Page:United States Statutes at Large Volume 124.djvu/2627

124 STAT. 2601 PUBLIC LAW 111–240—SEPT. 27, 2010 (I) have the appropriate clinical knowledge of, and experience with, the payment rules and regu- lations under the Medicare fee-for-service program; and (II) have direct management experience and proficiency utilizing predictive analytics tech- nologies necessary to carry out the requirements under subsection (b); or (ii) has a contract, or will enter into a contract, with another entity that has leadership and staff meeting the criteria described in clause (i). (B) CONFLICT OF INTEREST.—The Secretary may only enter into a contract under this section with an entity to the extent that the entity complies with such conflict of interest standards as are generally applicable to Federal acquisition and procurement. (3) DATA ACCESS.—The Secretary shall provide entities with a contract under this section with appropriate access to data necessary for the entity to use predictive analytics technologies in accordance with the contract. (e) REPORTING REQUIREMENTS.— (1) FIRST IMPLEMENTATION YEAR REPORT.—Not later than 3 months after the completion of the first implementation year under this section, the Secretary shall submit to the appropriate committees of Congress and make available to the public a report that includes the following: (A) A description of the implementation of the use of predictive analytics technologies during the year. (B) A certification of the Inspector General of the Department of Health and Human Services that— (i) specifies the actual and projected savings to the Medicare fee-for-service program as a result of the use of predictive analytics technologies, including estimates of the amounts of such savings with respect to both improper payments recovered and improper payments avoided; (ii) the actual and projected savings to the Medi- care fee-for-service program as a result of such use of predictive analytics technologies relative to the return on investment for the use of such technologies and in comparison to other strategies or technologies used to prevent and detect fraud, waste, and abuse in the Medicare fee-for-service program; and (iii) includes recommendations regarding— (I) whether the Secretary should continue to use predictive analytics technologies; (II) whether the use of such technologies should be expanded in accordance with the require- ments of subsection (c); and (III) any modifications or refinements that should be made to increase the amount of actual or projected savings or mitigate any adverse impact on Medicare beneficiaries or providers. (C) An analysis of the extent to which the use of predictive analytics technologies successfully prevented and detected waste, fraud, or abuse in the Medicare fee-for- service program. Public information.