Page:United States Statutes at Large Volume 124.djvu/380

124 STAT. 354 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(III) for which there are not a minimum number (as determined by the Secretary) of meas- ures that apply to the hospital for the performance period for such fiscal year; or ‘‘(IV) for which there are not a minimum number (as determined by the Secretary) of cases for the measures that apply to the hospital for the performance period for such fiscal year. ‘‘(iii) INDEPENDENT ANALYSIS.—For purposes of determining the minimum numbers under subclauses (III) and (IV) of clause (ii), the Secretary shall have conducted an independent analysis of what numbers are appropriate. ‘‘(iv) EXEMPTION.—In the case of a hospital that is paid under section 1814(b)(3), the Secretary may exempt such hospital from the application of this sub- section if the State which is paid under such section submits an annual report to the Secretary describing how a similar program in the State for a participating hospital or hospitals achieves or surpasses the meas- ured results in terms of patient health outcomes and cost savings established under this subsection. ‘‘(2) MEASURES.— ‘‘(A) IN GENERAL.—The Secretary shall select measures for purposes of the Program. Such measures shall be selected from the measures specified under subsection (b)(3)(B)(viii). ‘‘(B) REQUIREMENTS.— ‘‘(i) FOR FISCAL YEAR 2013.—For value-based incen- tive payments made with respect to discharges occur- ring during fiscal year 2013, the Secretary shall ensure the following: ‘‘(I) CONDITIONS OR PROCEDURES.—Measures are selected under subparagraph (A) that cover at least the following 5 specific conditions or proce- dures: ‘‘(aa) Acute myocardial infarction (AMI). ‘‘(bb) Heart failure. ‘‘(cc) Pneumonia. ‘‘(dd) Surgeries, as measured by the Sur- gical Care Improvement Project (formerly referred to as ‘Surgical Infection Prevention’ for discharges occurring before July 2006). ‘‘(ee) Healthcare-associated infections, as measured by the prevention metrics and tar- gets established in the HHS Action Plan to Prevent Healthcare-Associated Infections (or any successor plan) of the Department of Health and Human Services. ‘‘(II) HCAHPS.—Measures selected under subparagraph (A) shall be related to the Hospital Consumer Assessment of Healthcare Providers and Systems survey (HCAHPS). ‘‘(ii) INCLUSION OF EFFICIENCY MEASURES.—For value-based incentive payments made with respect to