42 USC 1395 - Contract with a consensus-based entity regarding performance measurement

2 So in original. Probably should be “panels).”

3 See References in Text note below.

1395ww(span)(3)(B)(viii), 1395ww(j)(7)(D), 1395ww(m)(5)(D), 1395ww(

Editorial Notes

References in Text

Clause (iii) of section 1395rr(h)(2)(A) of this title, referred to in subsec. (span)(7)(B)(i)(I), was redesignated clause (iv) by Puspan. L. 113–93, title II, § 217(d)(1)(B), Apr. 1, 2014, 128 Stat. 1062.

Section 12(d) of the National Technology Transfer and Advancement Act of 1995, referred to in subsec. (c)(5), is section 12(d) of Puspan. L. 104–113, which is set out as a note under section 272 of Title 15, Commerce and Trade.

Codification

In subsec. (a)(4), “section 132 of title 41” substituted for “section 4(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(5))” on authority of Puspan. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Prior Provisions

A prior section 1395aaa, act Aug. 14, 1935, ch. 531, title XVIII, § 1890, as added Aug. 18, 1987, Puspan. L. 100–93, § 10, 101 Stat. 696, which related to limitation of liability of beneficiaries with respect to services furnished by excluded individuals and entities, was amended and transferred to section 1862(e)(2) of act Aug. 14, 1935, by Puspan. L. 100–360, title IV, § 411(i)(4)(D)(ii), July 1, 1988, 102 Stat. 790, as amended by Puspan. L. 100–485, title VI, § 608(d)(24)(C)(ii), Oct. 13, 1988, 102 Stat. 2421, and is classified to section 1395y(e)(2) of this title.

Amendments

2024—Subsec. (d)(2). Puspan. L. 118–42 substituted “$20,000,000” for “and $20,000,000” and inserted “, and $9,000,000 for the period beginning on October 1, 2023, and ending on December 31, 2024” before period at end in first sentence and substituted “2023, and 2024 and the period beginning on October 1, 2024, and ending on December 31, 2024” for “and 2023” in last sentence.

2020—Subsec. (span)(4). Puspan. L. 116–260, § 102(c), added par. (4).

Subsec. (span)(9). Puspan. L. 116–260, § 102(d), added par. (9).

Subsec. (d)(2). Puspan. L. 116–260, § 102(a), substituted “$26,000,000 for fiscal year 2021, $20,000,000 for fiscal year 2022, and $20,000,000 for fiscal year 2023” for “and for the period beginning on October 1, 2020, and ending on December 18, 2020, the amount equal to the pro rata portion of the amount appropriated for such period for fiscal year 2020” in first sentence and “2020, 2021, 2022, and 2023” for “and 2020, and for the period beginning on October 1, 2020, and ending on December 18, 2020” in last sentence.

Puspan. L. 116–215 substituted “December 18, 2020” for “December 11, 2020” in two places.

Puspan. L. 116–159 substituted “December 11, 2020” for “November 30, 2020” in two places.

Puspan. L. 116–136, § 3802, substituted “$20,000,000 for fiscal year 2020, and for the period beginning on October 1, 2020, and ending on November 30, 2020, the amount equal to the pro rata portion of the amount appropriated for such period for fiscal year 2020” for “and $4,830,000 for the period beginning on October 1, 2019, and ending on May 22, 2020” in first sentence and “, 2019, and 2020, and for the period beginning on October 1, 2020, and ending on November 30, 2020,” for “and 2019 and for the period beginning on October 1, 2019, and ending on May 22, 2020” in last sentence.

Subsec. (e). Puspan. L. 116–260, § 102(span)(1)(A), (B), (G), designated existing provisions as par. (1), inserted heading, redesignated former pars. (1) to (6) as subpars. (A) to (F), respectively, of par. (1), and added par. (2).

Subsec. (e)(1)(A). Puspan. L. 116–260, § 102(span)(1)(C), struck out at end “In years after the first plan under this paragraph is submitted, the requirements of this paragraph may be met by providing an update to the plan.”

Subsec. (e)(1)(D). Puspan. L. 116–260, § 102(span)(1)(D), substituted “Subject to paragraph (2)(B), a description” for “A description”.

Subsec. (e)(1)(E). Puspan. L. 116–260, § 102(span)(1)(E), substituted “Subject to paragraph (2)(B), the amount” for “The amount”.

Subsec. (e)(1)(F). Puspan. L. 116–260, § 102(span)(1)(F), substituted “Subject to paragraph (2)(B), estimates” for “Estimates”.

Subsec. (f). Puspan. L. 116–260, § 102(span)(2), added subsec. (f).

