Page:United States Statutes at Large Volume 124.djvu/995

124 STAT. 969 PUBLIC LAW 111–148—MAR. 23, 2010 evaluate the performance of providers of services and suppliers using such data; ‘‘(ii)(I) except as provided in subclause (II), if avail- able, use standard measures, such as measures endorsed by the entity with a contract under section 1890(a) and measures developed pursuant to section 931 of the Public Health Service Act; or ‘‘(II) use alternative measures if the Secretary, in consultation with appropriate stakeholders, deter- mines that use of such alternative measures would be more valid, reliable, responsive to consumer pref- erences, cost-effective, or relevant to dimensions of quality and resource use not addressed by such standard measures; ‘‘(iii) include data made available under this sub- section with claims data from sources other than claims data under this title in the evaluation of performance of providers of services and suppliers; ‘‘(iv) only include information on the evaluation of performance of providers and suppliers in reports described in subparagraph (C); ‘‘(v) make available to providers of services and suppliers, upon their request, data made available under this subsection; and ‘‘(vi) prior to their release, submit to the Secretary the format of reports under subparagraph (C). ‘‘(C) REPORTS.—Any report by a qualified entity evalu- ating the performance of providers of services and suppliers using data made available under this subsection shall— ‘‘(i) include an understandable description of the measures, which shall include quality measures and the rationale for use of other measures described in subparagraph (B)(ii)(II), risk adjustment methods, physician attribution methods, other applicable methods, data specifications and limitations, and the sponsors, so that consumers, providers of services and suppliers, health plans, researchers, and other stake- holders can assess such reports; ‘‘(ii) be made available confidentially, to any pro- vider of services or supplier to be identified in such report, prior to the public release of such report, and provide an opportunity to appeal and correct errors; ‘‘(iii) only include information on a provider of services or supplier in an aggregate form as determined appropriate by the Secretary; and ‘‘(iv) except as described in clause (ii), be made available to the public. ‘‘(D) APPROVAL AND LIMITATION OF USES.—The Sec- retary shall not make data described in paragraph (3) available to a qualified entity unless the qualified entity agrees to release the information on the evaluation of performance of providers of services and suppliers. Such entity shall only use such data, and information derived from such evaluation, for the reports under subparagraph (C). Data released to a qualified entity under this sub- section shall not be subject to discovery or admission as Public information.