42 U.S.C. § 1395aaa
Contract with a consensus-based entity regarding performance measurement
For purposes of activities conducted under this chapter, the Secretary shall identify and have in effect a contract with a consensus-based entity, such as the National Quality Forum, that meets the requirements described in subsection (c). Such contract shall provide that the entity will perform the duties described in subsection (b).
As soon as practicable after
A contract under paragraph (1) shall be for a period of 4 years (except as may be renewed after a subsequent bidding process).
Competitive procedures (as defined in section 132 of title 41) shall be used to enter into a contract under paragraph (1).
The entity shall establish and implement a process to ensure that measures endorsed under paragraph (2) are updated (or retired if obsolete) as new evidence is developed.
The entity may provide input to the Secretary on quality and efficiency measures described in paragraph (7)(B) that could be considered for removal.
The entity shall provide for the review and, as appropriate, the endorsement of the episode grouper developed by the Secretary under section 1395w–4(n)(9)(A) of this title. Such review shall be conducted on an expedited basis.
Data sets (such as the outcome and assessment information set for home health services and the minimum data set for skilled nursing facility services) that are used for purposes of classification systems used in establishing payment rates under this subchapter shall not be quality and efficiency measures described in this subparagraph.
In convening multi-stakeholder groups under subparagraph (A) with respect to the selection of quality and efficiency measures, the entity shall provide for an open and transparent process for the activities conducted pursuant to such convening.
The process described in clause (i) shall ensure that the selection of representatives comprising such groups provides for public nominations for, and the opportunity for public comment on, such selection.
In this paragraph, the term “multi-stakeholder group” means, with respect to a quality and efficiency measure, a voluntary collaborative of organizations representing a broad group of stakeholders interested in or affected by the use of such quality and efficiency measure.
Not later than February 1 of each year (beginning with 2012), the entity shall transmit to the Secretary the input of multi-stakeholder groups provided under paragraph (7).
The entity is a private nonprofit entity governed by a board.
With respect to matters related to the contract with the Secretary under subsection (a), the entity conducts its business in an open and transparent manner and provides the opportunity for public comment on its activities.
The entity operates as a voluntary consensus standards setting organization as defined for purposes of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (Public Law 104–113) and Office of Management and Budget Revised Circular A–119 (published in the Federal Register on
The entity has at least 4 years of experience in establishing national consensus standards.
If the entity requires a membership fee for participation in the functions of the entity, such fees shall be reasonable and adjusted based on the capacity of the potential member to pay the fee. In no case shall membership fees pose a barrier to the participation of individuals or groups with low or nominal resources to participate in the functions of the entity.
By not later than September 30 of each year (beginning with 2021), the Secretary shall submit to Congress a report on the amount of unobligated balances for appropriations relating to quality measurement. Such report shall include detailed plans on how the Secretary expects to expend such unobligated balances in the upcoming fiscal years.
The annual report required under paragraph (1) shall be separate from the annual report required under subsection (e).
Clause (iii) of section 1395rr(h)(2)(A) of this title, referred to in subsec. (b)(7)(B)(i)(I), was redesignated clause (iv) by Pub. L. 113–93, title II, § 217(d)(1)(B),
Section 12(d) of the National Technology Transfer and Advancement Act of 1995, referred to in subsec. (c)(5), is section 12(d) of Pub. L. 104–113, which is set out as a note under section 272 of Title 15, Commerce and Trade.
In subsec. (a)(4), “section 132 of title 41” substituted for “section 4(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(5))” on authority of Pub. L. 111–350, § 6(c),
A prior section 1395aaa, act Aug. 14, 1935, ch. 531, title XVIII, § 1890, as added
2026—Subsec. (d)(2). Pub. L. 119–75, § 6205, substituted “$13,300,000 for fiscal year 2026, and $15,100,000 for fiscal year 2027” for “and $13,300,000 for fiscal year 2026” and “2026, and 2027” for “and 2026”.
2025—Subsec. (d)(2). Pub. L. 119–37 substituted “$14,030,000” for “and $14,030,000” and inserted “, and $13,300,000 for fiscal year 2026” before period at end in first sentence and substituted “2024, 2025, and 2026” for “and 2024 and the period beginning on
Pub. L. 119–4 substituted “$14,030,000” for “$11,030,000” and substituted “
2024—Subsec. (d)(2). Pub. L. 118–158 substituted “$11,030,000” for “$9,000,000” and substituted “
Pub. L. 118–42 substituted “$20,000,000” for “and $20,000,000” and inserted “, and $9,000,000 for the period beginning on
2020—Subsec. (b)(4). Pub. L. 116–260, § 102(c), added par. (4).
Subsec. (b)(9). Pub. L. 116–260, § 102(d), added par. (9).
