42 U.S.C. § 1395kk | Administration of insurance programs

(a)

Functions of Secretary; performance directly or by contract

45 U.S.C. 231Except as otherwise provided in this subchapter and in the Railroad Retirement Act of 1974 [ et seq.], the insurance programs established by this subchapter shall be administered by the Secretary. The Secretary may perform any of his functions under this subchapter directly, or by contract providing for payment in advance or by way of reimbursement, and in such installments, as the Secretary may deem necessary.

(b)

Contracts to secure special data, actuarial information, etc.

The Secretary may contract with any person, agency, or institution to secure on a reimbursable basis such special data, actuarial information, and other information as may be necessary in the carrying out of his functions under this subchapter.

(c)

Oaths and affirmations

In the course of any hearing, investigation, or other proceeding that he is authorized to conduct under this subchapter, the Secretary may administer oaths and affirmations.

(d)

Inclusion of Medicare provider and supplier payments in Federal Payment Levy Program

(1)

In general

The Centers for Medicare & Medicaid Services shall take all necessary steps to participate in the Federal Payment Levy Program under section 6331(h) of the Internal Revenue Code of 1986 as soon as possible and shall ensure that—

(A)

July 15, 20081

1 See References in Text note below.

at least 50 percent of all payments under parts A and B are processed through such program beginning within 1 year after ; 

(B)

July 15, 2008 at least 75 percent of all payments under parts A and B are processed through such program beginning within 2 years after ; and

(C)

September 30, 2011 all payments under parts A and B are processed through such program beginning not later than .

(2)

Assistance

The Financial Management Service and the Internal Revenue Service shall provide assistance to the Centers for Medicare & Medicaid Services to ensure that all payments described in paragraph (1) are included in the Federal Payment Levy Program by the deadlines specified in that subsection.

(e)

Availability of data

(1)

In general

Subject to paragraph (4), the Secretary shall make available to qualified entities (as defined in paragraph (2)) data described in paragraph (3) for the evaluation of the performance of providers of services and suppliers.

(2)

Qualified entities

For purposes of this subsection, the term “qualified entity” means a public or private entity that—

(A)

is qualified (as determined by the Secretary) to use claims data to evaluate the performance of providers of services and suppliers on measures of quality, efficiency, effectiveness, and resource use; and

(B)

agrees to meet the requirements described in paragraph (4) and meets such other requirements as the Secretary may specify, such as ensuring security of data.

(3)

Data described

July 1, 20162

2 So in original. Probably should be “subchapter”.

The data described in this paragraph are standardized extracts (as determined by the Secretary) of claims data under parts A, B, and D for items and services furnished under such parts for one or more specified geographic areas and time periods requested by a qualified entity. Beginning , if the Secretary determines appropriate, the data described in this paragraph may also include standardized extracts (as determined by the Secretary) of claims data under subchapters XIX and XXI for assistance provided under such subchapters for one or more specified geographic areas and time periods requested by a qualified entity. The Secretary shall take such actions as the Secretary deems necessary to protect the identity of individuals entitled to or enrolled for benefits under such parts or under subchapters  XIX or XXI.

(4)

Requirements

(A)

Fee

July 1, 2016section 1395t of this titleJuly 1, 2016Data described in paragraph (3) shall be made available to a qualified entity under this subsection at a fee equal to the cost of making such data available. Any fee collected pursuant to the preceding sentence shall be deposited, for periods prior to , into the Federal Supplementary Medical Insurance Trust Fund under , and, beginning , into the Centers for Medicare & Medicaid Services Program Management Account.

(B)

Specification of uses and methodologies

A qualified entity requesting data under this subsection shall—

(i)

submit to the Secretary a description of the methodologies that such qualified entity will use to evaluate the performance of providers of services and suppliers using such data;

(ii)

(I)

section 1395aaa(a) of this title section 299b–31 of this title except as provided in subclause (II), if available, use standard measures, such as measures endorsed by the entity with a contract under and measures developed pursuant to ; or

(II)

use alternative measures if the Secretary, in consultation with appropriate stakeholders, determines that use of such alternative measures would be more valid, reliable, responsive to consumer preferences, cost-effective, or relevant to dimensions of quality and resource use not addressed by such standard measures;

(iii)

include data made available under this subsection with claims data from sources other than claims data under this subchapter 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 evaluating 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 stakeholders can assess such reports;

(ii)

be made available confidentially, to any provider 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 Secretary 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 subsection shall not be subject to discovery or admission as evidence in judicial or administrative proceedings without consent of the applicable provider of services or supplier.

(f)

Requirement for the Secretary to establish policies and claims edits relating to incarcerated individuals, individuals not lawfully present, and deceased individuals

The Secretary shall establish and maintain procedures, including procedures for using claims processing edits, updating eligibility information to improve provider accessibility, and conducting recoupment activities such as through recovery audit contractors, in order to ensure that payment is not made under this subchapter for items and services furnished to an individual who is one of the following:

(1)

An individual who is incarcerated.

(2)

An individual who is not lawfully present in the United States and who is not eligible for coverage under this subchapter.

(3)

A deceased individual.

