Page:United States Statutes at Large Volume 122.djvu/2561

 12 2 STA T . 2 538PUBLIC LA W 11 0– 2 7 5 —J UL Y 15, 2008 (I I )thesa t i s f a c ti on of p h y sicians pa r ticipatin g in the d e m onstration pro j ect (III) if app l ica b le , timelines for the pro v ision of feedbac k reports u nder paragraph ( 3 )( B ); and (I V ) any other areas determined appropriate by the S ecretary . (3) COMPARIS O N O FUT I L I Z ATION OF A DV AN CE D DIA G NOSTIC IMAGING SERVICES AND FEED B AC K REPORTS. — ( A ) COMPARISON OF UTILIZATION OF ADVANCED DIAG - NOSTIC IMAGING SERVICES.— T he Secretary shall consult w ith medical specialty societies and other stakeholders to develop mechanisms for comparing the utili z ation of advanced diagnostic imaging services by physicians partici- pating in the demonstration project under this subsection against— (i) the appropriateness criteria selected under paragraph ( 2 )( D ); and (ii) to the e x tent feasible, the utilization of such services by physicians not participating in the dem- onstration project. (B) F EEDBACK REPORTS.—The Secretary shall, in con- sultation with medical specialty societies and other stake- holders, develop mechanisms to provide feedback reports to physicians participating in the demonstration project under this subsection. Such feedback reports shall include— (i) a profile of the rate of compliance by the physi- cian with appropriateness criteria selected under para- graph (2)(D), including a comparison of— (I) the rate of compliance by the physician with such criteria; and (II) the rate of compliance by the physician ’ s peers (as defined by the Secretary) with such cri- teria; and (ii) to the extent feasible, a comparison of— (I) the rate of utilization of advanced diag- nostic imaging services by the physician; and (II) the rate of utilization of such services by the physician’s peers (as defined by the Secretary) who are not participating in the demonstration project. ( 4 ) CONDUCT OF DEMONSTRATION PRO J ECT AND W AIVER.— (A) CONDUCT OF DEMONSTRATION PROJECT.—Chapter 3 5 of title 44, U nited States Code, shall not apply to the conduct of the demonstration project under this subsection. (B) W AIVER.—The Secretary may waive such provisions of titles X I and XVIII of the Social Security Act (42 U.S.C. 1 3 0 1etse q .; 13 9 5 et seq.) as may be necessary to carry out the demonstration project under this subsection. (5) E VALUATION AND REPORT.— (A) EVALUATION.—The Secretary shall evaluate the demonstration project under this subsection to— (i) assess the timeliness and efficacy of the dem- onstration project; (ii) assess the performance of entities under a con- tract entered into under paragraph (2)(I)(i); (iii) analyze data—

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