'' and inserting 
                        ``each of 2015 through 2018'';
                            (ii) in clause (ii)(III), by striking 
                        ``each subsequent year'' and inserting 
                        ``2018''; and
                            (iii) in clause (iii)--
                                    (I) in the heading, by striking 
                                ``and subsequent years'';
                                    (II) by striking ``and each 
                                subsequent year''; and
                                    (III) by striking ``, but in no 
                                case shall the applicable percent be 
                                less than 95 percent''.
                    (B) Continuation of meaningful use determinations 
                for mips.--Section 1848(o)(2) of the Social Security 
                Act (42 U.S.C. 1395w-4(o)(2)) is amended--
                            (i) in subparagraph (A), in the matter 
                        preceding clause (i)--
                                    (I) by striking ``For purposes of 
                                paragraph (1), an'' and inserting 
                                ``An''; and
                                    (II) by inserting ``, or pursuant 
                                to subparagraph (D) for purposes of 
                                subsection (q), for a performance 
                                period under such subsection for a 
                                year'' after ``under such subsection 
                                for a year''; and
                            (ii) by adding at the end the following new 
                        subparagraph:
                    ``(D) Continued application for purposes of mips.--
                With respect to 2019 and each subsequent payment year, 
                the Secretary shall, for purposes of subsection (q) and 
                in accordance with paragraph (1)(F) of such subsection, 
                determine whether an eligible professional who is a 
                MIPS eligible professional (as defined in subsection 
                (q)(1)(C)) for such year is a meaningful EHR user under 
                this paragraph for the performance period under 
                subsection (q) for such year.''.
            (2) Quality reporting.--
                    (A) Sunsetting separate quality reporting 
                incentives.--Section 1848(a)(8)(A) of the Social 
                Security Act (42 U.S.C. 1395w-4(a)(8)(A)) is amended--
                            (i) in clause (i), by striking ``2015 or 
                        any subsequent year'' and inserting ``each of 
                        2015 through 2018''; and
                            (ii) in clause (ii)(II), by striking ``and 
                        each subsequent year'' and inserting ``, 2017, 
                        and 2018''.
                    (B) Continuation of quality measures and processes 
                for mips.--Section 1848 of the Social Security Act (42 
                U.S.C. 1395w-4) is amended--
                            (i) in subsection (k), by adding at the end 
                        the following new paragraph:
            ``(9) Continued application for purposes of mips and for 
        certain professionals volunteering to report.--The Secretary 
        shall, in accordance with subsection (q)(1)(F), carry out the 
        provisions of this subsection--
                    ``(A) for purposes of subsection (q); and
                    ``(B) for eligible professionals who are not MIPS 
                eligible professionals (as defined in subsection 
                (q)(1)(C)) for the year involved.''; and
                            (ii) in subsection (m)--
                                    (I) by redesignating paragraph (7) 
                                added by section 10327(a) of Public Law 
                                111-148 as paragraph (8); and
                                    (II) by adding at the end the 
                                following new paragraph:
            ``(9) Continued application for purposes of mips and for 
        certain professionals volunteering to report.--The Secretary 
        shall, in accordance with subsection (q)(1)(F), carry out the 
        processes under this subsection--
                    ``(A) for purposes of subsection (q); and
                    ``(B) for eligible professionals who are not MIPS 
                eligible professionals (as defined in subsection 
                (q)(1)(C)) for the year involved.''.
            (3) Value-based payments.--
                    (A) Sunsetting separate value-based payments.--
                Clause (iii) of section 1848(p)(4)(B) of the Social 
                Security Act (42 U.S.C. 1395w-4(p)(4)(B)) is amended to 
                read as follows:
                            ``(iii) Application.--The Secretary shall 
                        apply the payment modifier established under 
                        this subsection for items and services 
                        furnished on or after January 1, 2015, with 
                        respect to specific physicians and groups of 
                        physicians the Secretary determines 
                        appropriate, and for services furnished on or 
                        after January 1, 2017, with respect to all 
                        physicians and groups of physicians. Such 
                        payment modifier shall not be applied for items 
                        and services furnished on or after January 1, 
                        2019.''.
                    (B) Continuation of value-based payment modifier 
                measures for mips.--Section 1848(p) of the Social 
                Security Act (42 U.S.C. 1395w-4(p)) is amended--
                            (i) in paragraph (2), by adding at the end 
                        the following new subparagraph:
                    ``(C) Continued application for purposes of mips.--
                The Secretary shall, in accordance with subsection 
                (q)(1)(F), carry out subparagraph (B) for purposes of 
                subsection (q).''; and
                            (ii) in paragraph (3), by adding at the end 
                        the following: ``With respect to 2019 and each 
                        subsequent year, the Secretary shall, in 
                        accordance with subsection (q)(1)(F), carry out 
                        this paragraph for purposes of subsection 
                        (q).''.
    (c) Merit-Based Incentive Payment System.--
            (1) In general.--Section 1848 of the Social Security Act 
        (42 U.S.C. 1395w-4) is amended by adding at the end the 
        following new subsection:
    ``(q) Merit-Based Incentive Payment System.--
            ``(1) Establishment.--
                    ``(A) In general.--Subject to the succeeding 
                provisions of this subsection, the Secretary shall 
                establish an eligible professional Merit-based 
                Incentive Payment System (in this subsection referred 
                to as the `MIPS') under which the Secretary shall--
                            ``(i) develop a methodology for assessing 
                        the total performance of each MIPS eligible 
                        professional according to performance standards 
                        under paragraph (3) for a performance period 
                        (as established under paragraph (4)) for a 
                        year;
                            ``(ii) using such methodology, provide for 
                        a composite performance score in accordance 
                        with paragraph (5) for each such professional 
                        for each performance period; and
                            ``(iii) use such composite performance 
                        score of the MIPS eligible professional for a 
                        performance period for a year to determine and 
                        apply a MIPS adjustment factor (and, as 
                        applicable, an additional MIPS adjustment 
                        factor) under paragraph (6) to the professional 
                        for the year.
                Notwithstanding subparagraph (C)(ii), under the MIPS, 
                the Secretary shall permit any eligible professional 
                (as defined in subsection (k)(3)(B)) to report on 
                applicable measures and activities described in 
                paragraph (2)(B).
                    ``(B) Program implementation.--The MIPS shall apply 
                to payments for items and services furnished on or 
                after January 1, 2019.
                    ``(C) MIPS eligible professional defined.--
                            ``(i) In general.--For purposes of this 
                        subsection, subject to clauses (ii) and (iv), 
                        the term `MIPS eligible professional' means--
                                    ``(I) for the first and second 
                                years for which the MIPS applies to 
                                payments (and for the performance 
                                period for such first and second year), 
                                a physician (as defined in section 
                                1861(r)), a physician assistant, nurse 
                                practitioner, and clinical nurse 
                                specialist (as such terms are defined 
                                in section 1861(aa)(5)), a certified 
                                registered nurse anesthetist (as 
                                defined in section 1861(bb)(2)), and a 
                                group that includes such professionals; 
                                and
                                    ``(II) for the third year for which 
                                the MIPS applies to payments (and for 
                                the performance period for such third 
                                year) and for each succeeding year (and 
                                for the performance period for each 
                                such year), the professionals described 
                                in subclause (I), such other eligible 
                                professionals (as defined in subsection 
                                (k)(3)(B)) as specified by the 
                                Secretary, and a group that includes 
                                such professionals.
                            ``(ii) Exclusions.--For purposes of clause 
                        (i), the term `MIPS eligible professional' does 
                        not include, with respect to a year, an 
                        eligible professional (as defined in subsection 
                        (k)(3)(B)) who--
                                    ``(I) is a qualifying APM 
                                participant (as defined in section 
                                1833(z)(2));
                                    ``(II) subject to clause (vii), is 
                                a partial qualifying APM participant 
                                (as defined in clause (iii)) for the 
                                most recent period for which data are 
                                available and who, for the performance 
                                period with respect to such year, does 
                                not report on applicable measures and 
                                activities described in paragraph 
                                (2)(B) that are required to be reported 
                                by such a professional under the MIPS; 
                                or
                                    ``(III) for the performance period 
                                with respect to such year, does not 
                                exceed the low-volume threshold 
                                measurement selected under clause (iv).
                            ``(iii) Partial qualifying apm 
                        participant.--For purposes of this 
                        subparagraph, the term `partial qualifying APM 
                        participant' means, with respect to a year, an 
                        eligible professional for whom the Secretary 
                        determines the minimum payment percentage (or 
                        percentages), as applicable, described in 
                        paragraph (2) of section 1833(z) for such year 
                        have not been satisfied, but who would be 
                        considered a qualifying APM participant (as 
                        defined in such paragraph) for such year if--
                                    ``(I) with respect to 2019 and 
                                2020, the reference in subparagraph (A) 
                                of such paragraph to 25 percent was 
                                instead a reference to 20 percent;
                                    ``(II) with respect to 2021 and 
                                2022--
                                            ``(aa) the reference in 
                                        subparagraph (B)(i) of such 
                                        paragraph to 50 percent was 
                                        instead a reference to 40 
                                        percent; and
                                            ``(bb) the references in 
                                        subparagraph (B)(ii) of such 
                                        paragraph to 50 percent and 25 
                                        percent of such paragraph were 
                                        instead references to 40 
                                        percent and 20 percent, 
                                        respectively; and
                                    ``(III) with respect to 2023 and 
                                subsequent years--
                                            ``(aa) the reference in 
                                        subparagraph (C)(i) of such 
                                        paragraph to 75 percent was 
                                        instead a reference to 50 
                                        percent; and
                                            ``(bb) the references in 
                                        subparagraph (C)(ii) of such 
                                        paragraph to 75 percent and 25 
                                        percent of such paragraph were 
                                        instead references to 50 
                                        percent and 20 percent, 
                                        respectively.
                            ``(iv) Selection of low-volume threshold 
                        measurement.--The Secretary shall select a low-
                        volume threshold to apply for purposes of 
                        clause (ii)(III), which may include one or more 
                        or a combination of the following:
                                    ``(I) The minimum number (as 
                                determined by the Secretary) of 
                                individuals enrolled under this part 
                                who are treated by the eligible 
                                professional for the performance period 
                                involved.
                                    ``(II) The minimum number (as 
                                determined by the Secretary) of items 
                                and services furnished to individuals 
                                enrolled under this part by such 
                                professional for such performance 
                                period.
                                    ``(III) The minimum amount (as 
                                determined by the Secretary) of allowed 
                                charges billed by such professional 
                                under this part for such performance 
                                period.
                            ``(v) Treatment of new medicare enrolled 
                        eligible professionals.--In the case of a 
                        professional who first becomes a Medicare 
                        enrolled eligible professional during the 
                        performance period for a year (and had not 
                        previously submitted claims under this title 
                        such as a person, an entity, or a part of a 
                        physician group or under a different billing 
                        number or tax identifier), such professional 
                        shall not be treated under this subsection as a 
                        MIPS eligible professional until the subsequent 
                        year and performance period for such subsequent 
                        year.
                            ``(vi) Clarification.--In the case of items 
                        and services furnished during a year by an 
                        individual who is not a MIPS eligible 
                        professional (including pursuant to clauses 
                        (ii) and (v)) with respect to a year, in no 
                        case shall a MIPS adjustment factor (or 
                        additional MIPS adjustment factor) under 
                        paragraph (6) apply to such individual for such 
                        year.
                            ``(vii) Partial qualifying apm participant 
                        clarifications.--
                                    ``(I) Treatment as mips eligible 
                                professional.--In the case of an 
                                eligible professional who is a partial 
                                qualifying APM participant, with 
                                respect to a year, and who, for the 
                                performance period for such year, 
                                reports on applicable measures and 
                                activities described in paragraph 
                                (2)(B) that are required to be reported 
                                by such a professional under the MIPS, 
                                such eligible professional is 
                                considered to be a MIPS eligible 
                                professional with respect to such year.
                                    ``(II) Not eligible for qualifying 
                                apm participant payments.--In no case 
                                shall an eligible professional who is a 
                                partial qualifying APM participant, 
                                with respect to a year, be considered a 
                                qualifying APM participant (as defined 
                                in paragraph (2) of section 1833(z)) 
                                for such year or be eligible for the 
                                additional payment under paragraph (1) 
                                of such section for such year.
                    ``(D) Application to group practices.--
                            ``(i) In general.--Under the MIPS:
                                    ``(I) Quality performance 
                                category.--The Secretary shall 
                                establish and apply a process that 
                                includes features of the provisions of 
                                subsection (m)(3)(C) for MIPS eligible 
                                professionals in a group practice with 
                                respect to assessing performance of 
                                such group with respect to the 
                                performance category described in 
                                clause (i) of paragraph (2)(A).
                                    ``(II) Other performance 
                                categories.--The Secretary may 
                                establish and apply a process that 
                                includes features of the provisions of 
                                subsection (m)(3)(C) for MIPS eligible 
                                professionals in a group practice with 
                                respect to assessing the performance of 
                                such group with respect to the 
                                performance categories described in 
                                clauses (ii) through (iv) of such 
                                paragraph.
                            ``(ii) Ensuring comprehensiveness of group 
                        practice assessment.--The process established 
                        under clause (i) shall to the extent 
                        practicable reflect the range of items and 
                        services furnished by the MIPS eligible 
                        professionals in the group practice involved.
                    ``(E) Use of registries.--Under the MIPS, the 
                Secretary shall encourage the use of qualified clinical 
                data registries pursuant to subsection (m)(3)(E) in 
                carrying out this subsection.
                    ``(F) Application of certain provisions.--In 
                applying a provision of subsection (k), (m), (o), or 
                (p) for purposes of this subsection, the Secretary 
                shall--
                            ``(i) adjust the application of such 
                        provision to ensure the provision is consistent 
                        with the provisions of this subsection; and
                            ``(ii) not apply such provision to the 
                        extent that the provision is duplicative with a 
                        provision of this subsection.
                    ``(G) Accounting for risk factors.--
                            ``(i) Risk factors.--Taking into account 
                        the relevant studies conducted and 
                        recommendations made in reports under section 
                        2(d) of the Improving Medicare Post-Acute Care 
                        Transformation Act of 2014, and, as 
                        appropriate, other information, including 
                        information collected before completion of such 
                        studies and recommendations, the Secretary, on 
                        an ongoing basis, shall, as the Secretary 
                        determines appropriate and based on an 
                        individual's health status and other risk 
                        factors--
                                    ``(I) assess appropriate 
                                adjustments to quality measures, 
                                resource use measures, and other 
                                measures used under the MIPS; and
                                    ``(II) assess and implement 
                                appropriate adjustments to payment 
                                adjustments, composite performance 
                                scores, scores for performance 
                                categories, or scores for measures or 
                                activities under the MIPS.
            ``(2) Measures and activities under performance 
        categories.--
                    ``(A) Performance categories.--Under the MIPS, the 
                Secretary shall use the following performance 
                categories (each of which is referred to in this 
                subsection as a performance category) in determining 
                the composite performance score under paragraph (5):
                            ``(i) Quality.
                            ``(ii) Resource use.
                            ``(iii) Clinical practice improvement 
                        activities.
                            ``(iv) Meaningful use of certified EHR 
                        technology.
                    ``(B) Measures and activities specified for each 
                category.--For purposes of paragraph (3)(A) and subject 
                to subparagraph (C), measures and activities specified 
                for a performance period (as established under 
                paragraph (4)) for a year are as follows:
                            ``(i) Quality.--For the performance 
                        category described in subparagraph (A)(i), the 
                        quality measures included in the final measures 
                        list published under subparagraph (D)(i) for 
                        such year and the list of quality measures 
                        described in subparagraph (D)(vi) used by 
                        qualified clinical data registries under 
                        subsection (m)(3)(E).
                            ``(ii) Resource use.--For the performance 
                        category described in subparagraph (A)(ii), the 
                        measurement of resource use for such period 
                        under subsection (p)(3), using the methodology 
                        under subsection (r) as appropriate, and, as 
                        feasible and applicable, accounting for the 
                        cost of drugs under part D.
                            ``(iii) Clinical practice improvement 
                        activities.--For the performance category 
                        described in subparagraph (A)(iii), clinical 
                        practice improvement activities (as defined in 
                        subparagraph (C)(v)(III)) under subcategories 
                        specified by the Secretary for such period, 
                        which shall include at least the following:
                                    ``(I) The subcategory of expanded 
                                practice access, such as same day 
                                appointments for urgent needs and after 
                                hours access to clinician advice.
                                    ``(II) The subcategory of 
                                population management, such as 
                                monitoring health conditions of 
                                individuals to provide timely health 
                                care interventions or participation in 
                                a qualified clinical data registry.
                                    ``(III) The subcategory of care 
                                coordination, such as timely 
                                communication of test results, timely 
                                exchange of clinical information to 
                                patients and other providers, and use 
                                of remote monitoring or telehealth.
                                    ``(IV) The subcategory of 
                                beneficiary engagement, such as the 
                                establishment of care plans for 
                                individuals with complex care needs, 
                                beneficiary self-management assessment 
                                and training, and using shared 
                                decision-making mechanisms.
                                    ``(V) The subcategory of patient 
                                safety and practice assessment, such as 
                                through use of clinical or surgical 
                                checklists and practice assessments 
                                related to maintaining certification.
                                    ``(VI) The subcategory of 
                                participation in an alternative payment 
                                model (as defined in section 
                                1833(z)(3)(C)).
                        In establishing activities under this clause, 
                        the Secretary shall give consideration to the 
                        circumstances of small practices (consisting of 
                        15 or fewer professionals) and practices 
                        located in rural areas and in health 
                        professional shortage areas (as designated 
                        under section 332(a)(1)(A) of the Public Health 
                        Service Act).
                            ``(iv) Meaningful ehr use.--For the 
                        performance category described in subparagraph 
                        (A)(iv), the requirements established for such 
                        period under subsection (o)(2) for determining 
                        whether an eligible professional is a 
                        meaningful EHR user.
                    ``(C) Additional provisions.--
                            ``(i) Emphasizing outcome measures under 
                        the quality performance category.--In applying 
                        subparagraph (B)(i), the Secretary shall, as 
                        feasible, emphasize the application of outcome 
                        measures.
                            ``(ii) Application of additional system 
                        measures.--The Secretary may use measures used 
                        for a payment system other than for physicians, 
                        such as measures for inpatient hospitals, for 
                        purposes of the performance categories 
                        described in clauses (i) and (ii) of 
                        subparagraph (A). For purposes of the previous 
                        sentence, the Secretary may not use measures 
                        for hospital outpatient departments, except in 
                        the case of items and services furnished by 
                        emergency physicians, radiologists, and 
                        anesthesiologists.
                            ``(iii) Global and population-based 
                        measures.--The Secretary may use global 
                        measures, such as global outcome measures, and 
                        population-based measures for purposes of the 
                        performance category described in subparagraph 
                        (A)(i).
                            ``(iv) Application of measures and 
                        activities to non-patient-facing 
                        professionals.--In carrying out this paragraph, 
                        with respect to measures and activities 
                        specified in subparagraph (B) for performance 
                        categories described in subparagraph (A), the 
                        Secretary--
                                    ``(I) shall give consideration to 
                                the circumstances of professional types 
                                (or subcategories of those types 
