12 2 STA T . 2 5 22 PUBLIC LA W 11 0– 2 7 5 —J UL Y 15 , 200 8‘ ‘ (i i )EXCEPTION.—Inthecas e of as p ecifie d a r ea or m edica l topic determined appropriate by the S ec - retary for w hich a feasible and practical meas u re 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 lon g as due consideration is gi v en to measures that have been endorsed or adopted by a consensus organi z ation identified by the Secretary, such as the AQ A alliance. ‘‘( D ) O PPO R T U NIT Y TO PRO V I D E INPUT ON M E AS URES F OR 20 0 9 AND SU B SE Q UENT YEARS.— F or each q uality measure (including an electronic prescribing quality measure) adopted by the Secretary under subparagraph ( B ) (with respect to 2 009) or subparagraph ( C ), the Sec- retary shall ensure that eligible professionals have the opportunity to provide input during the development, endorsement, or selection of measures applicable to services they furnish. ’ ’. (2) R EDESI G NATION OF REPORTING SYSTEM.—Subsection (c) of section 101 of division B of the T a x Relief and H ealth Care Act of 200 6 ( 4 2 U .S.C. 1 3 9 5 w – 4 note), as amended by section 101(b)(2) of the M edicare, Medicaid, and SCHI P Exten- sion Act of 200 7 (Public L aw 110–173), is redesignated as subsection (m) of section 1848 of the Social Security Act. (3) INCENTIVE PAYMENTS UNDER REPORTING SYSTEM.—Sec- tion 1848(m) of the Social Security Act, as redesignated by paragraph (2), is amended— (A) by amending the heading to read as follows
‘‘INCENTIVE PAYMENTS FOR QUA L ITY REPORTING’’
(B) by stri k ing paragraph (1) and inserting the fol- lowing: ‘‘(1) INCENTIVE PAYMENTS.— ‘‘(A) IN GENERAL.—For 2007 through 2010, with respect to covered professional services furnished during a reporting period by an eligible professional, if— ‘‘(i) there are any quality measures that have been established under the physician reporting system that are applicable to any such services furnished by such professional for such reporting period; and ‘‘(ii) the eligible professional satisfactorily submits (as determined under this subsection) to the Secretary data on such quality measures in accordance with such reporting system for such reporting period, in addition to the amount otherwise paid under this part, there also shall be paid to the eligible professional (or to an employer or facility in the cases described in clause (A) of section 1842(b)(6)) or, in the case of a group practice under paragraph (3)(C), to the group practice, from the Federal Supplementary Medical Insurance Trust Fund established under section 1841 an amount equal to the applicable quality percent of the Secretary’s estimate (based on claims submitted not later than 2 months after the end of the reporting period) of the allowed charges under this part for all such covered professional services furnished by the eligible professional (or, in the case of a group practice under paragraph (3)(C), by the group practice) during the reporting period. Deadlin e .42USC1395w– 4.
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