Page:United States Statutes at Large Volume 122.djvu/2550

 12 2 STA T . 2 5 2 7PUBLIC LA W 11 0– 275 —J UL Y 15, 200 8‘ ‘ (E)physic i an s w h otre ata m inim u m num b ero f in d i v idua l s under this title . ‘‘( 5 ) AUTHORI T Y TO EXCL U D E CERT A I N IN F OR M ATION IF IN S UFFICIENT INFORMATION. —T he S ecretary may e x clude cer - tain information re g arding a service from a report under the P rogram with respect to a physician (or group of physicians) if the Secretary determines that there is insufficient informa- tion relating to that service to provide a valid report on that service. ‘‘( 6 )AD J USTMENT OF DATA.—To the extent practicable , the Secretary shall ma k e appropriate ad j ustments to the data used in preparing reports under the Program, such as adjustments to take into account variations in health status and other patient characteristics. ‘‘( 7 ) EDUCATION AND OUTREACH.—The Secretary shall pro- vide for education and outreach activities to physicians on the operation of, and methodologies employed under, the Pro- gram. ‘‘( 8 ) D ISCLOSURE EXEM P TION.— R eports under the Program shall be exempt from disclosure under section 55 2 of title 5, U nited States C ode. ’ ’. (2) G A O STUDY AND REPORT ON THE PHYSICIAN FEED B AC K PRO G RAM.— (A) STUDY.—The Comptroller General of the United States shall conduct a study of the Physician F eedback Program conducted under section 1 8 4 8(n) of the Social Security Act, as added by paragraph (1), including the implementation of the Program. ( B ) REPORT.— N ot later than M arch 1, 2 0 11, the Comp- troller General of the United States shall submit a report to Congress containing the results of the study conducted under subparagraph (A), together with recommendations for such legislation and administrative action as the Comp- troller General determines appropriate. (d) PLAN FOR TRANSITION TO V ALUE-BASED PURCHASING PRO- GRAM FOR PHYSICIANS AND OTHER PRACTITIONERS.— (1) I N GENERAL.—The Secretary of H ealth and Human Services shall develop a plan to transition to a value-based purchasing program for payment under the Medicare program for covered professional services (as defined in section 1848(k)( 3 )(A) of the Social Security Act (42 U.S.C. 13 9 5w – 4(k)(3)(A))). (2) REPORT.—Not later than May 1, 2010, the Secretary of Health and Human Services shall submit a report to Con- gress containing the plan developed under paragraph (1), together with recommendations for such legislation and administrative action as the Secretary determines appropriate. SEC.132 . IN CEN T I V ES FOR E L ECTRONIC P RESCRI B IN G . (a) INCENTI V E PAYMENTS.—Section 1848(m) of the Social Secu- rity Act, as added and amended by section 131(b), is amended— (1) by inserting after paragraph (1), the following new paragraph

‘‘(2) INCENTIVE PAYMENTS FOR ELECTRONIC PRESCRIBING.— ‘‘(A) IN GENERAL.—For 2009 through 2013, with respect to covered professional services furnished during a reporting period by an eligible professional, if the eligible Deadlin e .42USC1395w– 4.

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