                                determined by practice characteristics) 
                                who typically furnish services that do 
                                not involve face-to-face interaction 
                                with a patient; and
                                    ``(II) may, to the extent feasible 
                                and appropriate, take into account such 
                                circumstances and apply under this 
                                subsection with respect to MIPS 
                                eligible professionals of such 
                                professional types or subcategories, 
                                alternative measures or activities that 
                                fulfill the goals of the applicable 
                                performance category.
                        In carrying out the previous sentence, the 
                        Secretary shall consult with professionals of 
                        such professional types or subcategories.
                            ``(v) Clinical practice improvement 
                        activities.--
                                    ``(I) Request for information.--In 
                                initially applying subparagraph 
                                (B)(iii), the Secretary shall use a 
                                request for information to solicit 
                                recommendations from stakeholders to 
                                identify activities described in such 
                                subparagraph and specifying criteria 
                                for such activities.
                                    ``(II) Contract authority for 
                                clinical practice improvement 
                                activities performance category.--In 
                                applying subparagraph (B)(iii), the 
                                Secretary may contract with entities to 
                                assist the Secretary in--
                                            ``(aa) identifying 
                                        activities described in 
                                        subparagraph (B)(iii);
                                            ``(bb) specifying criteria 
                                        for such activities; and
                                            ``(cc) determining whether 
                                        a MIPS eligible professional 
                                        meets such criteria.
                                    ``(III) Clinical practice 
                                improvement activities defined.--For 
                                purposes of this subsection, the term 
                                `clinical practice improvement 
                                activity' means an activity that 
                                relevant eligible professional 
                                organizations and other relevant 
                                stakeholders identify as improving 
                                clinical practice or care delivery and 
                                that the Secretary determines, when 
                                effectively executed, is likely to 
                                result in improved outcomes.
                    ``(D) Annual list of quality measures available for 
                mips assessment.--
                            ``(i) In general.--Under the MIPS, the 
                        Secretary, through notice and comment 
                        rulemaking and subject to the succeeding 
                        clauses of this subparagraph, shall, with 
                        respect to the performance period for a year, 
                        establish an annual final list of quality 
                        measures from which MIPS eligible professionals 
                        may choose for purposes of assessment under 
                        this subsection for such performance period. 
                        Pursuant to the previous sentence, the 
                        Secretary shall--
                                    ``(I) not later than November 1 of 
                                the year prior to the first day of the 
                                first performance period under the 
                                MIPS, establish and publish in the 
                                Federal Register a final list of 
                                quality measures; and
                                    ``(II) not later than November 1 of 
                                the year prior to the first day of each 
                                subsequent performance period, update 
                                the final list of quality measures from 
                                the previous year (and publish such 
                                updated final list in the Federal 
                                Register), by--
                                            ``(aa) removing from such 
                                        list, as appropriate, quality 
                                        measures, which may include the 
                                        removal of measures that are no 
                                        longer meaningful (such as 
                                        measures that are topped out);
                                            ``(bb) adding to such list, 
                                        as appropriate, new quality 
                                        measures; and
                                            ``(cc) determining whether 
                                        or not quality measures on such 
                                        list that have undergone 
                                        substantive changes should be 
                                        included in the updated list.
                            ``(ii) Call for quality measures.--
                                    ``(I) In general.--Eligible 
                                professional organizations and other 
                                relevant stakeholders shall be 
                                requested to identify and submit 
                                quality measures to be considered for 
                                selection under this subparagraph in 
                                the annual list of quality measures 
                                published under clause (i) and to 
                                identify and submit updates to the 
                                measures on such list. For purposes of 
                                the previous sentence, measures may be 
                                submitted regardless of whether such 
                                measures were previously published in a 
                                proposed rule or endorsed by an entity 
                                with a contract under section 1890(a).
                                    ``(II) Eligible professional 
                                organization defined.--In this 
                                subparagraph, the term `eligible 
                                professional organization' means a 
                                professional organization as defined by 
                                nationally recognized specialty boards 
                                of certification or equivalent 
                                certification boards.
                            ``(iii) Requirements.--In selecting quality 
                        measures for inclusion in the annual final list 
                        under clause (i), the Secretary shall--
                                    ``(I) provide that, to the extent 
                                practicable, all quality domains (as 
                                defined in subsection (s)(1)(B)) are 
                                addressed by such measures; and
                                    ``(II) ensure that such selection 
                                is consistent with the process for 
                                selection of measures under subsections 
                                (k), (m), and (p)(2).
                            ``(iv) Peer review.--Before including a new 
                        measure in the final list of measures published 
                        under clause (i) for a year, the Secretary 
                        shall submit for publication in applicable 
                        specialty-appropriate peer-reviewed journals 
                        such measure and the method for developing and 
                        selecting such measure, including clinical and 
                        other data supporting such measure.
                            ``(v) Measures for inclusion.--The final 
                        list of quality measures published under clause 
                        (i) shall include, as applicable, measures 
                        under subsections (k), (m), and (p)(2), 
                        including quality measures from among--
                                    ``(I) measures endorsed by a 
                                consensus-based entity;
                                    ``(II) measures developed under 
                                subsection (s); and
                                    ``(III) measures submitted under 
                                clause (ii)(I).
                        Any measure selected for inclusion in such list 
                        that is not endorsed by a consensus-based 
                        entity shall have a focus that is evidence-
                        based.
                            ``(vi) Exception for qualified clinical 
                        data registry measures.--Measures used by a 
                        qualified clinical data registry under 
                        subsection (m)(3)(E) shall not be subject to 
                        the requirements under clauses (i), (iv), and 
                        (v). The Secretary shall publish the list of 
                        measures used by such qualified clinical data 
                        registries on the Internet website of the 
                        Centers for Medicare & Medicaid Services.
                            ``(vii) Exception for existing quality 
                        measures.--Any quality measure specified by the 
                        Secretary under subsection (k) or (m), 
                        including under subsection (m)(3)(E), and any 
                        measure of quality of care established under 
                        subsection (p)(2) for the reporting period or 
                        performance period under the respective 
                        subsection beginning before the first 
                        performance period under the MIPS--
                                    ``(I) shall not be subject to the 
                                requirements under clause (i) (except 
                                under items (aa) and (cc) of subclause 
                                (II) of such clause) or to the 
                                requirement under clause (iv); and
                                    ``(II) shall be included in the 
                                final list of quality measures 
                                published under clause (i) unless 
                                removed under clause (i)(II)(aa).
                            ``(viii) Consultation with relevant 
                        eligible professional organizations and other 
                        relevant stakeholders.--Relevant eligible 
                        professional organizations and other relevant 
                        stakeholders, including State and national 
                        medical societies, shall be consulted in 
                        carrying out this subparagraph.
                            ``(ix) Optional application.--The process 
                        under section 1890A is not required to apply to 
                        the selection of measures under this 
                        subparagraph.
            ``(3) Performance standards.--
                    ``(A) Establishment.--Under the MIPS, the Secretary 
                shall establish performance standards with respect to 
                measures and activities specified under paragraph 
                (2)(B) for a performance period (as established under 
                paragraph (4)) for a year.
                    ``(B) Considerations in establishing standards.--In 
                establishing such performance standards with respect to 
                measures and activities specified under paragraph 
                (2)(B), the Secretary shall consider the following:
                            ``(i) Historical performance standards.
                            ``(ii) Improvement.
                            ``(iii) The opportunity for continued 
                        improvement.
            ``(4) Performance period.--The Secretary shall establish a 
        performance period (or periods) for a year (beginning with 
        2019). Such performance period (or periods) shall begin and end 
        prior to the beginning of such year and be as close as possible 
        to such year. In this subsection, such performance period (or 
        periods) for a year shall be referred to as the performance 
        period for the year.
            ``(5) Composite performance score.--
                    ``(A) In general.--Subject to the succeeding 
                provisions of this paragraph and taking into account, 
                as available and applicable, paragraph (1)(G), the 
                Secretary shall develop a methodology for assessing the 
                total performance of each MIPS eligible professional 
                according to performance standards under paragraph (3) 
                with respect to applicable measures and activities 
                specified in paragraph (2)(B) with respect to each 
                performance category applicable to such professional 
                for a performance period (as established under 
                paragraph (4)) for a year. Using such methodology, the 
                Secretary shall provide for a composite assessment 
                (using a scoring scale of 0 to 100) for each such 
                professional for the performance period for such year. 
                In this subsection such a composite assessment for such 
                a professional with respect to a performance period 
                shall be referred to as the `composite performance 
                score' for such professional for such performance 
                period.
                    ``(B) Incentive to report; encouraging use of 
                certified ehr technology for reporting quality 
                measures.--
                            ``(i) Incentive to report.--Under the 
                        methodology established under subparagraph (A), 
                        the Secretary shall provide that in the case of 
                        a MIPS eligible professional who fails to 
                        report on an applicable measure or activity 
                        that is required to be reported by the 
                        professional, the professional shall be treated 
                        as achieving the lowest potential score 
                        applicable to such measure or activity.
                            ``(ii) Encouraging use of certified ehr 
                        technology and qualified clinical data 
                        registries for reporting quality measures.--
                        Under the methodology established under 
                        subparagraph (A), the Secretary shall--
                                    ``(I) encourage MIPS eligible 
                                professionals to report on applicable 
                                measures with respect to the 
                                performance category described in 
                                paragraph (2)(A)(i) through the use of 
                                certified EHR technology and qualified 
                                clinical data registries; and
                                    ``(II) with respect to a 
                                performance period, with respect to a 
                                year, for which a MIPS eligible 
                                professional reports such measures 
                                through the use of such EHR technology, 
                                treat such professional as satisfying 
                                the clinical quality measures reporting 
                                requirement described in subsection 
                                (o)(2)(A)(iii) for such year.
                    ``(C) Clinical practice improvement activities 
                performance score.--
                            ``(i) Rule for certification.--A MIPS 
                        eligible professional who is in a practice that 
                        is certified as a patient-centered medical home 
                        or comparable specialty practice, as determined 
                        by the Secretary, with respect to a performance 
                        period shall be given the highest potential 
                        score for the performance category described in 
                        paragraph (2)(A)(iii) for such period.
                            ``(ii) APM participation.--Participation by 
                        a MIPS eligible professional in an alternative 
                        payment model (as defined in section 
                        1833(z)(3)(C)) with respect to a performance 
                        period shall earn such eligible professional a 
                        minimum score of one-half of the highest 
                        potential score for the performance category 
                        described in paragraph (2)(A)(iii) for such 
                        performance period.
                            ``(iii) Subcategories.--A MIPS eligible 
                        professional shall not be required to perform 
                        activities in each subcategory under paragraph 
                        (2)(B)(iii) or participate in an alternative 
                        payment model in order to achieve the highest 
                        potential score for the performance category 
                        described in paragraph (2)(A)(iii).
                    ``(D) Achievement and improvement.--
                            ``(i) Taking into account improvement.--
                        Beginning with the second year to which the 
                        MIPS applies, in addition to the achievement of 
                        a MIPS eligible professional, if data 
                        sufficient to measure improvement is available, 
                        the methodology developed under subparagraph 
                        (A)--
                                    ``(I) in the case of the 
                                performance score for the performance 
                                category described in clauses (i) and 
                                (ii) of paragraph (2)(A), shall take 
                                into account the improvement of the 
                                professional; and
                                    ``(II) in the case of performance 
                                scores for other performance 
                                categories, may take into account the 
                                improvement of the professional.
                            ``(ii) Assigning higher weight for 
                        achievement.--Subject to clause (i), under the 
                        methodology developed under subparagraph (A), 
                        the Secretary may assign a higher scoring 
                        weight under subparagraph (F) with respect to 
                        the achievement of a MIPS eligible professional 
                        than with respect to any improvement of such 
                        professional applied under clause (i) with 
                        respect to a measure, activity, or category 
                        described in paragraph (2).
                    ``(E) Weights for the performance categories.--
                            ``(i) In general.--Under the methodology 
                        developed under subparagraph (A), subject to 
                        subparagraph (F)(i) and clause (ii), the 
                        composite performance score shall be determined 
                        as follows:
                                    ``(I) Quality.--
                                            ``(aa) In general.--Subject 
                                        to item (bb), thirty percent of 
                                        such score shall be based on 
                                        performance with respect to the 
                                        category described in clause 
                                        (i) of paragraph (2)(A). In 
                                        applying the previous sentence, 
                                        the Secretary shall, as 
                                        feasible, encourage the 
                                        application of outcome measures 
                                        within such category.
                                            ``(bb) First 2 years.--For 
                                        the first and second years for 
                                        which the MIPS applies to 
                                        payments, the percentage 
                                        applicable under item (aa) 
                                        shall be increased in a manner 
                                        such that the total percentage 
                                        points of the increase under 
                                        this item for the respective 
                                        year equals the total number of 
                                        percentage points by which the 
                                        percentage applied under 
                                        subclause (II)(bb) for the 
                                        respective year is less than 30 
                                        percent.
                                    ``(II) Resource use.--
                                            ``(aa) In general.--Subject 
                                        to item (bb), thirty percent of 
                                        such score shall be based on 
                                        performance with respect to the 
                                        category described in clause 
                                        (ii) of paragraph (2)(A).
                                            ``(bb) First 2 years.--For 
                                        the first year for which the 
                                        MIPS applies to payments, not 
                                        more than 10 percent of such 
                                        score shall be based on 
                                        performance with respect to the 
                                        category described in clause 
                                        (ii) of paragraph (2)(A). For 
                                        the second year for which the 
                                        MIPS applies to payments, not 
                                        more than 15 percent of such 
                                        score shall be based on 
                                        performance with respect to the 
                                        category described in clause 
                                        (ii) of paragraph (2)(A).
                                    ``(III) Clinical practice 
                                improvement activities.--Fifteen 
                                percent of such score shall be based on 
                                performance with respect to the 
                                category described in clause (iii) of 
                                paragraph (2)(A).
                                    ``(IV) Meaningful use of certified 
                                ehr technology.--Twenty-five percent of 
                                such score shall be based on 
                                performance with respect to the 
                                category described in clause (iv) of 
                                paragraph (2)(A).
                            ``(ii) Authority to adjust percentages in 
                        case of high ehr meaningful use adoption.--In 
                        any year in which the Secretary estimates that 
                        the proportion of eligible professionals (as 
                        defined in subsection (o)(5)) who are 
                        meaningful EHR users (as determined under 
                        subsection (o)(2)) is 75 percent or greater, 
                        the Secretary may reduce the percent applicable 
                        under clause (i)(IV), but not below 15 percent. 
                        If the Secretary makes such reduction for a 
                        year, subject to subclauses (I)(bb) and 
                        (II)(bb) of clause (i), the percentages 
                        applicable under one or more of subclauses (I), 
                        (II), and (III) of clause (i) for such year 
                        shall be increased in a manner such that the 
                        total percentage points of the increase under 
                        this clause for such year equals the total 
                        number of percentage points reduced under the 
                        preceding sentence for such year.
                    ``(F) Certain flexibility for weighting performance 
                categories, measures, and activities.--Under the 
                methodology under subparagraph (A), if there are not 
                sufficient measures and activities (described in 
                paragraph (2)(B)) applicable and available to each type 
                of eligible professional involved, the Secretary shall 
                assign different scoring weights (including a weight of 
                0)--
                            ``(i) which may vary from the scoring 
                        weights specified in subparagraph (E), for each 
                        performance category based on the extent to 
                        which the category is applicable to the type of 
                        eligible professional involved; and
                            ``(ii) for each measure and activity 
                        specified under paragraph (2)(B) with respect 
                        to each such category based on the extent to 
                        which the measure or activity is applicable and 
                        available to the type of eligible professional 
                        involved.
                    ``(G) Resource use.--Analysis of the performance 
                category described in paragraph (2)(A)(ii) shall 
                include results from the methodology described in 
                subsection (r)(5), as appropriate.
                    ``(H) Inclusion of quality measure data from other 
                payers.--In applying subsections (k), (m), and (p) with 
                respect to measures described in paragraph (2)(B)(i), 
                analysis of the performance category described in 
                paragraph (2)(A)(i) may include data submitted by MIPS 
                eligible professionals with respect to items and 
                services furnished to individuals who are not 
                individuals entitled to benefits under part A or 
                enrolled under part B.
                    ``(I) Use of voluntary virtual groups for certain 
                assessment purposes.--
                            ``(i) In general.--In the case of MIPS 
                        eligible professionals electing to be a virtual 
                        group under clause (ii) with respect to a 
                        performance period for a year, for purposes of 
                        applying the methodology under subparagraph (A) 
                        with respect to the performance categories 
                        described in clauses (i) and (ii) of paragraph 
                        (2)(A)--
                                    ``(I) the assessment of performance 
                                provided under such methodology with 
                                respect to such performance categories 
                                that is to be applied to each such 
                                professional in such group for such 
                                performance period shall be with 
                                respect to the combined performance of 
                                all such professionals in such group 
                                for such period; and
                                    ``(II) with respect to the 
                                composite performance score provided 
                                under this paragraph for such 
                                performance period for each such MIPS 
                                eligible professional in such virtual 
                                group, the components of the composite 
                                performance score that assess 
                                performance with respect to such 
                                performance categories shall be based 
                                on the assessment of the combined 
                                performance under subclause (I) for 
                                such performance categories and 
                                performance period.
                            ``(ii) Election of practices to be a 
                        virtual group.--The Secretary shall, in 
                        accordance with the requirements under clause 
                        (iii), establish and have in place a process to 
                        allow an individual MIPS eligible professional 
                        or a group practice consisting of not more than 
                        10 MIPS eligible professionals to elect, with 
                        respect to a performance period for a year to 
                        be a virtual group under this subparagraph with 
                        at least one other such individual MIPS 
                        eligible professional or group practice. Such a 
                        virtual group may be based on appropriate 
                        classifications of providers, such as by 
