Page:United States Statutes at Large Volume 124.djvu/386

124 STAT. 360 PUBLIC LAW 111–148—MAR. 23, 2010 (A) in subclause (II), by adding at the end the following sentence: ‘‘The Secretary may require hospitals to submit data on measures that are not used for the determination of value-based incentive payments under subsection (o).’’; (B) in subclause (V), by striking ‘‘beginning with fiscal year 2008’’ and inserting ‘‘for fiscal years 2008 through 2012’’; (C) in subclause (VII), in the first sentence, by striking ‘‘data submitted’’ and inserting ‘‘information regarding measures submitted’’; and (D) by adding at the end the following new subclauses: ‘‘(VIII) Effective for payments beginning with fiscal year 2013, with respect to quality measures for outcomes of care, the Secretary shall provide for such risk adjustment as the Secretary determines to be appropriate to maintain incentives for hospitals to treat patients with severe illnesses or conditions. ‘‘(IX)(aa) Subject to item (bb), effective for payments beginning with fiscal year 2013, each measure specified by the Secretary under this clause shall be endorsed by the entity with a contract under section 1890(a). ‘‘(bb) In the case of a specified area or medical topic determined appropriate by the Secretary for which a feasible and practical measure has not been endorsed by the entity with a contract under section 1890(a), the Secretary may specify a measure that is not so endorsed as long as due consideration is given to measures that have been endorsed or adopted by a consensus organization identified by the Secretary. ‘‘(X) To the extent practicable, the Secretary shall, with input from consensus organizations and other stakeholders, take steps to ensure that the measures specified by the Secretary under this clause are coordinated and aligned with quality measures applicable to— ‘‘(aa) physicians under section 1848(k); and ‘‘(bb) other providers of services and suppliers under this title. ‘‘(XI) The Secretary shall establish a process to validate meas- ures specified under this clause as appropriate. Such process shall include the auditing of a number of randomly selected hospitals sufficient to ensure validity of the reporting program under this clause as a whole and shall provide a hospital with an opportunity to appeal the validation of measures reported by such hospital.’’. (3) WEBSITE IMPROVEMENTS.—Section 1886(b)(3)(B) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)), as amended by section 4102(b) of the HITECH Act (Public Law 111–5), is amended by adding at the end the following new clause: ‘‘(x)(I) The Secretary shall develop standard Internet website reports tailored to meet the needs of various stakeholders such as hospitals, patients, researchers, and policymakers. The Secretary shall seek input from such stakeholders in determining the type of information that is useful and the formats that best facilitate the use of the information. ‘‘(II) The Secretary shall modify the Hospital Compare Internet website to make the use and navigation of that website readily available to individuals accessing it.’’. (4) GAO STUDY AND REPORT.— (A) STUDY.—The Comptroller General of the United States shall conduct a study on the performance of the Web posting. Reports. Validation process. Effective date.