124 STAT. 383 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(J) other areas determined appropriate by the Sec- retary. ‘‘(3) ELIGIBLE ENTITIES.—To be eligible for a grant or con- tract under this subsection, an entity shall— ‘‘(A) have demonstrated expertise and capacity in the development and evaluation of quality measures; ‘‘(B) have adopted procedures to include in the quality measure development process— ‘‘(i) the views of those providers or payers whose performance will be assessed by the measure; and ‘‘(ii) the views of other parties who also will use the quality measures (such as patients, consumers, and health care purchasers); ‘‘(C) collaborate with the entity with a contract under section 1890(a) of the Social Security Act and other stake- holders, as practicable, and the Secretary so that quality measures developed by the eligible entity will meet the requirements to be considered for endorsement by the entity with a contract under such section 1890(a); ‘‘(D) have transparent policies regarding governance and conflicts of interest; and ‘‘(E) submit an application to the Secretary at such time and in such manner, as the Secretary may require. ‘‘(4) USE OF FUNDS.—An entity that receives a grant, con- tract, or agreement under this subsection shall use such award to develop quality measures that meet the following require- ments: ‘‘(A) Such measures support measures required to be reported under the Social Security Act, where applicable, and in support of gaps and existing quality measures that need improvement, as described in subsection (b)(1)(A). ‘‘(B) Such measures support measures developed under section 1139A of the Social Security Act and the Medicaid Quality Measurement Program under section 1139B of such Act, where applicable. ‘‘(C) To the extent practicable, data on such quality measures is able to be collected using health information technologies. ‘‘(D) Each quality measure is free of charge to users of such measure. ‘‘(E) Each quality measure is publicly available on an Internet website. ‘‘(d) OTHER ACTIVITIES BY THE SECRETARY.—The Secretary may use amounts available under this section to update and test, where applicable, quality measures endorsed by the entity with a contract under section 1890(a) of the Social Security Act or adopted by the Secretary. ‘‘(e) COORDINATION OF GRANTS.—The Secretary shall ensure that grants or contracts awarded under this section are coordinated with grants and contracts awarded under sections 1139A(5) and 1139B(4)(A) of the Social Security Act.’’. (b) SOCIAL SECURITY ACT.—Section 1890A of the Social Security Act, as added by section 3014(b), is amended by adding at the end the following new subsection: ‘‘(e) DEVELOPMENT OF QUALITY MEASURES.—The Administrator of the Center for Medicare & Medicaid Services shall through contracts develop quality measures (as determined appropriate by Requirements.