                        geographic areas or by provider specialties 
                        defined by nationally recognized specialty 
                        boards of certification or equivalent 
                        certification boards.
                            ``(iii) Requirements.--The requirements for 
                        the process under clause (ii) shall--
                                    ``(I) provide that an election 
                                under such clause, with respect to a 
                                performance period, shall be made 
                                before the beginning of such 
                                performance period and may not be 
                                changed during such performance period;
                                    ``(II) provide that an individual 
                                MIPS eligible professional and a group 
                                practice described in clause (ii) may 
                                elect to be in no more than one virtual 
                                group for a performance period and 
                                that, in the case of such a group 
                                practice that elects to be in such 
                                virtual group for such performance 
                                period, such election applies to all 
                                MIPS eligible professionals in such 
                                group practice;
                                    ``(III) provide that a virtual 
                                group be a combination of tax 
                                identification numbers;
                                    ``(IV) provide for formal written 
                                agreements among MIPS eligible 
                                professionals electing to be a virtual 
                                group under this subparagraph; and
                                    ``(V) include such other 
                                requirements as the Secretary 
                                determines appropriate.
            ``(6) MIPS payments.--
                    ``(A) MIPS adjustment factor.--Taking into account 
                paragraph (1)(G), the Secretary shall specify a MIPS 
                adjustment factor for each MIPS eligible professional 
                for a year. Such MIPS adjustment factor for a MIPS 
                eligible professional for a year shall be in the form 
                of a percent and shall be determined--
                            ``(i) by comparing the composite 
                        performance score of the eligible professional 
                        for such year to the performance threshold 
                        established under subparagraph (D)(i) for such 
                        year;
                            ``(ii) in a manner such that the adjustment 
                        factors specified under this subparagraph for a 
                        year result in differential payments under this 
                        paragraph reflecting that--
                                    ``(I) MIPS eligible professionals 
                                with composite performance scores for 
                                such year at or above such performance 
                                threshold for such year receive zero or 
                                positive payment adjustment factors for 
                                such year in accordance with clause 
                                (iii), with such professionals having 
                                higher composite performance scores 
                                receiving higher adjustment factors; 
                                and
                                    ``(II) MIPS eligible professionals 
                                with composite performance scores for 
                                such year below such performance 
                                threshold for such year receive 
                                negative payment adjustment factors for 
                                such year in accordance with clause 
                                (iv), with such professionals having 
                                lower composite performance scores 
                                receiving lower adjustment factors;
                            ``(iii) in a manner such that MIPS eligible 
                        professionals with composite scores described 
                        in clause (ii)(I) for such year, subject to 
                        clauses (i) and (ii) of subparagraph (F), 
                        receive a zero or positive adjustment factor on 
                        a linear sliding scale such that an adjustment 
                        factor of 0 percent is assigned for a score at 
                        the performance threshold and an adjustment 
                        factor of the applicable percent specified in 
                        subparagraph (B) is assigned for a score of 
                        100; and
                            ``(iv) in a manner such that--
                                    ``(I) subject to subclause (II), 
                                MIPS eligible professionals with 
                                composite performance scores described 
                                in clause (ii)(II) for such year 
                                receive a negative payment adjustment 
                                factor on a linear sliding scale such 
                                that an adjustment factor of 0 percent 
                                is assigned for a score at the 
                                performance threshold and an adjustment 
                                factor of the negative of the 
                                applicable percent specified in 
                                subparagraph (B) is assigned for a 
                                score of 0; and
                                    ``(II) MIPS eligible professionals 
                                with composite performance scores that 
                                are equal to or greater than 0, but not 
                                greater than \1/4\ of the performance 
                                threshold specified under subparagraph 
                                (D)(i) for such year, receive a 
                                negative payment adjustment factor that 
                                is equal to the negative of the 
                                applicable percent specified in 
                                subparagraph (B) for such year.
                    ``(B) Applicable percent defined.--For purposes of 
                this paragraph, the term `applicable percent' means--
                            ``(i) for 2019, 4 percent;
                            ``(ii) for 2020, 5 percent;
                            ``(iii) for 2021, 7 percent; and
                            ``(iv) for 2022 and subsequent years, 9 
                        percent.
                    ``(C) Additional mips adjustment factors for 
                exceptional performance.--For 2019 and each subsequent 
                year through 2024, in the case of a MIPS eligible 
                professional with a composite performance score for a 
                year at or above the additional performance threshold 
                under subparagraph (D)(ii) for such year, in addition 
                to the MIPS adjustment factor under subparagraph (A) 
                for the eligible professional for such year, subject to 
                subparagraph (F)(iv), the Secretary shall specify an 
                additional positive MIPS adjustment factor for such 
                professional and year. Such additional MIPS adjustment 
                factors shall be in the form of a percent and 
                determined by the Secretary in a manner such that 
                professionals having higher composite performance 
                scores above the additional performance threshold 
                receive higher additional MIPS adjustment factors.
                    ``(D) Establishment of performance thresholds.--
                            ``(i) Performance threshold.--For each year 
                        of the MIPS, the Secretary shall compute a 
                        performance threshold with respect to which the 
                        composite performance score of MIPS eligible 
                        professionals shall be compared for purposes of 
                        determining adjustment factors under 
                        subparagraph (A) that are positive, negative, 
                        and zero. Such performance threshold for a year 
                        shall be the mean or median (as selected by the 
                        Secretary) of the composite performance scores 
                        for all MIPS eligible professionals with 
                        respect to a prior period specified by the 
                        Secretary. The Secretary may reassess the 
                        selection of the mean or median under the 
                        previous sentence every 3 years.
                            ``(ii) Additional performance threshold for 
                        exceptional performance.--In addition to the 
                        performance threshold under clause (i), for 
                        each year of the MIPS, the Secretary shall 
                        compute an additional performance threshold for 
                        purposes of determining the additional MIPS 
                        adjustment factors under subparagraph (C). For 
                        each such year, the Secretary shall apply 
                        either of the following methods for computing 
                        such additional performance threshold for such 
                        a year:
                                    ``(I) The threshold shall be the 
                                score that is equal to the 25th 
                                percentile of the range of possible 
                                composite performance scores above the 
                                performance threshold determined under 
                                clause (i).
                                    ``(II) The threshold shall be the 
                                score that is equal to the 25th 
                                percentile of the actual composite 
                                performance scores for MIPS eligible 
                                professionals with composite 
                                performance scores at or above the 
                                performance threshold with respect to 
                                the prior period described in clause 
                                (i).
                            ``(iii) Special rule for initial 2 years.--
                        With respect to each of the first two years to 
                        which the MIPS applies, the Secretary shall, 
                        prior to the performance period for such years, 
                        establish a performance threshold for purposes 
                        of determining MIPS adjustment factors under 
                        subparagraph (A) and a threshold for purposes 
                        of determining additional MIPS adjustment 
                        factors under subparagraph (C). Each such 
                        performance threshold shall--
                                    ``(I) be based on a period prior to 
                                such performance periods; and
                                    ``(II) take into account--
                                            ``(aa) data available with 
                                        respect to performance on 
                                        measures and activities that 
                                        may be used under the 
                                        performance categories under 
                                        subparagraph (2)(B); and
                                            ``(bb) other factors 
                                        determined appropriate by the 
                                        Secretary.
                    ``(E) Application of mips adjustment factors.--In 
                the case of items and services furnished by a MIPS 
                eligible professional during a year (beginning with 
                2019), the amount otherwise paid under this part with 
                respect to such items and services and MIPS eligible 
                professional for such year, shall be multiplied by--
                            ``(i) 1, plus
                            ``(ii) the sum of--
                                    ``(I) the MIPS adjustment factor 
                                determined under subparagraph (A) 
                                divided by 100, and
                                    ``(II) as applicable, the 
                                additional MIPS adjustment factor 
                                determined under subparagraph (C) 
                                divided by 100.
                    ``(F) Aggregate application of mips adjustment 
                factors.--
                            ``(i) Application of scaling factor.--
                                    ``(I) In general.--With respect to 
                                positive MIPS adjustment factors under 
                                subparagraph (A)(ii)(I) for eligible 
                                professionals whose composite 
                                performance score is above the 
                                performance threshold under 
                                subparagraph (D)(i) for such year, 
                                subject to subclause (II), the 
                                Secretary shall increase or decrease 
                                such adjustment factors by a scaling 
                                factor in order to ensure that the 
                                budget neutrality requirement of clause 
                                (ii) is met.
                                    ``(II) Scaling factor limit.--In no 
                                case may be the scaling factor applied 
                                under this clause exceed 3.0.
                            ``(ii) Budget neutrality requirement.--
                                    ``(I) In general.--Subject to 
                                clause (iii), the Secretary shall 
                                ensure that the estimated amount 
                                described in subclause (II) for a year 
                                is equal to the estimated amount 
                                described in subclause (III) for such 
                                year.
                                    ``(II) Aggregate increases.--The 
                                amount described in this subclause is 
                                the estimated increase in the aggregate 
                                allowed charges resulting from the 
                                application of positive MIPS adjustment 
                                factors under subparagraph (A) (after 
                                application of the scaling factor 
                                described in clause (i)) to MIPS 
                                eligible professionals whose composite 
                                performance score for a year is above 
                                the performance threshold under 
                                subparagraph (D)(i) for such year.
                                    ``(III) Aggregate decreases.--The 
                                amount described in this subclause is 
                                the estimated decrease in the aggregate 
                                allowed charges resulting from the 
                                application of negative MIPS adjustment 
                                factors under subparagraph (A) to MIPS 
                                eligible professionals whose composite 
                                performance score for a year is below 
                                the performance threshold under 
                                subparagraph (D)(i) for such year.
                            ``(iii) Exceptions.--
                                    ``(I) In the case that all MIPS 
                                eligible professionals receive 
                                composite performance scores for a year 
                                that are below the performance 
                                threshold under subparagraph (D)(i) for 
                                such year, the negative MIPS adjustment 
                                factors under subparagraph (A) shall 
                                apply with respect to such MIPS 
                                eligible professionals and the budget 
                                neutrality requirement of clause (ii) 
                                and the additional adjustment factors 
                                under clause (iv) shall not apply for 
                                such year.
                                    ``(II) In the case that, with 
                                respect to a year, the application of 
                                clause (i) results in a scaling factor 
                                equal to the maximum scaling factor 
                                specified in clause (i)(II), such 
                                scaling factor shall apply and the 
                                budget neutrality requirement of clause 
                                (ii) shall not apply for such year.
                            ``(iv) Additional incentive payment 
                        adjustments.--
                                    ``(I) In general.--Subject to 
                                subclause (II), in specifying the MIPS 
                                additional adjustment factors under 
                                subparagraph (C) for each applicable 
                                MIPS eligible professional for a year, 
                                the Secretary shall ensure that the 
                                estimated aggregate increase in 
                                payments under this part resulting from 
                                the application of such additional 
                                adjustment factors for MIPS eligible 
                                professionals in a year shall be equal 
                                (as estimated by the Secretary) to 
                                $500,000,000 for each year beginning 
                                with 2019 and ending with 2024.
                                    ``(II) Limitation on additional 
                                incentive payment adjustments.--The 
                                MIPS additional adjustment factor under 
                                subparagraph (C) for a year for an 
                                applicable MIPS eligible professional 
                                whose composite performance score is 
                                above the additional performance 
                                threshold under subparagraph (D)(ii) 
                                for such year shall not exceed 10 
                                percent. The application of the 
                                previous sentence may result in an 
                                aggregate amount of additional 
                                incentive payments that are less than 
                                the amount specified in subclause (I).
            ``(7) Announcement of result of adjustments.--Under the 
        MIPS, the Secretary shall, not later than 30 days prior to 
        January 1 of the year involved, make available to MIPS eligible 
        professionals the MIPS adjustment factor (and, as applicable, 
        the additional MIPS adjustment factor) under paragraph (6) 
        applicable to the eligible professional for items and services 
        furnished by the professional for such year. The Secretary may 
        include such information in the confidential feedback under 
        paragraph (12).
            ``(8) No effect in subsequent years.--The MIPS adjustment 
        factors and additional MIPS adjustment factors under paragraph 
        (6) shall apply only with respect to the year involved, and the 
        Secretary shall not take into account such adjustment factors 
        in making payments to a MIPS eligible professional under this 
        part in a subsequent year.
            ``(9) Public reporting.--
                    ``(A) In general.--The Secretary shall, in an 
                easily understandable format, make available on the 
                Physician Compare Internet website of the Centers for 
                Medicare & Medicaid Services the following:
                            ``(i) Information regarding the performance 
                        of MIPS eligible professionals under the MIPS, 
                        which--
                                    ``(I) shall include the composite 
                                score for each such MIPS eligible 
                                professional and the performance of 
                                each such MIPS eligible professional 
                                with respect to each performance 
                                category; and
                                    ``(II) may include the performance 
                                of each such MIPS eligible professional 
                                with respect to each measure or 
                                activity specified in paragraph (2)(B).
                            ``(ii) The names of eligible professionals 
                        in eligible alternative payment models (as 
                        defined in section 1833(z)(3)(D)) and, to the 
                        extent feasible, the names of such eligible 
                        alternative payment models and performance of 
                        such models.
                    ``(B) Disclosure.--The information made available 
                under this paragraph shall indicate, where appropriate, 
                that publicized information may not be representative 
                of the eligible professional's entire patient 
                population, the variety of services furnished by the 
                eligible professional, or the health conditions of 
                individuals treated.
                    ``(C) Opportunity to review and submit 
                corrections.--The Secretary shall provide for an 
                opportunity for a professional described in 
                subparagraph (A) to review, and submit corrections for, 
                the information to be made public with respect to the 
                professional under such subparagraph prior to such 
                information being made public.
                    ``(D) Aggregate information.--The Secretary shall 
                periodically post on the Physician Compare Internet 
                website aggregate information on the MIPS, including 
                the range of composite scores for all MIPS eligible 
                professionals and the range of the performance of all 
                MIPS eligible professionals with respect to each 
                performance category.
            ``(10) Consultation.--The Secretary shall consult with 
        stakeholders in carrying out the MIPS, including for the 
        identification of measures and activities under paragraph 
        (2)(B) and the methodologies developed under paragraphs (5)(A) 
        and (6) and regarding the use of qualified clinical data 
        registries. Such consultation shall include the use of a 
        request for information or other mechanisms determined 
        appropriate.
            ``(11) Technical assistance to small practices and 
        practices in health professional shortage areas.--
                    ``(A) In general.--The Secretary shall enter into 
                contracts or agreements with appropriate entities (such 
                as quality improvement organizations, regional 
                extension centers (as described in section 3012(c) of 
                the Public Health Service Act), or regional health 
                collaboratives) to offer guidance and assistance to 
                MIPS eligible professionals in practices of 15 or fewer 
                professionals (with priority given to such practices 
                located in rural areas, health professional shortage 
                areas (as designated under in section 332(a)(1)(A) of 
                such Act), and medically underserved areas, and 
                practices with low composite scores) with respect to--
                            ``(i) the performance categories described 
                        in clauses (i) through (iv) of paragraph 
                        (2)(A); or
                            ``(ii) how to transition to the 
                        implementation of and participation in an 
                        alternative payment model as described in 
                        section 1833(z)(3)(C).
                    ``(B) Funding for technical assistance.--For 
                purposes of implementing subparagraph (A), the 
                Secretary shall provide for the transfer from the 
                Federal Supplementary Medical Insurance Trust Fund 
                established under section 1841 to the Centers for 
                Medicare & Medicaid Services Program Management Account 
                of $20,000,000 for each of fiscal years 2016 through 
                2020. Amounts transferred under this subparagraph for a 
                fiscal year shall be available until expended.
            ``(12) Feedback and information to improve performance.--
                    ``(A) Performance feedback.--
                            ``(i) In general.--Beginning July 1, 2017, 
                        the Secretary--
                                    ``(I) shall make available timely 
                                (such as quarterly) confidential 
                                feedback to MIPS eligible professionals 
                                on the performance of such 
                                professionals with respect to the 
                                performance categories under clauses 
                                (i) and (ii) of paragraph (2)(A); and
                                    ``(II) may make available 
                                confidential feedback to such 
                                professionals on the performance of 
                                such professionals with respect to the 
                                performance categories under clauses 
                                (iii) and (iv) of such paragraph.
                            ``(ii) Mechanisms.--The Secretary may use 
                        one or more mechanisms to make feedback 
                        available under clause (i), which may include 
                        use of a web-based portal or other mechanisms 
                        determined appropriate by the Secretary. With 
                        respect to the performance category described 
                        in paragraph (2)(A)(i), feedback under this 
                        subparagraph shall, to the extent an eligible 
                        professional chooses to participate in a data 
                        registry for purposes of this subsection 
                        (including registries under subsections (k) and 
                        (m)), be provided based on performance on 
                        quality measures reported through the use of 
                        such registries. With respect to any other 
                        performance category described in paragraph 
                        (2)(A), the Secretary shall encourage provision 
                        of feedback through qualified clinical data 
                        registries as described in subsection 
                        (m)(3)(E)).
                            ``(iii) Use of data.--For purposes of 
                        clause (i), the Secretary may use data, with 
                        respect to a MIPS eligible professional, from 
                        periods prior to the current performance period 
                        and may use rolling periods in order to make 
                        illustrative calculations about the performance 
                        of such professional.
                            ``(iv) Disclosure exemption.--Feedback made 
                        available under this subparagraph shall be 
                        exempt from disclosure under section 552 of 
                        title 5, United States Code.
                            ``(v) Receipt of information.--The 
                        Secretary may use the mechanisms established 
                        under clause (ii) to receive information from 
                        professionals, such as information with respect 
                        to this subsection.
                    ``(B) Additional information.--
                            ``(i) In general.--Beginning July 1, 2018, 
                        the Secretary shall make available to MIPS 
                        eligible professionals information, with 
                        respect to individuals who are patients of such 
                        MIPS eligible professionals, about items and 
                        services for which payment is made under this 
                        title that are furnished to such individuals by 
                        other suppliers and providers of services, 
                        which may include information described in 
                        clause (ii). Such information may be made 
                        available under the previous sentence to such 
                        MIPS eligible professionals by mechanisms 
                        determined appropriate by the Secretary, which 
                        may include use of a web-based portal. Such 
                        information may be made available in accordance 
                        with the same or similar terms as data are made 
                        available to accountable care organizations 
                        participating in the shared savings program 
                        under section 1899.
                            ``(ii) Type of information.--For purposes 
                        of clause (i), the information described in 
                        this clause, is the following:
                                    ``(I) With respect to selected 
                                items and services (as determined 
