[Federal Register Volume 75, Number 166 (Friday, August 27, 2010)]
[Notices]
[Pages 52760-52762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21369]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-0031-N]


Medicare Program; Listening Session Regarding the Implementation 
of Section 10332 of the Patient Protection and Affordable Care Act, 
Availability of Medicare Data for Performance Measurement

DATE: September 20, 2010.
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Notice of meeting.

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SUMMARY: This notice announces a listening session to receive comments 
regarding implementation of section 10332 of the Patient Protection and 
Affordable Care Act (the Affordable Care Act), which amended section 
1874 of the Social Security Act: Availability of Medicare Data for 
Performance Measurement. The purpose of the listening session is to 
solicit input from potential stakeholders on key components of the 
design of the program. We are soliciting input on the types of 
organizations that may be interested in receiving data as qualified 
entities under this provision; the criteria such organizations will 
have to meet for participation; procedures for CMS to approve 
interested organizations for participation; provider communities and 
geographic areas that might be served by these entities; data elements 
required, and the sources and types of other data that these 
organizations might match to Medicare claims; challenges in calculating 
performance measures from the data, and issues related to the 
identification, selection, and reporting of the performance measures.

DATES: Meeting Date: The listening session will be held on Monday, 
September 20, 2010 from 9 a.m. until 1 p.m. Eastern Daylight Time 
(e.d.t.).
    Deadline for Meeting Registration and Request for Special 
Accommodations: Registration opens on August 27, 2010. Registration 
must be completed by 5 p.m. e.d.t. on September 16, 2010. Requests for 
special accommodations

[[Page 52761]]

must be received by 5 p.m. e.d.t. on September 16, 2010.
    Deadline for Submission of Written Comments or Statements: Written 
comments or statements may be sent via mail, fax, or electronically to 
the address specified in the ADDRESSES section of this notice and must 
be received by 5 p.m. e.d.t. on September 27, 2010.

ADDRESSES: Meeting Location: The listening session will be held in the 
main auditorium of the Central Building of the Centers for Medicare & 
Medicaid Services, 7500 Security Boulevard, Baltimore, MD 21244-1850.
    Registration and Special Accommodations: Persons interested in 
attending the meeting or participating by teleconference must register 
by completing the on-line registration via the CMS Web site at http://www.cms.gov. Individuals who require special accommodations should send 
an e-mail request to <a href="/cdn-cgi/l/email-protection#9ffcf0f3f3fafaf1b1fdedeafcfadffcf2ecb1f7f7ecb1f8f0e9"><span class="__cf_email__" data-cfemail="6d0e020101080803430f1f180e082d0e001e4305051e430a021b">[email protected]</span></a> or by regular mail to 
Colleen Bruce at the address specified in the FOR FURTHER INFORMATION 
CONTACT section of this notice.

FOR FURTHER INFORMATION CONTACT: For further information regarding the 
September 20, 2010 listening session contact Colleen Bruce at (410) 
786-5529. You may also send inquiries about this listening session by 
e-mail to <a href="/cdn-cgi/l/email-protection#f2919d9e9e97979cdc9080879197b2919f81dc9a9a81dc959d84"><span class="__cf_email__" data-cfemail="ec8f838080898982c28e9e998f89ac8f819fc284849fc28b839a">[email protected]</span></a> or by regular mail at Centers for 
Medicare & Medicaid Services, Mail Stop C5-19-16, 7500 Security 
Boulevard, Baltimore, MD 21244-1850.
    All persons planning to make a statement in person at the listening 
session are encouraged to submit statements in writing at the listening 
session and should subsequently submit the information electronically 
by the timeframe specified in the DATES section of this notice.

I. Background

    Section 10332 of the Patient Protection and Affordable Care Act 
(the Affordable Care Act) adds a new subsection to section 1874 of the 
Social Security Act (the Act), which requires that the Secretary of the 
Department of Health and Human Services (the Secretary) to make data 
available to qualified entities for the evaluation of the performance 
of providers of services and suppliers by January 1, 2012. A qualified 
entity is a public or private entity that meets qualifications 
established by the Secretary and that proposes to use claims data to 
evaluate the performance of providers of services and suppliers on 
measures of quality, efficiency, effectiveness, and resource use. These 
data will be standardized extracts of Medicare Parts A, B, and D claims 
data for one or more specified geographic areas and time periods 
requested by a qualified entity. This provision specifies that the 
Secretary shall take such actions as deemed necessary to protect the 
identity of individual beneficiaries. The data shall be made available 
to qualified entities at a fee equal to the cost of making such data 
available.
    Section 1874 of the Act states that a qualified entity requesting 
data under this subsection must:
    <bullet> Submit a description of the methodologies it will use to 
evaluate the performance of providers and suppliers;
    <bullet> Use standard/endorsed measures, or alternative measures if 
the Secretary so determines;
    <bullet> Include data made available under this subsection with 
claims data from other sources in the evaluation of performance of 
providers of services and suppliers;
    <bullet> Only use data made available, and information derived from 
an evaluation of the performance of providers and suppliers, for the 
reports required by this provision;
    <bullet> Include in the reports an understandable description of 
the measures, risk adjustment methods, physician attribution methods, 
other applicable methods, and data specifications and limitations;
    <bullet> Receive prior review by the Secretary of the format of 
proposed reports;
    <bullet> Make the information available confidentially, to any 
provider or supplier prior to the public release of such report; and
    <bullet> Only include information on a provider of services or 
supplier in aggregate form.

This section must be implemented by January 1, 2012.

II. Listening Session Format

    The listening session will be held on September 20, 2010. 
Employers, health plans and their representatives, measure developers, 
health care providers and professionals, professional associations, 
consumer organizations, community representatives, and other interested 
stakeholders are invited to participate, in person or by 
teleconference. The session will begin at 9:00 a.m. e.d.t. with an 
overview of the objectives for the session and a brief summary of the 
requirements of section 10332 of the Affordable Care Act. Beginning at 
approximately 9:30 a.m. e.d.t., the remainder of the meeting will be 
devoted to presenting the questions for comment and receiving comments 
on design and policy options in four topic areas--(1) Eligibility 
criteria and the application process for qualified entities; (2) 
definition and selection of quality and performance measures; (3) data 
extraction and distribution process; and (4) data privacy and security 
requirements, including oversight. The agenda will provide 
opportunities for brief two-minute comments from on-site session 
attendees regarding the questions for comment and design and policy 
options. As time allows, telephone participants will also have the 
opportunity to provide brief two-minute comments. The meeting will 
conclude by 1 p.m. with brief comments on our next steps. The opinions 
and alternatives provided during this meeting will assist us as we 
develop requirements for this program. We anticipate posting background 
materials and the questions for comment on the CMS Web site at http://www.cms.gov/ approximately two weeks before the session.

III. Registration Instructions

    For security reasons, any persons wishing to attend this meeting 
must register by the date listed in the DATES section of this notice. 
Persons interested in attending the meeting or participating by 
teleconference must register by completing the on-line registration via 
the designated Web site at http://www.cms.gov. The on-line registration 
system will generate a confirmation page to indicate the completion of 
your registration. Participants should print this page as his or her 
registration receipt.
    Individuals may also participate in the listening session by 
teleconference. Registration is required as the number of call-in lines 
will be limited. The call-in number will be provided upon confirmation 
of registration.
    An audio download and transcript of the listening session will be 
available within two weeks after completion of the listening session 
through the CMS Web site at http://www.cms.gov.

IV. Security, Building, and Parking Guidelines

    This meeting will be held in a Federal government building; 
therefore, Federal security measures are applicable. In planning your 
arrival time, we recommend allowing additional time to clear security. 
The on-site check-in for visitors will begin at 8:15 a.m. e.d.t. We 
recommend that participants allow sufficient time to complete security 
checkpoints.
    Security measures include the following:

[[Page 52762]]

    <bullet> Presentation of government-issued photographic 
identification to the Federal Protective Service or Guard Service 
personnel.
    <bullet> Interior and exterior inspection of vehicles (this 
includes engine and trunk inspection) at the entrance to the grounds. 
Parking permits and instructions will be issued after the vehicle 
inspection.
    <bullet> Passing through a metal detector and inspection of items 
brought into the building. We note that all items brought to CMS, 
whether personal or for the purpose of demonstration or to support a 
demonstration, are subject to inspection.
    We cannot assume responsibility for coordinating the receipt, 
transfer, transport, storage, set-up, safety, or timely arrival of any 
personal belongings or items used for demonstration or to support a 
demonstration.
    We note that individuals who are not registered in advance will not 
be permitted to enter the building and will be unable to attend the 
meeting. The public may not enter the building earlier than 45 minutes 
prior to the convening of the meeting. All visitors must be escorted in 
areas other than the lower and first floor levels in the Central 
Building. Seating capacity is limited to the first 250 registrants.

(Catalog of Federal Domestic Assistance Program No. 93.773, 
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)

    Dated: August 18, 2010.
Donald M. Berwick,
Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 2010-21369 Filed 8-26-10; 8:45 am]
BILLING CODE P


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