Page:United States Statutes at Large Volume 124.djvu/410

124 STAT. 384 PUBLIC LAW 111–148—MAR. 23, 2010 the Administrator) for use under this Act. In developing such meas- ures, the Administrator shall consult with the Director of the Agency for Healthcare Research and Quality.’’. (c) FUNDING.—There are authorized to be appropriated to the Secretary of Health and Human Services to carry out this section, $75,000,000 for each of fiscal years 2010 through 2014. Of the amounts appropriated under the preceding sentence in a fiscal year, not less than 50 percent of such amounts shall be used pursuant to subsection (e) of section 1890A of the Social Security Act, as added by subsection (b), with respect to programs under such Act. Amounts appropriated under this subsection for a fiscal year shall remain available until expended. SEC. 3014. QUALITY MEASUREMENT. (a) NEW DUTIES FOR CONSENSUS-BASED ENTITY.— (1) MULTI-STAKEHOLDER GROUP INPUT.—Section 1890(b) of the Social Security Act (42 U.S.C. 1395aaa(b)), as amended by section 3003, is amended by adding at the end the following new paragraphs: ‘‘(7) CONVENING MULTI-STAKEHOLDER GROUPS.— ‘‘(A) IN GENERAL.—The entity shall convene multi- stakeholder groups to provide input on— ‘‘(i) the selection of quality measures described in subparagraph (B), from among— ‘‘(I) such measures that have been endorsed by the entity; and ‘‘(II) such measures that have not been consid- ered for endorsement by such entity but are used or proposed to be used by the Secretary for the collection or reporting of quality measures; and ‘‘(ii) national priorities (as identified under section 399HH of the Public Health Service Act) for improve- ment in population health and in the delivery of health care services for consideration under the national strategy established under section 399HH of the Public Health Service Act. ‘‘(B) QUALITY MEASURES.— ‘‘(i) IN GENERAL.—Subject to clause (ii), the quality measures described in this subparagraph are quality measures— ‘‘(I) for use pursuant to sections 1814(i)(5)(D), 1833(i)(7), 1833(t)(17), 1848(k)(2)(C), 1866(k)(3), 1881(h)(2)(A)(iii), 1886(b)(3)(B)(viii), 1886(j)(7)(D), 1886(m)(5)(D), 1886(o)(2), and 1895(b)(3)(B)(v); ‘‘(II) for use in reporting performance informa- tion to the public; and ‘‘(III) for use in health care programs other than for use under this Act. ‘‘(ii) EXCLUSION.—Data sets (such as the outcome and assessment information set for home health serv- ices and the minimum data set for skilled nursing facility services) that are used for purposes of classifica- tion systems used in establishing payment rates under this title shall not be quality measures described in this subparagraph. ‘‘(C) REQUIREMENT FOR TRANSPARENCY IN PROCESS.—