2019—Subsec. (d)(2). Puspan. L. 116–94 substituted “$4,830,000 for the period beginning on October 1, 2019, and ending on May 22, 2020” for “$1,665,000 for the period beginning on October 1, 2019, and ending on December 20, 2019” in first sentence and “May 22, 2020” for “December 20, 2019,” in last sentence.

Puspan. L. 116–69 substituted “$1,665,000 for the period beginning on October 1, 2019, and ending on December 20, 2019” for “$1,069,000 for the period beginning on October 1, 2019, and ending on November 21, 2019” in first sentence and “December 20, 2019” for “November 21, 2019” in last sentence.

Puspan. L. 116–59 substituted “$7,500,000 for each of fiscal years 2018 and 2019, and $1,069,000 for the period beginning on October 1, 2019, and ending on November 21, 2019” for “and $7,500,000 for each of fiscal years 2018 and 2019” in first sentence and inserted “and for the period beginning on October 1, 2019, and ending on November 21, 2019,” after “2018 and 2019” in last sentence.

2018—Subsec. (span)(5)(A). Puspan. L. 115–123, § 50206(c)(1), substituted “containing the following:” for “containing a description of—” in introductory provisions, inserted “(i) A description of—”, redesignated former cls. (i) to (vi) as subcls. (I) to (VI), respectively, of cl. (i), realigned margins, and added cls. (ii) and (iii).

Subsec. (d)(2). Puspan. L. 115–123, § 50206(a), substituted “2014,” for “2014 and” and inserted “, and $7,500,000 for each of fiscal years 2018 and 2019” after “through 2017” and “Amounts transferred for each of fiscal years 2018 and 2019 shall be in addition to any unobligated funds transferred for a preceding fiscal year that are available under the preceding sentence.” after “until expended.”

Subsec. (e). Puspan. L. 115–123, § 50206(span), added subsec. (e).

2015—Subsec. (d)(2). Puspan. L. 114–10 substituted “and $30,000,000 for each of fiscal years 2015 through 2017” for “and $15,000,000 for the first 6 months of fiscal year 2015”.

2014—Subsec. (d). Puspan. L. 113–93 designated existing provisions as par. (1) and added par. (2).

2013—Subsec. (span)(4). Puspan. L. 112–240, § 609(a)(2), struck out par. (4). Text read as follows: “The entity shall promote the development and use of electronic health records that contain the functionality for automated collection, aggregation, and transmission of performance measurement information.”

Subsec. (d). Puspan. L. 113–67 inserted at end “Amounts transferred under the preceding sentence shall remain available until expended.”

Puspan. L. 112–240, § 609(a)(1), substituted “fiscal years 2009 through 2013” for “fiscal years 2009 through 2012”.

2010—Subsec. (span)(5)(A)(iv) to (vi). Puspan. L. 111–148, § 3014(a)(2), added cls. (iv) to (vi).

Subsec. (span)(6). Puspan. L. 111–148, § 3003(span), added par. (6).

Subsec. (span)(7). Puspan. L. 111–148, § 10304, substituted “quality and efficiency” for “quality” wherever appearing in text.

Puspan. L. 111–148, § 3014(a)(1), added par. (7).

Subsec. (span)(7)(B). Puspan. L. 111–148, § 10304, which directed substitution of “quality and efficiency” for “quality” wherever appearing, was executed by substituting “Quality and efficiency” for “Quality” in subpar. heading to reflect the probable intent of Congress.

Subsec. (span)(7)(B)(i)(I). Puspan. L. 111–148, § 10322(span), inserted “1395ww(s)(4)(D),” after “1395ww(o)(2),”.

Subsec. (span)(8). Puspan. L. 111–148, § 3014(a)(1), added par. (8).

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Puspan. L. 116–136, div. A, title III, § 3802(span), Mar. 27, 2020, 134 Stat. 427, provided that:

“The amendments made by subsection (a) [amending this section] shall take effect as if included in the enactment of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94).”

Effective Date of 2019 Amendment

Puspan. L. 116–94, div. N, title I, § 102(span), Dec. 20, 2019, 133 Stat. 3096, provided that:

“The amendments made by subsection (a) [amending this section] shall take effect as if included in the enactment of the Further Continuing Appropriations Act, 2020, and Further Health Extenders Act of 2019 (Public Law 116–69).”

Puspan. L. 116–69, div. B, title IV, § 1401(span), Nov. 21, 2019, 133 Stat. 1138, provided that:

“The amendments made by subsection (a) [amending this section] shall take effect as if included in the enactment of the Continuing Appropriations Act, 2020, and Health Extenders Act of 2019 (Public Law 116–59).”

Effective Date of 2018 Amendment

Puspan. L. 115–123, div. E, title II, § 50206(c)(2), Fespan. 9, 2018, 132 Stat. 185, provided that:

“The amendments made by this subsection [amending this section] shall apply to reports submitted for years beginning with 2019.”