Subsec. (d)(2). Pub. L. 116–260, § 102(a), substituted “$26,000,000 for fiscal year 2021, $20,000,000 for fiscal year 2022, and $20,000,000 for fiscal year 2023” for “and for the period beginning on
Pub. L. 116–215 substituted “
Pub. L. 116–159 substituted “
Pub. L. 116–136, § 3802, substituted “$20,000,000 for fiscal year 2020, and for the period beginning on
Subsec. (e). Pub. L. 116–260, § 102(b)(1)(A), (B), (G), designated existing provisions as par. (1), inserted heading, redesignated former pars. (1) to (6) as subpars. (A) to (F), respectively, of par. (1), and added par. (2).
Subsec. (e)(1)(A). Pub. L. 116–260, § 102(b)(1)(C), struck out at end “In years after the first plan under this paragraph is submitted, the requirements of this paragraph may be met by providing an update to the plan.”
Subsec. (e)(1)(D). Pub. L. 116–260, § 102(b)(1)(D), substituted “Subject to paragraph (2)(B), a description” for “A description”.
Subsec. (e)(1)(E). Pub. L. 116–260, § 102(b)(1)(E), substituted “Subject to paragraph (2)(B), the amount” for “The amount”.
Subsec. (e)(1)(F). Pub. L. 116–260, § 102(b)(1)(F), substituted “Subject to paragraph (2)(B), estimates” for “Estimates”.
Subsec. (f). Pub. L. 116–260, § 102(b)(2), added subsec. (f).
2019—Subsec. (d)(2). Pub. L. 116–94 substituted “$4,830,000 for the period beginning on
Pub. L. 116–69 substituted “$1,665,000 for the period beginning on
Pub. L. 116–59 substituted “$7,500,000 for each of fiscal years 2018 and 2019, and $1,069,000 for the period beginning on
2018—Subsec. (b)(5)(A). Pub. L. 115–123, § 50206(c)(1), substituted “containing the following:” for “containing a description of—” in introductory provisions, inserted “(i) A description of—”, redesignated former cls. (i) to (vi) as subcls. (I) to (VI), respectively, of cl. (i), realigned margins, and added cls. (ii) and (iii).
Subsec. (d)(2). Pub. L. 115–123, § 50206(a), substituted “2014,” for “2014 and” and inserted “, and $7,500,000 for each of fiscal years 2018 and 2019” after “through 2017” and “Amounts transferred for each of fiscal years 2018 and 2019 shall be in addition to any unobligated funds transferred for a preceding fiscal year that are available under the preceding sentence.” after “until expended.”
Subsec. (e). Pub. L. 115–123, § 50206(b), added subsec. (e).
2015—Subsec. (d)(2). Pub. L. 114–10 substituted “and $30,000,000 for each of fiscal years 2015 through 2017” for “and $15,000,000 for the first 6 months of fiscal year 2015”.
2014—Subsec. (d). Pub. L. 113–93 designated existing provisions as par. (1) and added par. (2).
2013—Subsec. (b)(4). Pub. L. 112–240, § 609(a)(2), struck out par. (4). Text read as follows: “The entity shall promote the development and use of electronic health records that contain the functionality for automated collection, aggregation, and transmission of performance measurement information.”
Subsec. (d). Pub. L. 113–67 inserted at end “Amounts transferred under the preceding sentence shall remain available until expended.”
Pub. L. 112–240, § 609(a)(1), substituted “fiscal years 2009 through 2013” for “fiscal years 2009 through 2012”.
2010—Subsec. (b)(5)(A)(iv) to (vi). Pub. L. 111–148, § 3014(a)(2), added cls. (iv) to (vi).
Subsec. (b)(6). Pub. L. 111–148, § 3003(b), added par. (6).
Subsec. (b)(7). Pub. L. 111–148, § 10304, substituted “quality and efficiency” for “quality” wherever appearing in text.
Pub. L. 111–148, § 3014(a)(1), added par. (7).
Subsec. (b)(7)(B). Pub. L. 111–148, § 10304, which directed substitution of “quality and efficiency” for “quality” wherever appearing, was executed by substituting “Quality and efficiency” for “Quality” in subpar. heading to reflect the probable intent of Congress.
Subsec. (b)(7)(B)(i)(I). Pub. L. 111–148, § 10322(b), inserted “1395ww(s)(4)(D),” after “1395ww(o)(2),”.
Subsec. (b)(8). Pub. L. 111–148, § 3014(a)(1), added par. (8).
Pub. L. 116–136, div. A, title III, § 3802(b),
Pub. L. 116–94, div. N, title I, § 102(b),
Pub. L. 116–69, div. B, title IV, § 1401(b),
Pub. L. 115–123, div. E, title II, § 50206(c)(2),