                                appropriate by the Secretary) for which 
                                payment is made under this title and 
                                that are furnished to individuals, who 
                                are patients of a MIPS eligible 
                                professional, by another supplier or 
                                provider of services during the most 
                                recent period for which data are 
                                available (such as the most recent 
                                three-month period), such as the name 
                                of such providers furnishing such items 
                                and services to such patients during 
                                such period, the types of such items 
                                and services so furnished, and the 
                                dates such items and services were so 
                                furnished.
                                    ``(II) Historical data, such as 
                                averages and other measures of the 
                                distribution if appropriate, of the 
                                total, and components of, allowed 
                                charges (and other figures as 
                                determined appropriate by the 
                                Secretary).
            ``(13) Review.--
                    ``(A) Targeted review.--The Secretary shall 
                establish a process under which a MIPS eligible 
                professional may seek an informal review of the 
                calculation of the MIPS adjustment factor (or factors) 
                applicable to such eligible professional under this 
                subsection for a year. The results of a review 
                conducted pursuant to the previous sentence shall not 
                be taken into account for purposes of paragraph (6) 
                with respect to a year (other than with respect to the 
                calculation of such eligible professional's MIPS 
                adjustment factor for such year or additional MIPS 
                adjustment factor for such year) after the factors 
                determined in subparagraph (A) and subparagraph (C) of 
                such paragraph have been determined for such year.
                    ``(B) Limitation.--Except as provided for in 
                subparagraph (A), there shall be no administrative or 
                judicial review under section 1869, section 1878, or 
                otherwise of the following:
                            ``(i) The methodology used to determine the 
                        amount of the MIPS adjustment factor under 
                        paragraph (6)(A) and the amount of the 
                        additional MIPS adjustment factor under 
                        paragraph (6)(C) and the determination of such 
                        amounts.
                            ``(ii) The establishment of the performance 
                        standards under paragraph (3) and the 
                        performance period under paragraph (4).
                            ``(iii) The identification of measures and 
                        activities specified under paragraph (2)(B) and 
                        information made public or posted on the 
                        Physician Compare Internet website of the 
                        Centers for Medicare & Medicaid Services under 
                        paragraph (9).
                            ``(iv) The methodology developed under 
                        paragraph (5) that is used to calculate 
                        performance scores and the calculation of such 
                        scores, including the weighting of measures and 
                        activities under such methodology.''.
            (2) GAO reports.--
                    (A) Evaluation of eligible professional mips.--Not 
                later than October 1, 2021, the Comptroller General of 
                the United States shall submit to Congress a report 
                evaluating the eligible professional Merit-based 
                Incentive Payment System under subsection (q) of 
                section 1848 of the Social Security Act (42 U.S.C. 
                1395w-4), as added by paragraph (1). Such report 
                shall--
                            (i) examine the distribution of the 
                        composite performance scores and MIPS 
                        adjustment factors (and additional MIPS 
                        adjustment factors) for MIPS eligible 
                        professionals (as defined in subsection 
                        (q)(1)(c) of such section) under such program, 
                        and patterns relating to such scores and 
                        adjustment factors, including based on type of 
                        provider, practice size, geographic location, 
                        and patient mix;
                            (ii) provide recommendations for improving 
                        such program;
                            (iii) evaluate the impact of technical 
                        assistance funding under section 1848(q)(11) of 
                        the Social Security Act, as added by paragraph 
                        (1), on the ability of professionals to improve 
                        within such program or successfully transition 
                        to an alternative payment model (as defined in 
                        section 1833(z)(3) of the Social Security Act, 
                        as added by subsection (e)), with priority for 
                        such evaluation given to practices located in 
                        rural areas, health professional shortage areas 
                        (as designated in section 332(a)(1)(a) of the 
                        Public Health Service Act), and medically 
                        underserved areas; and
                            (iv) provide recommendations for optimizing 
                        the use of such technical assistance funds.
                    (B) Study to examine alignment of quality measures 
                used in public and private programs.--
                            (i) In general.--Not later than 18 months 
                        after the date of the enactment of this Act, 
                        the Comptroller General of the United States 
                        shall submit to Congress a report that--
                                    (I) compares the similarities and 
                                differences in the use of quality 
                                measures under the original Medicare 
                                fee-for-service program under parts A 
                                and B of title XVIII of the Social 
                                Security Act, the Medicare Advantage 
                                program under part C of such title, 
                                selected State Medicaid programs under 
                                title XIX of such Act, and private 
                                payer arrangements; and
                                    (II) makes recommendations on how 
                                to reduce the administrative burden 
                                involved in applying such quality 
                                measures.
                            (ii) Requirements.--The report under clause 
                        (i) shall--
                                    (I) consider those measures 
                                applicable to individuals entitled to, 
                                or enrolled for, benefits under such 
                                part A, or enrolled under such part B 
                                and individuals under the age of 65; 
                                and
                                    (II) focus on those measures that 
                                comprise the most significant component 
                                of the quality performance category of 
                                the eligible professional MIPS 
                                incentive program under subsection (q) 
                                of section 1848 of the Social Security 
                                Act (42 U.S.C. 1395w-4), as added by 
                                paragraph (1).
                    (C) Study on role of independent risk managers.--
                Not later than January 1, 2017, the Comptroller General 
                of the United States shall submit to Congress a report 
                examining whether entities that pool financial risk for 
                physician practices, such as independent risk managers, 
                can play a role in supporting physician practices, 
                particularly small physician practices, in assuming 
                financial risk for the treatment of patients. Such 
                report shall examine barriers that small physician 
                practices currently face in assuming financial risk for 
                treating patients, the types of risk management 
                entities that could assist physician practices in 
                participating in two-sided risk payment models, and how 
                such entities could assist with risk management and 
                with quality improvement activities. Such report shall 
                also include an analysis of any existing legal barriers 
                to such arrangements.
                    (D) Study to examine rural and health professional 
                shortage area alternative payment models.--Not later 
                than October 1, 2021, the Comptroller General of the 
                United States shall submit to Congress a report that 
                examines the transition of professionals in rural 
                areas, health professional shortage areas (as 
                designated in section 332(a)(1)(A) of the Public Health 
                Service Act), or medically underserved areas to an 
                alternative payment model (as defined in section 
                1833(z)(3) of the Social Security Act, as added by 
                subsection (e)). Such report shall make recommendations 
                for removing administrative barriers to practices, 
                including small practices consisting of 15 or fewer 
                professionals, in rural areas, health professional 
                shortage areas, and medically underserved areas to 
                participation in such models.
            (3) Funding for implementation.--For purposes of 
        implementing the provisions of and the amendments made by this 
        section, the Secretary of Health and Human Services shall 
        provide for the transfer of $80,000,000 from the Supplementary 
        Medical Insurance Trust Fund established under section 1841 of 
        the Social Security Act (42 U.S.C. 1395t) to the Centers for 
        Medicare & Medicaid Program Management Account for each of the 
        fiscal years 2015 through 2019. Amounts transferred under this 
        paragraph shall be available until expended.
    (d) Improving Quality Reporting for Composite Scores.--
            (1) Changes for group reporting option.--
                    (A) In general.--Section 1848(m)(3)(C)(ii) of the 
                Social Security Act (42 U.S.C. 1395w-4(m)(3)(C)(ii)) is 
                amended by inserting ``and, for 2016 and subsequent 
                years, may provide'' after ``shall provide''.
                    (B) Clarification of qualified clinical data 
                registry reporting to group practices.--Section 
                1848(m)(3)(D) of the Social Security Act (42 U.S.C. 
                1395w-4(m)(3)(D)) is amended by inserting ``and, for 
                2016 and subsequent years, subparagraph (A) or (C)'' 
                after ``subparagraph (A)''.
            (2) Changes for multiple reporting periods and alternative 
        criteria for satisfactory reporting.--Section 1848(m)(5)(F) of 
        the Social Security Act (42 U.S.C. 1395w-4(m)(5)(F)) is 
        amended--
                    (A) by striking ``and subsequent years'' and 
                inserting ``through reporting periods occurring in 
                2015''; and
                    (B) by inserting ``and, for reporting periods 
                occurring in 2016 and subsequent years, the Secretary 
                may establish'' after ``shall establish''.
            (3) Physician feedback program reports succeeded by reports 
        under mips.--Section 1848(n) of the Social Security Act (42 
        U.S.C. 1395w-4(n)) is amended by adding at the end the 
        following new paragraph:
            ``(11) Reports ending with 2017.--Reports under the Program 
        shall not be provided after December 31, 2017. See subsection 
        (q)(12) for reports under the eligible professionals Merit-
        based Incentive Payment System.''.
            (4) Coordination with satisfying meaningful ehr use 
        clinical quality measure reporting requirement.--Section 
        1848(o)(2)(A)(iii) of the Social Security Act (42 U.S.C. 1395w-
        4(o)(2)(A)(iii)) is amended by inserting ``and subsection 
        (q)(5)(B)(ii)(II)'' after ``Subject to subparagraph (B)(ii)''.
    (e) Promoting Alternative Payment Models.--
            (1) Increasing transparency of physician-focused payment 
        models.--Section 1868 of the Social Security Act (42 U.S.C. 
        1395ee) is amended by adding at the end the following new 
        subsection:
    ``(c) Physician-Focused Payment Models.--
            ``(1) Technical advisory committee.--
                    ``(A) Establishment.--There is established an ad 
                hoc committee to be known as the `Physician-Focused 
                Payment Model Technical Advisory Committee' (referred 
                to in this subsection as the `Committee').
                    ``(B) Membership.--
                            ``(i) Number and appointment.--The 
                        Committee shall be composed of 11 members 
                        appointed by the Comptroller General of the 
                        United States.
                            ``(ii) Qualifications.--The membership of 
                        the Committee shall include individuals with 
                        national recognition for their expertise in 
                        physician-focused payment models and related 
                        delivery of care. No more than 5 members of the 
                        Committee shall be providers of services or 
                        suppliers, or representatives of providers of 
                        services or suppliers.
                            ``(iii) Prohibition on federal 
                        employment.--A member of the Committee shall 
                        not be an employee of the Federal Government.
                            ``(iv) Ethics disclosure.--The Comptroller 
                        General shall establish a system for public 
                        disclosure by members of the Committee of 
                        financial and other potential conflicts of 
                        interest relating to such members. Members of 
                        the Committee shall be treated as employees of 
                        Congress for purposes of applying title I of 
                        the Ethics in Government Act of 1978 (Public 
                        Law 95-521).
                            ``(v) Date of initial appointments.--The 
                        initial appointments of members of the 
                        Committee shall be made by not later than 180 
                        days after the date of enactment of this 
                        subsection.
                    ``(C) Term; vacancies.--
                            ``(i) Term.--The terms of members of the 
                        Committee shall be for 3 years except that the 
                        Comptroller General shall designate staggered 
                        terms for the members first appointed.
                            ``(ii) Vacancies.--Any member appointed to 
                        fill a vacancy occurring before the expiration 
                        of the term for which the member's predecessor 
                        was appointed shall be appointed only for the 
                        remainder of that term. A member may serve 
                        after the expiration of that member's term 
                        until a successor has taken office. A vacancy 
                        in the Committee shall be filled in the manner 
                        in which the original appointment was made.
                    ``(D) Duties.--The Committee shall meet, as needed, 
                to provide comments and recommendations to the 
                Secretary, as described in paragraph (2)(C), on 
                physician-focused payment models.
                    ``(E) Compensation of members.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), a member of the Committee shall 
                        serve without compensation.
                            ``(ii) Travel expenses.--A member of the 
                        Committee shall be allowed travel expenses, 
                        including per diem in lieu of subsistence, at 
                        rates authorized for an employee of an agency 
                        under subchapter I of chapter 57 of title 5, 
                        United States Code, while away from the home or 
                        regular place of business of the member in the 
                        performance of the duties of the Committee.
                    ``(F) Operational and technical support.--
                            ``(i) In general.--The Assistant Secretary 
                        for Planning and Evaluation shall provide 
                        technical and operational support for the 
                        Committee, which may be by use of a contractor. 
                        The Office of the Actuary of the Centers for 
                        Medicare & Medicaid Services shall provide to 
                        the Committee actuarial assistance as needed.
                            ``(ii) Funding.--The Secretary shall 
                        provide for the transfer, from the Federal 
                        Supplementary Medical Insurance Trust Fund 
                        under section 1841, such amounts as are 
                        necessary to carry out this paragraph (not to 
                        exceed $5,000,000) for fiscal year 2015 and 
                        each subsequent fiscal year. Any amounts 
                        transferred under the preceding sentence for a 
                        fiscal year shall remain available until 
                        expended.
                    ``(G) Application.--Section 14 of the Federal 
                Advisory Committee Act (5 U.S.C. App.) shall not apply 
                to the Committee.
            ``(2) Criteria and process for submission and review of 
        physician-focused payment models.--
                    ``(A) Criteria for assessing physician-focused 
                payment models.--
                            ``(i) Rulemaking.--Not later than November 
                        1, 2016, the Secretary shall, through notice 
                        and comment rulemaking, following a request for 
                        information, establish criteria for physician-
                        focused payment models, including models for 
                        specialist physicians, that could be used by 
                        the Committee for making comments and 
                        recommendations pursuant to paragraph (1)(D).
                            ``(ii) MedPAC submission of comments.--
                        During the comment period for the proposed rule 
                        described in clause (i), the Medicare Payment 
                        Advisory Commission may submit comments to the 
                        Secretary on the proposed criteria under such 
                        clause.
                            ``(iii) Updating.--The Secretary may update 
                        the criteria established under this 
                        subparagraph through rulemaking.
                    ``(B) Stakeholder submission of physician-focused 
                payment models.--On an ongoing basis, individuals and 
                stakeholder entities may submit to the Committee 
                proposals for physician-focused payment models that 
                such individuals and entities believe meet the criteria 
                described in subparagraph (A).
                    ``(C) Committee review of models submitted.--The 
                Committee shall, on a periodic basis, review models 
                submitted under subparagraph (B), prepare comments and 
                recommendations regarding whether such models meet the 
                criteria described in subparagraph (A), and submit such 
                comments and recommendations to the Secretary.
                    ``(D) Secretary review and response.--The Secretary 
                shall review the comments and recommendations submitted 
                by the Committee under subparagraph (C) and post a 
                detailed response to such comments and recommendations 
                on the Internet website of the Centers for Medicare & 
                Medicaid Services.
            ``(3) Rule of construction.--Nothing in this subsection 
        shall be construed to impact the development or testing of 
        models under this title or titles XI, XIX, or XXI.''.
            (2) Incentive payments for participation in eligible 
        alternative payment models.--Section 1833 of the Social 
        Security Act (42 U.S.C. 1395l) is amended by adding at the end 
        the following new subsection:
    ``(z) Incentive Payments for Participation in Eligible Alternative 
Payment Models.--
            ``(1) Payment incentive.--
                    ``(A) In general.--In the case of covered 
                professional services furnished by an eligible 
                professional during a year that is in the period 
                beginning with 2019 and ending with 2024 and for which 
                the professional is a qualifying APM participant with 
                respect to such year, in addition to the amount of 
                payment that would otherwise be made for such covered 
                professional services under this part for such year, 
                there also shall be paid to such professional an amount 
                equal to 5 percent of the estimated aggregate payment 
                amounts for such covered professional services under 
                this part for the preceding year. For purposes of the 
                previous sentence, the payment amount for the preceding 
                year may be an estimation for the full preceding year 
                based on a period of such preceding year that is less 
                than the full year. The Secretary shall establish 
                policies to implement this subparagraph in cases in 
                which payment for covered professional services 
                furnished by a qualifying APM participant in an 
                alternative payment model--
                            ``(i) is made to an eligible alternative 
                        payment entity rather than directly to the 
                        qualifying APM participant; or
                            ``(ii) is made on a basis other than a fee-
                        for-service basis (such as payment on a 
                        capitated basis).
                    ``(B) Form of payment.--Payments under this 
                subsection shall be made in a lump sum, on an annual 
                basis, as soon as practicable.
                    ``(C) Treatment of payment incentive.--Payments 
                under this subsection shall not be taken into account 
                for purposes of determining actual expenditures under 
                an alternative payment model and for purposes of 
                determining or rebasing any benchmarks used under the 
                alternative payment model.
                    ``(D) Coordination.--The amount of the additional 
                payment under this subsection or subsection (m) shall 
                be determined without regard to any additional payment 
                under subsection (m) and this subsection, respectively. 
                The amount of the additional payment under this 
                subsection or subsection (x) shall be determined 
                without regard to any additional payment under 
                subsection (x) and this subsection, respectively. The 
                amount of the additional payment under this subsection 
                or subsection (y) shall be determined without regard to 
                any additional payment under subsection (y) and this 
                subsection, respectively.
            ``(2) Qualifying apm participant.--For purposes of this 
        subsection, the term `qualifying APM participant' means the 
        following:
                    ``(A) 2019 and 2020.--With respect to 2019 and 
                2020, an eligible professional for whom the Secretary 
                determines that at least 25 percent of payments under 
                this part for covered professional services furnished 
                by such professional during the most recent period for 
                which data are available (which may be less than a 
                year) were attributable to such services furnished 
                under this part through an eligible alternative payment 
                entity.
                    ``(B) 2021 and 2022.--With respect to 2021 and 
                2022, an eligible professional described in either of 
                the following clauses:
                            ``(i) Medicare payment threshold option.--
                        An eligible professional for whom the Secretary 
                        determines that at least 50 percent of payments 
                        under this part for covered professional 
                        services furnished by such professional during 
                        the most recent period for which data are 
                        available (which may be less than a year) were 
                        attributable to such services furnished under 
                        this part through an eligible alternative 
                        payment entity.
                            ``(ii) Combination all-payer and medicare 
                        payment threshold option.--An eligible 
                        professional--
                                    ``(I) for whom the Secretary 
                                determines, with respect to items and 
                                services furnished by such professional 
                                during the most recent period for which 
                                data are available (which may be less 
                                than a year), that at least 50 percent 
                                of the sum of--
                                            ``(aa) payments described 
                                        in clause (i); and
                                            ``(bb) all other payments, 
                                        regardless of payer (other than 
                                        payments made by the Secretary 
                                        of Defense or the Secretary of 
                                        Veterans Affairs and other than 
                                        payments made under title XIX 
                                        in a State in which no medical 
                                        home or alternative payment 
                                        model is available under the 
                                        State program under that 
                                        title),
                                meet the requirement described in 
                                clause (iii)(I) with respect to 
                                payments described in item (aa) and 
                                meet the requirement described in 
                                clause (iii)(II) with respect to 
                                payments described in item (bb);
                                    ``(II) for whom the Secretary 
                                determines at least 25 percent of 
                                payments under this part for covered 
                                professional services furnished by such 
                                professional during the most recent 
                                period for which data are available 
                                (which may be less than a year) were 
                                attributable to such services furnished 
                                under this part through an eligible 
                                alternative payment entity; and
                                    ``(III) who provides to the 
                                Secretary such information as is 
                                necessary for the Secretary to make a 
                                determination under subclause (I), with 
                                respect to such professional.
                            ``(iii) Requirement.--For purposes of 
                        clause (ii)(I)--
                                    ``(I) the requirement described in 
                                this subclause, with respect to 
                                payments described in item (aa) of such 
                                clause, is that such payments are made 
                                to an eligible alternative payment 
                                entity; and
                                    ``(II) the requirement described in 
                                this subclause, with respect to 
                                payments described in item (bb) of such 
                                clause, is that such payments are made 
                                under arrangements in which--
                                            ``(aa) quality measures 
                                        comparable to measures under 
                                        the performance category 
                                        described in section 
                                        1848(q)(2)(B)(i) apply;
                                            ``(bb) certified EHR 
                                        technology is used; and
                                            ``(cc) the eligible 
                                        professional participates in an 
                                        entity that--

