124 STAT. 963 PUBLIC LAW 111–148—MAR. 23, 2010 qualified Maintenance of Certification Program practice assessment. ‘‘(C) DEFINITIONS.—For purposes of this paragraph: ‘‘(i) The term ‘Maintenance of Certification Pro- gram’ means a continuous assessment program, such as qualified American Board of Medical Specialties Maintenance of Certification program or an equivalent program (as determined by the Secretary), that advances quality and the lifelong learning and self- assessment of board certified specialty physicians by focusing on the competencies of patient care, medical knowledge, practice-based learning, interpersonal and communication skills and professionalism. Such a pro- gram shall include the following: ‘‘(I) The program requires the physician to maintain a valid, unrestricted medical license in the United States. ‘‘(II) The program requires a physician to participate in educational and self-assessment pro- grams that require an assessment of what was learned. ‘‘(III) The program requires a physician to demonstrate, through a formalized, secure exam- ination, that the physician has the fundamental diagnostic skills, medical knowledge, and clinical judgment to provide quality care in their respective specialty. ‘‘(IV) The program requires successful comple- tion of a qualified Maintenance of Certification Program practice assessment as described in clause (ii). ‘‘(ii) The term ‘qualified Maintenance of Certifi- cation Program practice assessment’ means an assess- ment of a physician’s practice that— ‘‘(I) includes an initial assessment of an eligible professional’s practice that is designed to demonstrate the physician’s use of evidence-based medicine; ‘‘(II) includes a survey of patient experience with care; and ‘‘(III) requires a physician to implement a quality improvement intervention to address a practice weakness identified in the initial assess- ment under subclause (I) and then to remeasure to assess performance improvement after such intervention.’’. (b) AUTHORITY.—Section 3002(c) of this Act is amended by adding at the end the following new paragraph: ‘‘(3) AUTHORITY.—For years after 2014, if the Secretary of Health and Human Services determines it to be appropriate, the Secretary may incorporate participation in a Maintenance of Certification Program and successful completion of a qualified Maintenance of Certification Program practice assessment into the composite of measures of quality of care furnished pursuant to the physician fee schedule payment modifier, as described in section 1848(p)(2) of the Social Security Act (42 U.S.C. 1395w–4(p)(2)).’’. Determination. 42 USC 1395w–4 note.
