124 STAT. 366 PUBLIC LAW 111–148—MAR. 23, 2010 (2) by adding at the end the following new subparagraph: ‘‘(I) INFORMAL APPEALS PROCESS.—The Secretary shall, by not later than January 1, 2011, establish and have in place an informal process for eligible professionals to seek a review of the determination that an eligible profes- sional did not satisfactorily submit data on quality meas- ures under this subsection.’’. SEC. 3003. IMPROVEMENTS TO THE PHYSICIAN FEEDBACK PROGRAM. (a) IN GENERAL.—Section 1848(n) of the Social Security Act (42 U.S.C. 1395w–4(n)) is amended— (1) in paragraph (1)— (A) in subparagraph (A)— (i) by striking ‘‘GENERAL.—The Secretary’’ and inserting ‘‘GENERAL.— ‘‘(i) ESTABLISHMENT.—The Secretary’’; (ii) in clause (i), as added by clause (i), by striking ‘‘the ‘Program’)’’ and all that follows through the period at the end of the second sentence and inserting ‘‘the ‘Program’).’’; and (iii) by adding at the end the following new clauses: ‘‘(ii) REPORTS ON RESOURCES.—The Secretary shall use claims data under this title (and may use other data) to provide confidential reports to physicians (and, as determined appropriate by the Secretary, to groups of physicians) that measure the resources involved in furnishing care to individuals under this title. ‘‘(iii) INCLUSION OF CERTAIN INFORMATION.—If determined appropriate by the Secretary, the Secretary may include information on the quality of care fur- nished to individuals under this title by the physician (or group of physicians) in such reports.’’; and (B) in subparagraph (B), by striking ‘‘subparagraph (A)’’ and inserting ‘‘subparagraph (A)(ii)’’; (2) in paragraph (4)— (A) in the heading, by inserting ‘‘INITIAL’’ after ‘‘FOCUS’’; and (B) in the matter preceding subparagraph (A), by inserting ‘‘initial’’ after ‘‘focus the’’; (3) in paragraph (6), by adding at the end the following new sentence: ‘‘For adjustments for reports on utilization under paragraph (9), see subparagraph (D) of such paragraph.’’; and (4) by adding at the end the following new paragraphs: ‘‘(9) REPORTS ON UTILIZATION.— ‘‘(A) DEVELOPMENT OF EPISODE GROUPER.— ‘‘(i) IN GENERAL.—The Secretary shall develop an episode grouper that combines separate but clinically related items and services into an episode of care for an individual, as appropriate. ‘‘(ii) TIMELINE FOR DEVELOPMENT.—The episode grouper described in subparagraph (A) shall be devel- oped by not later than January 1, 2012. ‘‘(iii) PUBLIC AVAILABILITY.—The Secretary shall make the details of the episode grouper described in subparagraph (A) available to the public. ‘‘(iv) ENDORSEMENT.—The Secretary shall seek endorsement of the episode grouper described in Deadline.
