12 2 STA T . 2 5 2 6PUBLIC LA W 11 0– 2 7 5 —J UL Y 15 , 200 8(I I )bystrik i ng‘ ‘ pa ragrap h ( 4 ) of s uc hs e ction ’ ’ an d inserting ‘‘subsection (k)(4)’’
( B ) in paragraph ( 6 ) — (i) in subparagraph ( A ) , by striking ‘‘section 18 48(k)( 3 ) of the S ocia l Security Act, as added by sub - section (b)’’ and inserting ‘‘subsection (k)(3)’’; and (ii) in subparagraph (B), by striking ‘‘section 1848(k) of the Social Security Act, as added by sub- section (b)’’ and inserting ‘‘subsection (k)’’; and ( C ) by striking paragraph (6)( D ) . (6) NOAF F ECT O NI NCENTI V E P A YM ENT S FO R20 0 7 OR 200 8 .— Nothing in the a m endments made by this subsection or section 13 2 shall affect the operation of the pro v isions of section 1848(m) of the Social Security Act, as redesignated and amended by such subsection and section, w ith respect to 2 0 0 7 or 2008. (c) PH YSICIAN F EE DB AC K PRO G RAM T O IMPROVE E FFICIENCY AND CONTRO L COSTS.— (1) IN GENERAL.—Section 1848 of the Social Security Act (42 U .S.C. 13 95 w – 4), as amended by subsection (b), is amended by adding at the end the following new subsection
‘‘(n) PHYSICIAN FEEDBACK PROGRAM.— ‘‘(1) ESTABLISHMENT.— ‘‘(A) IN GENERAL.—The Secretary shall establish a Physician Feedback Program (in this subsection referred to as the ‘Program’) under which the Secretary shall use claims data under this title (and may use other data) to provide confidential reports to physicians (and, as deter- mined appropriate by the Secretary, to groups of physi- cians) that measure the resources involved in furnishing care to individuals under this title. If determined appro- priate by the Secretary, the Secretary may include informa- tion on the q uality of care furnished to individuals under this title by the physician (or group of physicians) in such reports. ‘‘(B) R ESO U RCE USE.—The resources described in subparagraph (A) may be measured— ‘‘(i) on an episode basis; ‘‘(ii) on a per capita basis; or ‘‘(iii) on both an episode and a per capita basis. ‘‘(2) IMPLEMENTATION.—The Secretary shall implement the Program by not later than J anuary 1, 2009. ‘‘(3) DATA FOR REPORTS.—To the e x tent practicable, reports under the Program shall be based on the most recent data available. ‘‘(4) AUTHORITY TO FOCUS APPLICATION.—The Secretary may focus the application of the Program as appropriate, such as focusing the Program on— ‘‘(A) physician specialties that account for a certain percentage of all spending for physicians’ services under this title; ‘‘(B) physicians who treat conditions that have a high cost or a high volume, or both, under this title; ‘‘(C) physicians who use a high amount of resources compared to other physicians; ‘‘(D) physicians practicing in certain geographic areas; or Deadlin e .42USC1395w– 4 n ot e.
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