(g)

Requirement for enrollment data reporting

(1)

In general

Each year (beginning with 2016), the Secretary shall submit to the Committees on Ways and Means and Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report on Medicare enrollment data (and, in the case of part A, on data on individuals receiving benefits under such part) as of a date in such year specified by the Secretary. Such data shall be presented—

(A)

by Congressional district and State; and

(B)

in a manner that provides for such data based on—

(i)

fee-for-service enrollment (as defined in paragraph (2));

(ii)

enrollment under part C (including separate for aggregate enrollment in MA–PD plans and aggregate enrollment in MA plans that are not MA–PD plans); and

(iii)

enrollment under part D.

(2)

Fee-for-service enrollment defined

For purpose of paragraph (1)(B)(i), the term “fee-for-service enrollment” means aggregate enrollment (including receipt of benefits other than through enrollment) under—

(A)

part A only;

(B)

part B only; and

(C)

both part A and part B.

Aug. 14, 1935, ch. 531 Pub. L. 89–97, title IJuly 30, 196579 Stat. 332 Pub. L. 92–603, title II, § 289Oct. 30, 197286 Stat. 1457 Pub. L. 93–445, title III, § 310Oct. 16, 197488 Stat. 1359 Pub. L. 110–275, title I, § 189(a)July 15, 2008122 Stat. 2590 Pub. L. 111–148, title X, § 10332(a)Mar. 23, 2010124 Stat. 968 Pub. L. 114–10, title I, § 105(c)Apr. 16, 2015129 Stat. 137 Pub. L. 114–255, div. C, title XVII, § 17002Dec. 13, 2016130 Stat. 1330(, title XVIII, § 1874, as added and amended , §§ 102(a), 111(a), , , 340; , , ; , , ; , , ; , , ; , (d), title V, § 502(a), , , 165; , , .)

Editorial Notes

References in Text

act Aug. 29, 1935, ch. 812 Pub. L. 93–445, title I, § 101Oct. 16, 197488 Stat. 1305 section 231 of Title 45 section 231t of Title 45The Railroad Retirement Act of 1974, referred to in subsec. (a), is , as amended generally by , , , which is classified generally to subchapter IV (§ 231 et seq.) of chapter 9 of Title 45, Railroads. For further details and complete classification of this Act to the Code, see Codification note set out preceding , , and Tables.

The Internal Revenue Code of 1986, referred to in subsec. (d)(1), is classified generally to Title 26, Internal Revenue Code.

July 15, 2008Pub. L. 110–275, referred to in subsec. (d)(1)(A) and (B), was in the original “the date of the enactment of this section” and “such date”, which were translated as meaning the date of enactment of , which enacted subsec. (d), to reflect the probable intent of Congress.

Amendments

Pub. L. 114–2552016—Subsec. (g). added subsec. (g).

Pub. L. 114–10, § 105(c)(1)2015—Subsec. (e). , struck out “Medicare” before “data” in heading.

Pub. L. 114–10, § 105(c)(2)July 1, 2016Subsec. (e)(3). , inserted “Beginning , if the Secretary determines appropriate, the data described in this paragraph may also include standardized extracts (as determined by the Secretary) of claims data under subchapters XIX and XXI for assistance provided under such subchapters for one or more specified geographic areas and time periods requested by a qualified entity.” before “The Secretary” and “or under subchapters XIX or XXI” before period at end.

Pub. L. 114–10, § 105(d)July 1, 2016July 1, 2016Subsec. (e)(4)(A). , inserted “, for periods prior to ,” after “deposited” and “, and, beginning , into the Centers for Medicare & Medicaid Services Program Management Account” before period at end.

Pub. L. 114–10, § 502(a)Subsec. (f). , added subsec. (f).

Pub. L. 111–1482010—Subsec. (e). added subsec. (e).

Pub. L. 110–2752008—Subsec. (d). added subsec. (d).

Pub. L. 93–4451974—Subsec. (a). substituted “Railroad Retirement Act of 1974” for “Railroad Retirement Act of 1937”.

Pub. L. 92–6031972—Subsec. (c). added subsec. (c).

Pub. L. 89–971965—Subsec. (a). inserted reference to Railroad Retirement Act of 1937 in first sentence.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–148, title X, § 10332(b)Mar. 23, 2010124 Stat. 970

January 1, 2012“The amendment made by subsection (a) [amending this section] shall take effect on .”

, , , provided that:

Effective Date of 2008 Amendment

Pub. L. 110–275July 15, 2008section 189(c) of Pub. L. 110–275 section 3716 of Title 31Amendment by effective , see , set out as a note under , Money and Finance.

Effective Date of 1974 Amendment

Pub. L. 93–445Jan. 1, 1975section 603 of Pub. L. 93–445 section 402 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1965 Amendment

Pub. L. 89–97 Pub. L. 89–97, title I, § 111(e)July 30, 196579 Stat. 343Amendment by applicable to calendar year 1966 or to any subsequent calendar year but only if by October 1 immediately preceding such calendar year the Railroad Retirement Tax Act provides for a maximum amount of monthly compensation taxable under such Act during all months of such calendar year equal to one-twelfth of maximum wages which Federal Insurance Contributions Act provides may be counted for such calendar year, see , , .

Report

Pub. L. 114–10, title V, § 502(b)Apr. 16, 2015129 Stat. 165

Apr. 16, 201542 U.S.C. 1395kk“Not later than 18 months after the date of the enactment of this section [], and periodically thereafter as determined necessary by the Office of Inspector General of the Department of Health and Human Services, such Office shall submit to Congress a report on the activities described in subsection (f) of section 1874 of the Social Security Act (), as added by subsection (a), that have been conducted since such date of enactment.”

, , , provided that: