[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 483 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 483
To direct the Secretary of Health and Human Services to delay the
implementation of electronic clinical quality metrics for accountable
care organizations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 16, 2025
Mr. Buchanan (for himself, Mr. Panetta, and Mr. Crenshaw) introduced
the following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Ways and Means, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To direct the Secretary of Health and Human Services to delay the
implementation of electronic clinical quality metrics for accountable
care organizations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Efficiency Through
Flexibility Act''.
SEC. 2. DELAY IN IMPLEMENTATION OF ECQMS FOR ACOS.
(a) Delay of ECQM Implementation.--The Secretary of Health and
Human Services (in this section referred to as the ``Secretary'') shall
delay the implementation of the requirement for ACOs to transition from
reporting quality measures via the Centers for Medicare & Medicare
Services Web Interface portal to electronic Clinical Quality Metrics
(eCQMs), as described in the rule titled ``Medicare and Medicaid
Programs; CY 2025 Payment Policies under the Physician Fee Schedule and
Other Changes to Part B Payment and Coverage Policies; Medicare Shared
Savings Program Requirements; Medicare Prescription Drug Inflation
Rebate Program; and Medicare Overpayments'' (89 Fed. Reg. 97710
(December 9, 2024)), until January 1, 2030.
(b) Pilot Program for Digital Reporting Methods.--
(1) In general.--Not later than January 1, 2026, the
Secretary shall establish and commence a pilot program to test
digital reporting methods for quality measures on a subset of
ACOs and ACO participants that submit an application to
participate in such pilot program at such time and in such form
as the Secretary determines appropriate.
(2) Temporary exemption from ecqm requirements.--An ACO or
an ACO participant participating in the pilot program shall be
exempt from mandatory eCQM reporting requirements during the
duration of the pilot program.
(3) No effect on payment incentives.--Participation in the
pilot program shall have no effect on the eligibility of an ACO
or an ACO participant to qualify for or earn an incentive
payment under section 1833(z) of the Social Security Act (42
U.S.C. 1395l(z)) or a payment adjustment under section 1848(q)
of such Act (42 U.S.C. 1395w-4(q)).
(4) Technical assistance.--The Secretary shall provide
technical assistance, including waivers from any applicable
quality reporting requirements, to ACOs and providers
participating in the pilot program to incentivize their
participation and to evaluate the efficacy of digital reporting
methods.
(5) Report.--Not later than January 1, 2028, the Secretary
shall submit to Congress a report that includes--
(A) the findings and results of the pilot program
carried out under paragraph (1); and
(B) any recommendations for increasing the adoption
by additional ACOs of the digital reporting methods
tested under such pilot program.
(c) Development of Long-Term Digital Quality Reporting Standards.--
(1) In general.--Not later than January 1, 2030, the
Secretary shall implement standards for digital quality
reporting metrics and formats. Such standards shall ensure that
all EHR systems used by an ACO are capable of supporting
digital reporting methods across a diverse range of practice
sizes, specialties, and geographic locations.
(2) Consultation.--In developing the standards described in
paragraph (1), the Secretary shall collaborate with relevant
stakeholders, including representatives of the National
Committee for Quality Assurance, EHR vendors, ACOs, payers, and
national medical and specialty physician groups.
(d) Continued Use of Existing Reporting Methods.--
(1) In general.--An ACO or ACO participant may use the CMS
Web Interface portal, MIPS CQMs, Medicare CQMs, eCQMs, or any
other previously established quality reporting methods, for the
purpose of meeting such requirements until the date on which
the Secretary promulgates the standardized digital quality
reporting methods under subsection (c).
(2) Exemption.--No penalties shall be imposed on ACOs or
ACO participants for failure to comply with eCQM requirements
during the period prior to January 1, 2030, provided they are
in compliance with existing reporting methods.
(e) Definitions.--In this section:
(1) ACO.--The term ``ACO'' has the meaning given the term
``accountable care organization'' in section 425.20 of title
42, Code of Federal Regulations.
(2) ACO participant.--The term ``ACO participant'' has the
meaning given such term in section 425.20 of title 42, Code of
Federal Regulations.
(3) EHR.--The term ``EHR'' has the meaning given the term
``certified EHR technology'' in section 1848(o) of the Social
Security Act (42 U.S.C. 1395w-4(o)).
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