                                                    ``(AA) bears more 
                                                than nominal financial 
                                                risk if actual 
                                                aggregate expenditures 
                                                exceeds expected 
                                                aggregate expenditures; 
                                                or

                                                    ``(BB) with respect 
                                                to beneficiaries under 
                                                title XIX, is a medical 
                                                home that meets 
                                                criteria comparable to 
                                                medical homes expanded 
                                                under section 1115A(c).

                    ``(C) Beginning in 2023.--With respect to 2023 and 
                each subsequent year, an eligible professional 
                described in either of the following clauses:
                            ``(i) Medicare payment threshold option.--
                        An eligible professional for whom the Secretary 
                        determines that at least 75 percent of payments 
                        under this part for covered professional 
                        services furnished by such professional during 
                        the most recent period for which data are 
                        available (which may be less than a year) were 
                        attributable to such services furnished under 
                        this part through an eligible alternative 
                        payment entity.
                            ``(ii) Combination all-payer and medicare 
                        payment threshold option.--An eligible 
                        professional--
                                    ``(I) for whom the Secretary 
                                determines, with respect to items and 
                                services furnished by such professional 
                                during the most recent period for which 
                                data are available (which may be less 
                                than a year), that at least 75 percent 
                                of the sum of--
                                            ``(aa) payments described 
                                        in clause (i); and
                                            ``(bb) all other payments, 
                                        regardless of payer (other than 
                                        payments made by the Secretary 
                                        of Defense or the Secretary of 
                                        Veterans Affairs and other than 
                                        payments made under title XIX 
                                        in a State in which no medical 
                                        home or alternative payment 
                                        model is available under the 
                                        State program under that 
                                        title),
                                meet the requirement described in 
                                clause (iii)(I) with respect to 
                                payments described in item (aa) and 
                                meet the requirement described in 
                                clause (iii)(II) with respect to 
                                payments described in item (bb);
                                    ``(II) for whom the Secretary 
                                determines at least 25 percent of 
                                payments under this part for covered 
                                professional services furnished by such 
                                professional during the most recent 
                                period for which data are available 
                                (which may be less than a year) were 
                                attributable to such services furnished 
                                under this part through an eligible 
                                alternative payment entity; and
                                    ``(III) who provides to the 
                                Secretary such information as is 
                                necessary for the Secretary to make a 
                                determination under subclause (I), with 
                                respect to such professional.
                            ``(iii) Requirement.--For purposes of 
                        clause (ii)(I)--
                                    ``(I) the requirement described in 
                                this subclause, with respect to 
                                payments described in item (aa) of such 
                                clause, is that such payments are made 
                                to an eligible alternative payment 
                                entity; and
                                    ``(II) the requirement described in 
                                this subclause, with respect to 
                                payments described in item (bb) of such 
                                clause, is that such payments are made 
                                under arrangements in which--
                                            ``(aa) quality measures 
                                        comparable to measures under 
                                        the performance category 
                                        described in section 
                                        1848(q)(2)(B)(i) apply;
                                            ``(bb) certified EHR 
                                        technology is used; and
                                            ``(cc) the eligible 
                                        professional participates in an 
                                        entity that--

                                                    ``(AA) bears more 
                                                than nominal financial 
                                                risk if actual 
                                                aggregate expenditures 
                                                exceeds expected 
                                                aggregate expenditures; 
                                                or

                                                    ``(BB) with respect 
                                                to beneficiaries under 
                                                title XIX, is a medical 
                                                home that meets 
                                                criteria comparable to 
                                                medical homes expanded 
                                                under section 1115A(c).

                    ``(D) Use of patient approach.--The Secretary may 
                base the determination of whether an eligible 
                professional is a qualifying APM participant under this 
                subsection and the determination of whether an eligible 
                professional is a partial qualifying APM participant 
                under section 1848(q)(1)(C)(iii) by using counts of 
                patients in lieu of using payments and using the same 
                or similar percentage criteria (as specified in this 
                subsection and such section, respectively), as the 
                Secretary determines appropriate.
            ``(3) Additional definitions.--In this subsection:
                    ``(A) Covered professional services.--The term 
                `covered professional services' has the meaning given 
                that term in section 1848(k)(3)(A).
                    ``(B) Eligible professional.--The term `eligible 
                professional' has the meaning given that term in 
                section 1848(k)(3)(B) and includes a group that 
                includes such professionals.
                    ``(C) Alternative payment model (apm).--The term 
                `alternative payment model' means, other than for 
                purposes of subparagraphs (B)(ii)(I)(bb) and 
                (C)(ii)(I)(bb) of paragraph (2), any of the following:
                            ``(i) A model under section 1115A (other 
                        than a health care innovation award).
                            ``(ii) The shared savings program under 
                        section 1899.
                            ``(iii) A demonstration under section 
                        1866C.
                            ``(iv) A demonstration required by Federal 
                        law.
                    ``(D) Eligible alternative payment entity.--The 
                term `eligible alternative payment entity' means, with 
                respect to a year, an entity that--
                            ``(i) participates in an alternative 
                        payment model that--
                                    ``(I) requires participants in such 
                                model to use certified EHR technology 
                                (as defined in subsection (o)(4)); and
                                    ``(II) provides for payment for 
                                covered professional services based on 
                                quality measures comparable to measures 
                                under the performance category 
                                described in section 1848(q)(2)(B)(i); 
                                and
                            ``(ii)(I) bears financial risk for monetary 
                        losses under such alternative payment model 
                        that are in excess of a nominal amount; or
                            ``(II) is a medical home expanded under 
                        section 1115A(c).
            ``(4) Limitation.--There shall be no administrative or 
        judicial review under section 1869, 1878, or otherwise, of the 
        following:
                    ``(A) The determination that an eligible 
                professional is a qualifying APM participant under 
                paragraph (2) and the determination that an entity is 
                an eligible alternative payment entity under paragraph 
                (3)(D).
                    ``(B) The determination of the amount of the 5 
                percent payment incentive under paragraph (1)(A), 
                including any estimation as part of such 
                determination.''.
            (3) Coordination conforming amendments.--Section 1833 of 
        the Social Security Act (42 U.S.C. 1395l) is further amended--
                    (A) in subsection (x)(3), by adding at the end the 
                following new sentence: ``The amount of the additional 
                payment for a service under this subsection and 
                subsection (z) shall be determined without regard to 
                any additional payment for the service under subsection 
                (z) and this subsection, respectively.''; and
                    (B) in subsection (y)(3), by adding at the end the 
                following new sentence: ``The amount of the additional 
                payment for a service under this subsection and 
                subsection (z) shall be determined without regard to 
                any additional payment for the service under subsection 
                (z) and this subsection, respectively.''.
            (4) Encouraging development and testing of certain 
        models.--Section 1115A(b)(2) of the Social Security Act (42 
        U.S.C. 1315a(b)(2)) is amended--
                    (A) in subparagraph (B), by adding at the end the 
                following new clauses:
                            ``(xxi) Focusing primarily on physicians' 
                        services (as defined in section 1848(j)(3)) 
                        furnished by physicians who are not primary 
                        care practitioners.
                            ``(xxii) Focusing on practices of 15 or 
                        fewer professionals.
                            ``(xxiii) Focusing on risk-based models for 
                        small physician practices which may involve 
                        two-sided risk and prospective patient 
                        assignment, and which examine risk-adjusted 
                        decreases in mortality rates, hospital 
                        readmissions rates, and other relevant and 
                        appropriate clinical measures.
                            ``(xxiv) Focusing primarily on title XIX, 
                        working in conjunction with the Center for 
                        Medicaid and CHIP Services.''; and
                    (B) in subparagraph (C)(viii), by striking ``other 
                public sector or private sector payers'' and inserting 
                ``other public sector payers, private sector payers, or 
                Statewide payment models''.
            (5) Construction regarding telehealth services.--Nothing in 
        the provisions of, or amendments made by, this Act shall be 
        construed as precluding an alternative payment model or a 
        qualifying APM participant (as those terms are defined in 
        section 1833(z) of the Social Security Act, as added by 
        paragraph (1)) from furnishing a telehealth service for which 
        payment is not made under section 1834(m) of the Social 
        Security Act (42 U.S.C. 1395m(m)).
            (6) Integrating medicare advantage alternative payment 
        models.--Not later than July 1, 2016, the Secretary of Health 
        and Human Services shall submit to Congress a study that 
        examines the feasibility of integrating alternative payment 
        models in the Medicare Advantage payment system. The study 
        shall include the feasibility of including a value-based 
        modifier and whether such modifier should be budget neutral.
            (7) Study and report on fraud related to alternative 
        payment models under the medicare program.--
                    (A) Study.--The Secretary of Health and Human 
                Services, in consultation with the Inspector General of 
                the Department of Health and Human Services, shall 
                conduct a study that--
                            (i) examines the applicability of the 
                        Federal fraud prevention laws to items and 
                        services furnished under title XVIII of the 
                        Social Security Act for which payment is made 
                        under an alternative payment model (as defined 
                        in section 1833(z)(3)(C) of such Act (42 U.S.C. 
                        1395l(z)(3)(C)));
                            (ii) identifies aspects of such alternative 
                        payment models that are vulnerable to 
                        fraudulent activity; and
                            (iii) examines the implications of waivers 
                        to such laws granted in support of such 
                        alternative payment models, including under any 
                        potential expansion of such models.
                    (B) Report.--Not later than 2 years after the date 
                of the enactment of this Act, the Secretary shall 
                submit to Congress a report containing the results of 
                the study conducted under subparagraph (A). Such report 
                shall include recommendations for actions to be taken 
                to reduce the vulnerability of such alternative payment 
                models to fraudulent activity. Such report also shall 
                include, as appropriate, recommendations of the 
                Inspector General for changes in Federal fraud 
                prevention laws to reduce such vulnerability.
    (f) Collaborating With the Physician, Practitioner, and Other 
Stakeholder Communities To Improve Resource Use Measurement.--Section 
1848 of the Social Security Act (42 U.S.C. 1395w-4), as amended by 
subsection (c), is further amended by adding at the end the following 
new subsection:
    ``(r) Collaborating With the Physician, Practitioner, and Other 
Stakeholder Communities To Improve Resource Use Measurement.--
            ``(1) In general.--In order to involve the physician, 
        practitioner, and other stakeholder communities in enhancing 
        the infrastructure for resource use measurement, including for 
        purposes of the Merit-based Incentive Payment System under 
        subsection (q) and alternative payment models under section 
        1833(z), the Secretary shall undertake the steps described in 
        the succeeding provisions of this subsection.
            ``(2) Development of care episode and patient condition 
        groups and classification codes.--
                    ``(A) In general.--In order to classify similar 
                patients into care episode groups and patient condition 
                groups, the Secretary shall undertake the steps 
                described in the succeeding provisions of this 
                paragraph.
                    ``(B) Public availability of existing efforts to 
                design an episode grouper.--Not later than 180 days 
                after the date of the enactment of this subsection, the 
                Secretary shall post on the Internet website of the 
                Centers for Medicare & Medicaid Services a list of the 
                episode groups developed pursuant to subsection 
                (n)(9)(A) and related descriptive information.
                    ``(C) Stakeholder input.--The Secretary shall 
                accept, through the date that is 120 days after the day 
                the Secretary posts the list pursuant to subparagraph 
                (B), suggestions from physician specialty societies, 
                applicable practitioner organizations, and other 
                stakeholders for episode groups in addition to those 
                posted pursuant to such subparagraph, and specific 
                clinical criteria and patient characteristics to 
                classify patients into--
                            ``(i) care episode groups; and
                            ``(ii) patient condition groups.
                    ``(D) Development of proposed classification 
                codes.--
                            ``(i) In general.--Taking into account the 
                        information described in subparagraph (B) and 
                        the information received under subparagraph 
                        (C), the Secretary shall--
                                    ``(I) establish care episode groups 
                                and patient condition groups, which 
                                account for a target of an estimated 
                                \1/2\ of expenditures under parts A and 
                                B (with such target increasing over 
                                time as appropriate); and
                                    ``(II) assign codes to such groups.
                            ``(ii) Care episode groups.--In 
                        establishing the care episode groups under 
                        clause (i), the Secretary shall take into 
                        account--
                                    ``(I) the patient's clinical 
                                problems at the time items and services 
                                are furnished during an episode of 
                                care, such as the clinical conditions 
                                or diagnoses, whether or not inpatient 
                                hospitalization occurs, and the 
                                principal procedures or services 
                                furnished; and
                                    ``(II) other factors determined 
                                appropriate by the Secretary.
                            ``(iii) Patient condition groups.--In 
                        establishing the patient condition groups under 
                        clause (i), the Secretary shall take into 
                        account--
                                    ``(I) the patient's clinical 
                                history at the time of a medical visit, 
                                such as the patient's combination of 
                                chronic conditions, current health 
                                status, and recent significant history 
                                (such as hospitalization and major 
                                surgery during a previous period, such 
                                as 3 months); and
                                    ``(II) other factors determined 
                                appropriate by the Secretary, such as 
                                eligibility status under this title 
                                (including eligibility under section 
                                226(a), 226(b), or 226A, and dual 
                                eligibility under this title and title 
                                XIX).
                    ``(E) Draft care episode and patient condition 
                groups and classification codes.--Not later than 270 
                days after the end of the comment period described in 
                subparagraph (C), the Secretary shall post on the 
                Internet website of the Centers for Medicare & Medicaid 
                Services a draft list of the care episode and patient 
                condition codes established under subparagraph (D) (and 
                the criteria and characteristics assigned to such 
                code).
                    ``(F) Solicitation of input.--The Secretary shall 
                seek, through the date that is 120 days after the 
                Secretary posts the list pursuant to subparagraph (E), 
                comments from physician specialty societies, applicable 
                practitioner organizations, and other stakeholders, 
                including representatives of individuals entitled to 
                benefits under part A or enrolled under this part, 
                regarding the care episode and patient condition groups 
                (and codes) posted under subparagraph (E). In seeking 
                such comments, the Secretary shall use one or more 
                mechanisms (other than notice and comment rulemaking) 
                that may include use of open door forums, town hall 
                meetings, or other appropriate mechanisms.
                    ``(G) Operational list of care episode and patient 
                condition groups and codes.--Not later than 270 days 
                after the end of the comment period described in 
                subparagraph (F), taking into account the comments 
                received under such subparagraph, the Secretary shall 
                post on the Internet website of the Centers for 
                Medicare & Medicaid Services an operational list of 
                care episode and patient condition codes (and the 
                criteria and characteristics assigned to such code).
                    ``(H) Subsequent revisions.--Not later than 
                November 1 of each year (beginning with 2018), the 
                Secretary shall, through rulemaking, make revisions to 
                the operational lists of care episode and patient 
                condition codes as the Secretary determines may be 
                appropriate. Such revisions may be based on experience, 
                new information developed pursuant to subsection 
                (n)(9)(A), and input from the physician specialty 
                societies, applicable practitioner organizations, and 
                other stakeholders, including representatives of 
                individuals entitled to benefits under part A or 
                enrolled under this part.
            ``(3) Attribution of patients to physicians or 
        practitioners.--
                    ``(A) In general.--In order to facilitate the 
                attribution of patients and episodes (in whole or in 
                part) to one or more physicians or applicable 
                practitioners furnishing items and services, the 
                Secretary shall undertake the steps described in the 
                succeeding provisions of this paragraph.
                    ``(B) Development of patient relationship 
                categories and codes.--The Secretary shall develop 
                patient relationship categories and codes that define 
                and distinguish the relationship and responsibility of 
                a physician or applicable practitioner with a patient 
                at the time of furnishing an item or service. Such 
                patient relationship categories shall include different 
                relationships of the physician or applicable 
                practitioner to the patient (and the codes may reflect 
                combinations of such categories), such as a physician 
                or applicable practitioner who--
                            ``(i) considers themself to have the 
                        primary responsibility for the general and 
                        ongoing care for the patient over extended 
                        periods of time;
                            ``(ii) considers themself to be the lead 
                        physician or practitioner and who furnishes 
                        items and services and coordinates care 
                        furnished by other physicians or practitioners 
                        for the patient during an acute episode;
                            ``(iii) furnishes items and services to the 
                        patient on a continuing basis during an acute 
                        episode of care, but in a supportive rather 
                        than a lead role;
                            ``(iv) furnishes items and services to the 
                        patient on an occasional basis, usually at the 
                        request of another physician or practitioner; 
                        or
                            ``(v) furnishes items and services only as 
                        ordered by another physician or practitioner.
                    ``(C) Draft list of patient relationship categories 
                and codes.--Not later than one year after the date of 
                the enactment of this subsection, the Secretary shall 
                post on the Internet website of the Centers for 
                Medicare & Medicaid Services a draft list of the 
                patient relationship categories and codes developed 
                under subparagraph (B).
                    ``(D) Stakeholder input.--The Secretary shall seek, 
                through the date that is 120 days after the Secretary 
                posts the list pursuant to subparagraph (C), comments 
                from physician specialty societies, applicable 
                practitioner organizations, and other stakeholders, 
                including representatives of individuals entitled to 
                benefits under part A or enrolled under this part, 
                regarding the patient relationship categories and codes 
                posted under subparagraph (C). In seeking such 
                comments, the Secretary shall use one or more 
                mechanisms (other than notice and comment rulemaking) 
                that may include open door forums, town hall meetings, 
                web-based forums, or other appropriate mechanisms.
                    ``(E) Operational list of patient relationship 
                categories and codes.--Not later than 240 days after 
                the end of the comment period described in subparagraph 
                (D), taking into account the comments received under 
                such subparagraph, the Secretary shall post on the 
                Internet website of the Centers for Medicare & Medicaid 
                Services an operational list of patient relationship 
                categories and codes.
                    ``(F) Subsequent revisions.--Not later than 
                November 1 of each year (beginning with 2018), the 
                Secretary shall, through rulemaking, make revisions to 
                the operational list of patient relationship categories 
                and codes as the Secretary determines appropriate. Such 
                revisions may be based on experience, new information 
                developed pursuant to subsection (n)(9)(A), and input 
                from the physician specialty societies, applicable 
                practitioner organizations, and other stakeholders, 
                including representatives of individuals entitled to 
                benefits under part A or enrolled under this part.
            ``(4) Reporting of information for resource use 
        measurement.--Claims submitted for items and services furnished 
        by a physician or applicable practitioner on or after January 
        1, 2018, shall, as determined appropriate by the Secretary, 
        include--
                    ``(A) applicable codes established under paragraphs 
                (2) and (3); and
                    ``(B) the national provider identifier of the 
                ordering physician or applicable practitioner (if 
                different from the billing physician or applicable 
                practitioner).
            ``(5) Methodology for resource use analysis.--
                    ``(A) In general.--In order to evaluate the 
                resources used to treat patients (with respect to care 
                episode and patient condition groups), the Secretary 
                shall, as the Secretary determines appropriate--
                            ``(i) use the patient relationship codes 
                        reported on claims pursuant to paragraph (4) to 
                        attribute patients (in whole or in part) to one 
                        or more physicians and applicable 
                        practitioners;
                            ``(ii) use the care episode and patient 
                        condition codes reported on claims pursuant to 
                        paragraph (4) as a basis to compare similar 
                        patients and care episodes and patient 
                        condition groups; and
                            ``(iii) conduct an analysis of resource use 
                        (with respect to care episodes and patient 
                        condition groups of such patients).
                    ``(B) Analysis of patients of physicians and 
                practitioners.--In conducting the analysis described in 
                subparagraph (A)(iii) with respect to patients 
                attributed to physicians and applicable practitioners, 
                the Secretary shall, as feasible--
                            ``(i) use the claims data experience of 
                        such patients by patient condition codes during 
                        a common period, such as 12 months; and
                            ``(ii) use the claims data experience of 
                        such patients by care episode codes--
                                    ``(I) in the case of episodes 
                                without a hospitalization, during 
                                periods of time (such as the number of 
                                days) determined appropriate by the 
                                Secretary; and
                                    ``(II) in the case of episodes with 
                                a hospitalization, during periods of 
                                time (such as the number of days) 
                                before, during, and after the 
                                hospitalization.
                    ``(C) Measurement of resource use.--In measuring 
                such resource use, the Secretary--
                            ``(i) shall use per patient total allowed 
                        charges for all services under part A and this 
                        part (and, if the Secretary determines 
                        appropriate, part D) for the analysis of 
                        patient resource use, by care episode codes and 
                        by patient condition codes; and
                            ``(ii) may, as determined appropriate, use 
                        other measures of allowed charges (such as 
                        subtotals for categories of items and services) 
                        and measures of utilization of items and 
                        services (such as frequency of specific items 
                        and services and the ratio of specific items 
                        and services among attributed patients or 
                        episodes).
                    ``(D) Stakeholder input.--The Secretary shall seek 
                comments from the physician specialty societies, 
                applicable practitioner organizations, and other 
                stakeholders, including representatives of individuals 
                entitled to benefits under part A or enrolled under 
                this part, regarding the resource use methodology 
                established pursuant to this paragraph. In seeking 
                comments the Secretary shall use one or more mechanisms 
                (other than notice and comment rulemaking) that may 
                include open door forums, town hall meetings, web-based 
                forums, or other appropriate mechanisms.
            ``(6) Implementation.--To the extent that the Secretary 
        contracts with an entity to carry out any part of the 
        provisions of this subsection, the Secretary may not contract 
        with an entity or an entity with a subcontract if the entity or 
        subcontracting entity currently makes recommendations to the 
        Secretary on relative values for services under the fee 
        schedule for physicians' services under this section.
            ``(7) Limitation.--There shall be no administrative or 
        judicial review under section 1869, section 1878, or otherwise 
        of--
                    ``(A) care episode and patient condition groups and 
                codes established under paragraph (2);
                    ``(B) patient relationship categories and codes 
                established under paragraph (3); and
                    ``(C) measurement of, and analyses of resource use 
                with respect to, care episode and patient condition 
                codes and patient relationship codes pursuant to 
                paragraph (5).
            ``(8) Administration.--Chapter 35 of title 44, United 
        States Code, shall not apply to this section.
            ``(9) Definitions.--In this subsection:
                    ``(A) Physician.--The term `physician' has the 
                meaning given such term in section 1861(r)(1).
                    ``(B) Applicable practitioner.--The term 
                `applicable practitioner' means--
                            ``(i) a physician assistant, nurse 
                        practitioner, and clinical nurse specialist (as 
                        such terms are defined in section 1861(aa)(5)), 
                        and a certified registered nurse anesthetist 
                        (as defined in section 1861(bb)(2)); and
                            ``(ii) beginning January 1, 2019, such 
                        other eligible professionals (as defined in 
                        subsection (k)(3)(B)) as specified by the 
                        Secretary.
            ``(10) Clarification.--The provisions of sections 
        1890(b)(7) and 1890A shall not apply to this subsection.''.

SEC. 3. PRIORITIES AND FUNDING FOR MEASURE DEVELOPMENT.

    Section 1848 of the Social Security Act (42 U.S.C. 1395w-4), as 
amended by subsections (c) and (f) of section 2, is further amended by 
inserting at the end the following new subsection:
    ``(s) Priorities and Funding for Measure Development.--
            ``(1) Plan identifying measure development priorities and 
        timelines.--
                    ``(A) Draft measure development plan.--Not later 
                than January 1, 2016, the Secretary shall develop, and 
                post on the Internet website of the Centers for 
                Medicare & Medicaid Services, a draft plan for the 
                development of quality measures for application under 
                the applicable provisions (as defined in paragraph 
                (5)). Under such plan the Secretary shall--
                            ``(i) address how measures used by private 
                        payers and integrated delivery systems could be 
                        incorporated under title XVIII;
                            ``(ii) describe how coordination, to the 
                        extent possible, will occur across 
                        organizations developing such measures; and
                            ``(iii) take into account how clinical best 
                        practices and clinical practice guidelines 
                        should be used in the development of quality 
                        measures.
                    ``(B) Quality domains.--For purposes of this 
                subsection, the term `quality domains' means at least 
                the following domains:
                            ``(i) Clinical care.
                            ``(ii) Safety.
                            ``(iii) Care coordination.
                            ``(iv) Patient and caregiver experience.
                            ``(v) Population health and prevention.
                    ``(C) Consideration.--In developing the draft plan 
                under this paragraph, the Secretary shall consider--
                            ``(i) gap analyses conducted by the entity 
                        with a contract under section 1890(a) or other 
                        contractors or entities;
                            ``(ii) whether measures are applicable 
                        across health care settings;
                            ``(iii) clinical practice improvement 
                        activities submitted under subsection 
                        (q)(2)(C)(iv) for identifying possible areas 
                        for future measure development and identifying 
                        existing gaps with respect to such measures; 
                        and
                            ``(iv) the quality domains applied under 
                        this subsection.
                    ``(D) Priorities.--In developing the draft plan 
                under this paragraph, the Secretary shall give priority 
                to the following types of measures:
                            ``(i) Outcome measures, including patient 
                        reported outcome and functional status 
                        measures.
                            ``(ii) Patient experience measures.
                            ``(iii) Care coordination measures.
                            ``(iv) Measures of appropriate use of 
                        services, including measures of over use.
                    ``(E) Stakeholder input.--The Secretary shall 
                accept through March 1, 2016, comments on the draft 
                plan posted under paragraph (1)(A) from the public, 
                including health care providers, payers, consumers, and 
                other stakeholders.
                    ``(F) Final measure development plan.--Not later 
                than May 1, 2016, taking into account the comments 
                received under this subparagraph, the Secretary shall 
                finalize the plan and post on the Internet website of 
                the Centers for Medicare & Medicaid Services an 
                operational plan for the development of quality 
                measures for use under the applicable provisions. Such 
                plan shall be updated as appropriate.
            ``(2) Contracts and other arrangements for quality measure 
        development.--
                    ``(A) In general.--The Secretary shall enter into 
                contracts or other arrangements with entities for the 
                purpose of developing, improving, updating, or 
                expanding in accordance with the plan under paragraph 
                (1) quality measures for application under the 
                applicable provisions. Such entities shall include 
                organizations with quality measure development 
                expertise.
                    ``(B) Prioritization.--
                            ``(i) In general.--In entering into 
                        contracts or other arrangements under 
                        subparagraph (A), the Secretary shall give 
                        priority to the development of the types of 
                        measures described in paragraph (1)(D).
                            ``(ii) Consideration.--In selecting 
                        measures for development under this subsection, 
                        the Secretary shall consider--
                                    ``(I) whether such measures would 
                                be electronically specified; and
                                    ``(II) clinical practice guidelines 
                                to the extent that such guidelines 
                                exist.
            ``(3) Annual report by the secretary.--
                    ``(A) In general.--Not later than May 1, 2017, and 
                annually thereafter, the Secretary shall post on the 
                Internet website of the Centers for Medicare & Medicaid 
                Services a report on the progress made in developing 
                quality measures for application under the applicable 
                provisions.
                    ``(B) Requirements.--Each report submitted pursuant 
                to subparagraph (A) shall include the following:
                            ``(i) A description of the Secretary's 
                        efforts to implement this paragraph.
                            ``(ii) With respect to the measures 
                        developed during the previous year--
                                    ``(I) a description of the total 
                                number of quality measures developed 
                                and the types of such measures, such as 
                                an outcome or patient experience 
                                measure;
                                    ``(II) the name of each measure 
                                developed;
                                    ``(III) the name of the developer 
                                and steward of each measure;
                                    ``(IV) with respect to each type of 
                                measure, an estimate of the total 
                                amount expended under this title to 
                                develop all measures of such type; and
                                    ``(V) whether the measure would be 
                                electronically specified.
                            ``(iii) With respect to measures in 
                        development at the time of the report--
                                    ``(I) the information described in 
                                clause (ii), if available; and
                                    ``(II) a timeline for completion of 
                                the development of such measures.
                            ``(iv) A description of any updates to the 
                        plan under paragraph (1) (including newly 
                        identified gaps and the status of previously 
                        identified gaps) and the inventory of measures 
                        applicable under the applicable provisions.
                            ``(v) Other information the Secretary 
                        determines to be appropriate.
            ``(4) Stakeholder input.--With respect to paragraph (1), 
        the Secretary shall seek stakeholder input with respect to--
                    ``(A) the identification of gaps where no quality 
                measures exist, particularly with respect to the types 
                of measures described in paragraph (1)(D);
                    ``(B) prioritizing quality measure development to 
                address such gaps; and
                    ``(C) other areas related to quality measure 
                development determined appropriate by the Secretary.
            ``(5) Definition of applicable provisions.--In this 
        subsection, the term `applicable provisions' means the 
        following provisions:
                    ``(A) Subsection (q)(2)(B)(i).
                    ``(B) Section 1833(z)(2)(C).
            ``(6) Funding.--For purposes of carrying out this 
        subsection, the Secretary shall provide for the transfer, from 
        the Federal Supplementary Medical Insurance Trust Fund under 
        section 1841, of $15,000,000 to the Centers for Medicare & 
        Medicaid Services Program Management Account for each of fiscal 
        years 2015 through 2019. Amounts transferred under this 
        paragraph shall remain available through the end of fiscal year 
        2022.
            ``(7) Administration.--Chapter 35 of title 44, United 
        States Code, shall not apply to the collection of information 
        for the development of quality measures.''.

SEC. 4. ENCOURAGING CARE MANAGEMENT FOR INDIVIDUALS WITH CHRONIC CARE 
              NEEDS.

    (a) In General.--Section 1848(b) of the Social Security Act (42 
U.S.C. 1395w-4(b)) is amended by adding at the end the following new 
paragraph:
            ``(8) Encouraging care management for individuals with 
        chronic care needs.--
                    ``(A) In general.--In order to encourage the 
                management of care for individuals with chronic care 
                needs the Secretary shall, subject to subparagraph (B), 
                make payment (as the Secretary determines to be 
                appropriate) under this section for chronic care 
                management services furnished on or after January 1, 
                2015, by a physician (as defined in section 
                1861(r)(1)), physician assistant or nurse practitioner 
                (as defined in section 1861(aa)(5)(A)), clinical nurse 
                specialist (as defined in section 1861(aa)(5)(B)), or 
                certified nurse midwife (as defined in section 
                1861(gg)(2)).
                    ``(B) Policies relating to payment.--In carrying 
                out this paragraph, with respect to chronic care 
                management services, the Secretary shall--
                            ``(i) make payment to only one applicable 
                        provider for such services furnished to an 
                        individual during a period;
                            ``(ii) not make payment under subparagraph 
                        (A) if such payment would be duplicative of 
                        payment that is otherwise made under this title 
                        for such services; and
                            ``(iii) not require that an annual wellness 
                        visit (as defined in section 1861(hhh)) or an 
                        initial preventive physical examination (as 
                        defined in section 1861(ww)) be furnished as a 
                        condition of payment for such management 
                        services.''.
    (b) Education and Outreach.--
            (1) Campaign.--
                    (A) In general.--The Secretary of Health and Human 
                Services (in this subsection referred to as the 
                ``Secretary'') shall conduct an education and outreach 
                campaign to inform professionals who furnish items and 
                services under part B of title XVIII of the Social 
                Security Act and individuals enrolled under such part 
                of the benefits of chronic care management services 
                described in section 1848(b)(8) of the Social Security 
                Act, as added by subsection (a), and encourage such 
                individuals with chronic care needs to receive such 
                services.
                    (B) Requirements.--Such campaign shall--
                            (i) be directed by the Office of Rural 
                        Health Policy of the Department of Health and 
                        Human Services and the Office of Minority 
                        Health of the Centers for Medicare & Medicaid 
                        Services; and
                            (ii) focus on encouraging participation by 
                        underserved rural populations and racial and 
                        ethnic minority populations.
            (2) Report.--Not later than December 31, 2017, the 
        Secretary shall submit to Congress a report on the use of 
        chronic care management services described in such section 
        1848(b)(8) by individuals living in rural areas and by racial 
        and ethnic minority populations. Such report shall--
                    (A) identify barriers to receiving chronic care 
                management services; and
                    (B) make recommendations for increasing the 
                appropriate use of chronic care management services.

SEC. 5. EMPOWERING BENEFICIARY CHOICES THROUGH CONTINUED ACCESS TO 
              INFORMATION ON PHYSICIANS' SERVICES.

    (a) In General.--On an annual basis (beginning with 2015), the 
Secretary shall make publicly available, in an easily understandable 
format, information with respect to physicians and, as appropriate, 
other eligible professionals on items and services furnished to 
Medicare beneficiaries under title XVIII of the Social Security Act (42 
U.S.C. 1395 et seq.).
    (b) Type and Manner of Information.--The information made available 
under this section shall be similar to the type of information in the 
Medicare Provider Utilization and Payment Data: Physician and Other 
Supplier Public Use File released by the Secretary with respect to 2012 
and shall be made available in a manner similar to the manner in which 
the information in such File is made available.
    (c) Requirements.--The information made available under this 
section shall include, at a minimum, the following:
            (1) Information on the number of services furnished by the 
        physician or other eligible professional under part B of title 
        XVIII of the Social Security Act (42 U.S.C. 1395j et seq.), 
        which may include information on the most frequent services 
        furnished or groupings of services.
            (2) Information on submitted charges and payments for 
        services under such part.
            (3) A unique identifier for the physician or other eligible 
        professional that is available to the public, such as a 
        national provider identifier.
    (d) Searchability.--The information made available under this 
section shall be searchable by at least the following:
            (1) The specialty or type of the physician or other 
        eligible professional.
            (2) Characteristics of the services furnished, such as 
        volume or groupings of services.
            (3) The location of the physician or other eligible 
        professional.
    (e) Integration on Physician Compare.--Beginning with 2016, the 
Secretary shall integrate the information made available under this 
section on Physician Compare.
    (f) Definitions.--In this section:
            (1) Eligible professional; physician; secretary.--The terms 
        ``eligible professional'', ``physician'', and ``Secretary'' 
        have the meaning given such terms in section 10331(i) of Public 
        Law 111-148.
            (2) Physician compare.--The term ``Physician Compare'' 
        means the Physician Compare Internet website of the Centers for 
        Medicare & Medicaid Services (or a successor website).

SEC. 6. EXPANDING AVAILABILITY OF MEDICARE DATA.

    (a) Expanding Uses of Medicare Data by Qualified Entities.--
            (1) Additional analyses.--
                    (A) In general.--Subject to subparagraph (B), to 
                the extent consistent with applicable information, 
                privacy, security, and disclosure laws (including 
                paragraph (3)), notwithstanding paragraph (4)(B) of 
                section 1874(e) of the Social Security Act (42 U.S.C. 
                1395kk(e)) and the second sentence of paragraph (4)(D) 
                of such section, beginning July 1, 2016, a qualified 
                entity may use the combined data described in paragraph 
                (4)(B)(iii) of such section received by such entity 
                under such section, and information derived from the 
                evaluation described in such paragraph (4)(D), to 
                conduct additional non-public analyses (as determined 
                appropriate by the Secretary) and provide or sell such 
                analyses to authorized users for non-public use 
                (including for the purposes of assisting providers of 
                services and suppliers to develop and participate in 
                quality and patient care improvement activities, 
                including developing new models of care).
                    (B) Limitations with respect to analyses.--
                            (i) Employers.--Any analyses provided or 
                        sold under subparagraph (A) to an employer 
                        described in paragraph (9)(A)(iii) may only be 
                        used by such employer for purposes of providing 
                        health insurance to employees and retirees of 
                        the employer.
                            (ii) Health insurance issuers.--A qualified 
                        entity may not provide or sell an analysis to a 
                        health insurance issuer described in paragraph 
                        (9)(A)(iv) unless the issuer is providing the 
                        qualified entity with data under section 
                        1874(e)(4)(B)(iii) of the Social Security Act 
                        (42 U.S.C. 1395kk(e)(4)(B)(iii)).
            (2) Access to certain data.--
                    (A) Access.--To the extent consistent with 
                applicable information, privacy, security, and 
                disclosure laws (including paragraph (3)), 
                notwithstanding paragraph (4)(B) of section 1874(e) of 
                the Social Security Act (42 U.S.C. 1395kk(e)) and the 
                second sentence of paragraph (4)(D) of such section, 
                beginning July 1, 2016, a qualified entity may--
                            (i) provide or sell the combined data 
                        described in paragraph (4)(B)(iii) of such 
                        section to authorized users described in 
                        clauses (i), (ii), and (v) of paragraph (9)(A) 
                        for non-public use, including for the purposes 
                        described in subparagraph (B); or
                            (ii) subject to subparagraph (C), provide 
                        Medicare claims data to authorized users 
                        described in clauses (i), (ii), and (v), of 
                        paragraph (9)(A) for non-public use, including 
                        for the purposes described in subparagraph (B).
                    (B) Purposes described.--The purposes described in 
                this subparagraph are assisting providers of services 
                and suppliers in developing and participating in 
                quality and patient care improvement activities, 
                including developing new models of care.
                    (C) Medicare claims data must be provided at no 
                cost.--A qualified entity may not charge a fee for 
                providing the data under subparagraph (A)(ii).
            (3) Protection of information.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an analysis or data that is provided or sold under 
                paragraph (1) or (2) shall not contain information that 
                individually identifies a patient.
                    (B) Information on patients of the provider of 
                services or supplier.--To the extent consistent with 
                applicable information, privacy, security, and 
                disclosure laws, an analysis or data that is provided 
                or sold to a provider of services or supplier under 
                paragraph (1) or (2) may contain information that 
                individually identifies a patient of such provider or 
                supplier, including with respect to items and services 
                furnished to the patient by other providers of services 
                or suppliers.
                    (C) Prohibition on using analyses or data for 
                marketing purposes.--An authorized user shall not use 
                an analysis or data provided or sold under paragraph 
                (1) or (2) for marketing purposes.
            (4) Data use agreement.--A qualified entity and an 
        authorized user described in clauses (i), (ii), and (v) of 
        paragraph (9)(A) shall enter into an agreement regarding the 
        use of any data that the qualified entity is providing or 
        selling to the authorized user under paragraph (2). Such 
        agreement shall describe the requirements for privacy and 
        security of the data and, as determined appropriate by the 
        Secretary, any prohibitions on using such data to link to other 
        individually identifiable sources of information. If the 
        authorized user is not a covered entity under the rules 
        promulgated pursuant to the Health Insurance Portability and 
        Accountability Act of 1996, the agreement shall identify the 
        relevant regulations, as determined by the Secretary, that the 
        user shall comply with as if it were acting in the capacity of 
        such a covered entity.
            (5) No redisclosure of analyses or data.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an authorized user that is provided or sold an 
                analysis or data under paragraph (1) or (2) shall not 
                redisclose or make public such analysis or data or any 
                analysis using such data.
                    (B) Permitted redisclosure.--A provider of services 
                or supplier that is provided or sold an analysis or 
                data under paragraph (1) or (2) may, as determined by 
                the Secretary, redisclose such analysis or data for the 
                purposes of performance improvement and care 
                coordination activities but shall not make public such 
                analysis or data or any analysis using such data.
            (6) Opportunity for providers of services and suppliers to 
        review.--Prior to a qualified entity providing or selling an 
        analysis to an authorized user under paragraph (1), to the 
        extent that such analysis would individually identify a 
        provider of services or supplier who is not being provided or 
        sold such analysis, such qualified entity shall provide such 
        provider or supplier with the opportunity to appeal and correct 
        errors in the manner described in section 1874(e)(4)(C)(ii) of 
        the Social Security Act (42 U.S.C. 1395kk(e)(4)(C)(ii)).
            (7) Assessment for a breach.--
                    (A) In general.--In the case of a breach of a data 
                use agreement under this section or section 1874(e) of 
                the Social Security Act (42 U.S.C. 1395kk(e)), the 
                Secretary shall impose an assessment on the qualified 
                entity both in the case of--
                            (i) an agreement between the Secretary and 
                        a qualified entity; and
                            (ii) an agreement between a qualified 
                        entity and an authorized user.
                    (B) Assessment.--The assessment under subparagraph 
                (A) shall be an amount up to $100 for each individual 
                entitled to, or enrolled for, benefits under part A of 
                title XVIII of the Social Security Act or enrolled for 
                benefits under part B of such title--
                            (i) in the case of an agreement described 
                        in subparagraph (A)(i), for whom the Secretary 
                        provided data on to the qualified entity under 
                        paragraph (2); and
                            (ii) in the case of an agreement described 
                        in subparagraph (A)(ii), for whom the qualified 
                        entity provided data on to the authorized user 
                        under paragraph (2).
                    (C) Deposit of amounts collected.--Any amounts 
                collected pursuant to this paragraph shall be deposited 
                in Federal Supplementary Medical Insurance Trust Fund 
                under section 1841 of the Social Security Act (42 
                U.S.C. 1395t).
            (8) Annual reports.--Any qualified entity that provides or 
        sells an analysis or data under paragraph (1) or (2) shall 
        annually submit to the Secretary a report that includes--
                    (A) a summary of the analyses provided or sold, 
                including the number of such analyses, the number of 
                purchasers of such analyses, and the total amount of 
                fees received for such analyses;
                    (B) a description of the topics and purposes of 
                such analyses;
                    (C) information on the entities who received the 
                data under paragraph (2), the uses of the data, and the 
                total amount of fees received for providing, selling, 
                or sharing the data; and
                    (D) other information determined appropriate by the 
                Secretary.
            (9) Definitions.--In this subsection and subsection (b):
                    (A) Authorized user.--The term ``authorized user'' 
                means the following:
                            (i) A provider of services.
                            (ii) A supplier.
                            (iii) An employer (as defined in section 
                        3(5) of the Employee Retirement Insurance 
                        Security Act of 1974).
                            (iv) A health insurance issuer (as defined 
                        in section 2791 of the Public Health Service 
                        Act).
                            (v) A medical society or hospital 
                        association.
                            (vi) Any entity not described in clauses 
                        (i) through (v) that is approved by the 
                        Secretary (other than an employer or health 
                        insurance issuer not described in clauses (iii) 
                        and (iv), respectively, as determined by the 
                        Secretary).
                    (B) Provider of services.--The term ``provider of 
                services'' has the meaning given such term in section 
                1861(u) of the Social Security Act (42 U.S.C. 
                1395x(u)).
                    (C) Qualified entity.--The term ``qualified 
                entity'' has the meaning given such term in section 
                1874(e)(2) of the Social Security Act (42 U.S.C. 
                1395kk(e)).
                    (D) Secretary.--The term ``Secretary'' means the 
                Secretary of Health and Human Services.
                    (E) Supplier.--The term ``supplier'' has the 
                meaning given such term in section 1861(d) of the 
                Social Security Act (42 U.S.C. 1395x(d)).
    (b) Access to Medicare Data by Qualified Clinical Data Registries 
To Facilitate Quality Improvement.--
            (1) Access.--
                    (A) In general.--To the extent consistent with 
                applicable information, privacy, security, and 
                disclosure laws, beginning July 1, 2016, the Secretary 
                shall, at the request of a qualified clinical data 
                registry under section 1848(m)(3)(E) of the Social 
                Security Act (42 U.S.C. 1395w-4(m)(3)(E)), provide the 
                data described in subparagraph (B) (in a form and 
                manner determined to be appropriate) to such qualified 
                clinical data registry for purposes of linking such 
                data with clinical outcomes data and performing risk-
                adjusted, scientifically valid analyses and research to 
                support quality improvement or patient safety, provided 
                that any public reporting of such analyses or research 
                that identifies a provider of services or supplier 
                shall only be conducted with the opportunity of such 
                provider or supplier to appeal and correct errors in 
                the manner described in subsection (a)(6).
                    (B) Data described.--The data described in this 
                subparagraph is--
                            (i) claims data under the Medicare program 
                        under title XVIII of the Social Security Act; 
                        and
                            (ii) if the Secretary determines 
                        appropriate, claims data under the Medicaid 
                        program under title XIX of such Act and the 
                        State Children's Health Insurance Program under 
                        title XXI of such Act.
            (2) Fee.--Data described in paragraph (1)(B) shall be 
        provided to a qualified clinical data registry under paragraph 
        (1) at a fee equal to the cost of providing such data. Any fee 
        collected pursuant to the preceding sentence shall be deposited 
        in the Centers for Medicare & Medicaid Services Program 
        Management Account.
    (c) Expansion of Data Available to Qualified Entities.--Section 
1874(e) of the Social Security Act (42 U.S.C. 1395kk(e)) is amended--
            (1) in the subsection heading, by striking ``Medicare''; 
        and
            (2) in paragraph (3)--
                    (A) by inserting after the first sentence the 
                following new sentence: ``Beginning July 1, 2016, if 
                the Secretary determines appropriate, the data 
                described in this paragraph may also include 
                standardized extracts (as determined by the Secretary) 
                of claims data under titles XIX and XXI for assistance 
                provided under such titles for one or more specified 
                geographic areas and time periods requested by a 
                qualified entity.''; and
                    (B) in the last sentence, by inserting ``or under 
                titles XIX or XXI'' before the period at the end.
    (d) Revision of Placement of Fees.--Section 1874(e)(4)(A) of the 
Social Security Act (42 U.S.C. 1395kk(e)(4)(A)) is amended, in the 
second sentence--
            (1) by inserting ``, for periods prior to July 1, 2016,'' 
        after ``deposited''; and
            (2) by inserting the following before the period at the 
        end: ``, and, beginning July 1, 2016, into the Centers for 
        Medicare & Medicaid Services Program Management Account''.

SEC. 7. REDUCING ADMINISTRATIVE BURDEN AND OTHER PROVISIONS.

    (a) Medicare Physician and Practitioner Opt-Out to Private 
Contract.--
            (1) Indefinite, continuing automatic extension of opt out 
        election.--
                    (A) In general.--Section 1802(b)(3) of the Social 
                Security Act (42 U.S.C. 1395a(b)(3)) is amended--
                            (i) in subparagraph (B)(ii), by striking 
                        ``during the 2-year period beginning on the 
                        date the affidavit is signed'' and inserting 
                        ``during the applicable 2-year period (as 
                        defined in subparagraph (D))'';
                            (ii) in subparagraph (C), by striking 
                        ``during the 2-year period described in 
                        subparagraph (B)(ii)'' and inserting ``during 
                        the applicable 2-year period''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(D) Applicable 2-year periods for effectiveness 
                of affidavits.--In this subsection, the term 
                `applicable 2-year period' means, with respect to an 
                affidavit of a physician or practitioner under 
                subparagraph (B), the 2-year period beginning on the 
                date the affidavit is signed and includes each 
                subsequent 2-year period unless the physician or 
                practitioner involved provides notice to the Secretary 
                (in a form and manner specified by the Secretary), not 
                later than 30 days before the end of the previous 2-
                year period, that the physician or practitioner does 
                not want to extend the application of the affidavit for 
                such subsequent 2-year period.''.
                    (B) Effective date.--The amendments made by 
                subparagraph (A) shall apply to affidavits entered into 
                on or after the date that is 60 days after the date of 
                the enactment of this Act.
            (2) Public availability of information on opt-out 
        physicians and practitioners.--Section 1802(b) of the Social 
        Security Act (42 U.S.C. 1395a(b)) is amended--
                    (A) in paragraph (5), by adding at the end the 
                following new subparagraph:
            ``(D) Opt-out physician or practitioner.--The term `opt-out 
        physician or practitioner' means a physician or practitioner 
        who has in effect an affidavit under paragraph (3)(B).'';
                    (B) by redesignating paragraph (5) as paragraph 
                (6); and
                    (C) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) Posting of information on opt-out physicians and 
        practitioners.--
                    ``(A) In general.--Beginning not later than 
                February 1, 2016, the Secretary shall make publicly 
                available through an appropriate publicly accessible 
                website of the Department of Health and Human Services 
                information on the number and characteristics of opt-
                out physicians and practitioners and shall update such 
                information on such website not less often than 
                annually.
                    ``(B) Information to be included.--The information 
                to be made available under subparagraph (A) shall 
                include at least the following with respect to opt-out 
                physicians and practitioners:
                            ``(i) Their number.
                            ``(ii) Their physician or professional 
                        specialty or other designation.
                            ``(iii) Their geographic distribution.
                            ``(iv) The timing of their becoming opt-out 
                        physicians and practitioners, relative, to the 
                        extent feasible, to when they first enrolled in 
                        the program under this title and with respect 
                        to applicable 2-year periods.
                            ``(v) The proportion of such physicians and 
                        practitioners who billed for emergency or 
                        urgent care services.''.
    (b) Gainsharing Study and Report.--Not later than 6 months after 
the date of the enactment of this Act, the Secretary of Health and 
Human Services, in consultation with the Inspector General of the 
Department of Health and Human Services, shall submit to Congress a 
report with legislative recommendations to amend existing fraud and 
abuse laws, through exceptions, safe harbors, or other narrowly 
targeted provisions, to permit gainsharing or similar arrangements 
between physicians and hospitals that improve care while reducing waste 
and increasing efficiency. The report shall--
            (1) consider whether such provisions should apply to 
        ownership interests, compensation arrangements, or other 
        relationships;
            (2) describe how the recommendations address 
        accountability, transparency, and quality, including how best 
        to limit inducements to stint on care, discharge patients 
        prematurely, or otherwise reduce or limit medically necessary 
        care; and
            (3) consider whether a portion of any savings generated by 
        such arrangements should accrue to the Medicare program under 
        title XVIII of the Social Security Act.
    (c) Promoting Interoperability of Electronic Health Record 
Systems.--
            (1) Recommendations for achieving widespread ehr 
        interoperability.--
                    (A) Objective.--As a consequence of a significant 
                Federal investment in the implementation of health 
                information technology through the Medicare and 
                Medicaid EHR incentive programs, Congress declares it a 
                national objective to achieve widespread exchange of 
                health information through interoperable certified EHR 
                technology nationwide by December 31, 2018.
                    (B) Definitions.--In this paragraph:
                            (i) Widespread interoperability.--The term 
                        ``widespread interoperability'' means 
                        interoperability between certified EHR 
                        technology systems employed by meaningful EHR 
                        users under the Medicare and Medicaid EHR 
                        incentive programs and other clinicians and 
                        health care providers on a nationwide basis.
                            (ii) Interoperability.--The term 
                        ``interoperability'' means the ability of two 
                        or more health information systems or 
                        components to exchange clinical and other 
                        information and to use the information that has 
                        been exchanged using common standards as to 
                        provide access to longitudinal information for 
                        health care providers in order to facilitate 
                        coordinated care and improved patient outcomes.
                    (C) Establishment of metrics.--Not later than July 
                1, 2016, and in consultation with stakeholders, the 
                Secretary shall establish metrics to be used to 
                determine if and to the extent that the objective 
                described in subparagraph (A) has been achieved.
                    (D) Recommendations if objective not achieved.--If 
                the Secretary of Health and Human Services determines 
                that the objective described in subparagraph (A) has 
                not been achieved by December 31, 2018, then the 
                Secretary shall submit to Congress a report, by not 
                later than December 31, 2019, that identifies barriers 
                to such objective and recommends actions that the 
                Federal Government can take to achieve such objective. 
                Such recommended actions may include recommendations--
                            (i) to adjust payments for not being 
                        meaningful EHR users under the Medicare EHR 
                        incentive programs; and
                            (ii) for criteria for decertifying 
                        certified EHR technology products.
            (2) Preventing blocking the sharing of information.--
                    (A) For meaningful use ehr professionals.--Section 
                1848(o)(2)(A)(ii) of the Social Security Act (42 U.S.C. 
                1395w-4(o)(2)(A)(ii)) is amended by inserting before 
                the period at the end the following: ``, and the 
                professional demonstrates (through a process specified 
                by the Secretary, such as the use of an attestation) 
                that the professional has not knowingly and willfully 
                taken action (such as to disable functionality) to 
                limit or restrict the compatibility or interoperability 
                of the certified EHR technology''.
                    (B) For meaningful use ehr hospitals.--Section 
                1886(n)(3)(A)(ii) of the Social Security Act (42 U.S.C. 
                1395ww(n)(3)(A)(ii)) is amended by inserting before the 
                period at the end the following: ``, and the hospital 
                demonstrates (through a process specified by the 
                Secretary, such as the use of an attestation) that the 
                hospital has not knowingly and willfully taken action 
                (such as to disable functionality) to limit or restrict 
                the compatibility or interoperability of the certified 
                EHR technology''.
                    (C) Effective date.--The amendments made by this 
                subsection shall apply to meaningful EHR users as of 
                the date that is one year after the date of the 
                enactment of this Act.
            (3) Study and report on the feasibility of establishing a 
        mechanism to compare certified ehr technology products.--
                    (A) Study.--The Secretary shall conduct a study to 
                examine the feasibility of establishing one or more 
                mechanisms to assist providers in comparing and 
                selecting certified EHR technology products. Such 
                mechanisms may include--
                            (i) a website with aggregated results of 
                        surveys of meaningful EHR users on the 
                        functionality of certified EHR technology 
                        products to enable such users to directly 
                        compare the functionality and other features of 
                        such products; and
                            (ii) information from vendors of certified 
                        products that is made publicly available in a 
                        standardized format.
                The aggregated results of the surveys described in 
                clause (i) may be made available through contracts with 
                physicians, hospitals, or other organizations that 
                maintain such comparative information described in such 
                clause.
                    (B) Report.--Not later than 1 year after the date 
                of the enactment of this Act, the Secretary shall 
                submit to Congress a report on mechanisms that would 
                assist providers in comparing and selecting certified 
                EHR technology products. The report shall include 
                information on the benefits of, and resources needed to 
                develop and maintain, such mechanisms.
            (4) Definitions.--In this subsection:
                    (A) The term ``certified EHR technology'' has the 
                meaning given such term in section 1848(o)(4) of the 
                Social Security Act (42 U.S.C. 1395w-4(o)(4)).
                    (B) The term ``meaningful EHR user'' has the 
                meaning given such term under the Medicare EHR 
                incentive programs.
                    (C) The term ``Medicare and Medicaid EHR incentive 
                programs'' means--
                            (i) in the case of the Medicare program 
                        under title XVIII of the Social Security Act, 
                        the incentive programs under section 
                        1814(l)(3), section 1848(o), subsections (l) 
                        and (m) of section 1853, and section 1886(n) of 
                        the Social Security Act (42 U.S.C. 1395f(l)(3), 
                        1395w-4(o), 1395w-23, 1395ww(n)); and
                            (ii) in the case of the Medicaid program 
                        under title XIX of such Act, the incentive 
                        program under subsections (a)(3)(F) and (t) of 
                        section 1903 of such Act (42 U.S.C. 1396b).
                    (D) The term ``Secretary'' means the Secretary of 
                Health and Human Services.
    (d) GAO Studies and Reports on the Use of Telehealth Under Federal 
Programs and on Remote Patient Monitoring Services.--
            (1) Study on telehealth services.--The Comptroller General 
        of the United States shall conduct a study on the following:
                    (A) How the definition of telehealth across various 
                Federal programs and Federal efforts can inform the use 
                of telehealth in the Medicare program under title XVIII 
                of the Social Security Act (42 U.S.C. 1395 et seq.).
                    (B) Issues that can facilitate or inhibit the use 
                of telehealth under the Medicare program under such 
                title, including oversight and professional licensure, 
                changing technology, privacy and security, 
                infrastructure requirements, and varying needs across 
                urban and rural areas.
                    (C) Potential implications of greater use of 
                telehealth with respect to payment and delivery system 
                transformations under the Medicare program under such 
                title XVIII and the Medicaid program under title XIX of 
                such Act (42 U.S.C. 1396 et seq.).
                    (D) How the Centers for Medicare & Medicaid 
                Services monitors payments made under the Medicare 
                program under such title XVIII to providers for 
                telehealth services.
            (2) Study on remote patient monitoring services.--
                    (A) In general.--The Comptroller General of the 
                United States shall conduct a study--
                            (i) of the dissemination of remote patient 
                        monitoring technology in the private health 
                        insurance market;
                            (ii) of the financial incentives in the 
                        private health insurance market relating to 
                        adoption of such technology;
                            (iii) of the barriers to adoption of such 
                        services under the Medicare program under title 
                        XVIII of the Social Security Act;
                            (iv) that evaluates the patients, 
                        conditions, and clinical circumstances that 
                        could most benefit from remote patient 
                        monitoring services; and
                            (v) that evaluates the challenges related 
                        to establishing appropriate valuation for 
                        remote patient monitoring services under the 
                        Medicare physician fee schedule under section 
                        1848 of the Social Security Act (42 U.S.C. 
                        1395w-4) in order to accurately reflect the 
                        resources involved in furnishing such services.
                    (B) Definitions.--For purposes of this paragraph:
                            (i) Remote patient monitoring services.--
                        The term ``remote patient monitoring services'' 
                        means services furnished through remote patient 
                        monitoring technology.
                            (ii) Remote patient monitoring 
                        technology.--The term ``remote patient 
                        monitoring technology'' means a coordinated 
                        system that uses one or more home-based or 
                        mobile monitoring devices that automatically 
                        transmit vital sign data or information on 
                        activities of daily living and may include 
                        responses to assessment questions collected on 
                        the devices wirelessly or through a 
                        telecommunications connection to a server that 
                        complies with the Federal regulations 
                        (concerning the privacy of individually 
                        identifiable health information) promulgated 
                        under section 264(c) of the Health Insurance 
                        Portability and Accountability Act of 1996, as 
                        part of an established plan of care for that 
                        patient that includes the review and 
                        interpretation of that data by a health care 
                        professional.
            (3) Reports.--Not later than 24 months after the date of 
        the enactment of this Act, the Comptroller General shall submit 
        to Congress--
                    (A) a report containing the results of the study 
                conducted under paragraph (1); and
                    (B) a report containing the results of the study 
                conducted under paragraph (2).
        A report required under this paragraph shall be submitted 
        together with recommendations for such legislation and 
        administrative action as the Comptroller General determines 
        appropriate. The Comptroller General may submit one report 
        containing the results described in subparagraphs (A) and (B) 
        and the recommendations described in the previous sentence.
    (e) Rule of Construction Regarding Health Care Providers.--
            (1) In general.--Subject to paragraph (3), the development, 
        recognition, or implementation of any guideline or other 
        standard under any Federal health care provision shall not be 
        construed to establish the standard of care or duty of care 
        owed by a health care provider to a patient in any medical 
        malpractice or medical product liability action or claim.
            (2) Definitions.--For purposes of this subsection:
                    (A) Federal health care provision.--The term 
                ``Federal health care provision'' means any provision 
                of the Patient Protection and Affordable Care Act 
                (Public Law 111-148), title I or subtitle B of title II 
                of the Health Care and Education Reconciliation Act of 
                2010 (Public Law 111-152), or title XVIII or XIX of the 
                Social Security Act (42 U.S.C. 1395 et seq., 42 U.S.C. 
                1396 et seq.).
                    (B) Health care provider.--The term ``health care 
                provider'' means any individual, group practice, 
                corporation of health care professionals, or hospital--
                            (i) licensed, registered, or certified 
                        under Federal or State laws or regulations to 
                        provide health care services; or
                            (ii) required to be so licensed, 
                        registered, or certified but that is exempted 
                        by other statute or regulation.
                    (C) Medical malpractice or medical product 
                liability action or claim.--The term ``medical 
                malpractice or medical product liability action or 
                claim'' means a medical malpractice action or claim (as 
                defined in section 431(7) of the Health Care Quality 
                Improvement Act of 1986 (42 U.S.C. 11151(7))) and 
                includes a liability action or claim relating to a 
                health care provider's prescription or provision of a 
                drug, device, or biological product (as such terms are 
                defined in section 201 of the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 321) or section 351 of the 
                Public Health Service Act (42 U.S.C. 262)).
                    (D) State.--The term ``State'' includes the 
                District of Columbia, Puerto Rico, and any other 
                commonwealth, possession, or territory of the United 
                States.
            (3) No preemption.--Nothing in paragraph (1) or any 
        provision of the Patient Protection and Affordable Care Act 
        (Public Law 111-148), title I or subtitle B of title II of the 
        Health Care and Education Reconciliation Act of 2010 (Public 
        Law 111-152), or title XVIII or XIX of the Social Security Act 
        (42 U.S.C. 1395 et seq., 42 U.S.C. 1396 et seq.) shall be 
        construed to preempt any State or common law governing medical 
        professional or medical product liability actions or claims.
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