Page:United States Statutes at Large Volume 122.djvu/2608

 12 2 STA T . 2 58 5 PUBLIC LA W 11 0– 2 7 5 —J UL Y 15, 2008 sta t u s ,l a ng uag ec a p a bi lities, r ace o ret h nicit y ,an d inco m e le v el and ‘ ‘ (B) is consistent across types o f health care providers, including hospitals and physicians . ‘‘( 3 ) MAINTE NAN C E OFM EA SUR ES. —T he entity shall estab - lish and implement a process to ensure that measures endorsed under paragraph ( 2 ) are updated (or retired if obsolete) as ne w evidence is developed. ‘‘( 4 ) P ROMOTION OF T H E D E V E L O P MENT OF ELECTRONIC HEALTH RECORDS.—The entity shall promote the development and use of electronic health records that contain the functionality for automated collection, aggregation, and trans- mission of performance measurement information. ‘‘( 5 ) A NNUAL REPORT TO CON G RESS AND THE SECRETAR Y SECRETARIAL PU B LICATION AND COMMENT.— ‘‘(A) ANNUAL REPORT.—By not later than March 1 of each year (beginning with 2 0 0 9 ), the entity shall submit to C ongress and the S ecretary a report containing a descrip- tion of— ‘‘(i) the implementation of q uality measurement initiatives under this Act and the coordination of such initiatives with quality initiatives implemented by other payers; ‘‘(ii) the recommendations made under paragraph (1); and ‘‘(iii) the performance by the entity of the duties required under the contract entered into with the Sec- retary under subsection (a). ‘‘(B) SECRETARIAL REVIE W AND PUBLICATION OF ANNUAL REPORT.— N ot later than 6 months after receiving a report under subparagraph (A) for a year, the Secretary shall— ‘‘(i) review such report; and ‘‘(ii) publish such report in the F ederal R egister, together with any comments of the Secretary on such report. ‘‘(c) RE Q UIREMENTS D ESCRIBED.—The requirements described in this subsection are the following

‘‘(1) PRIVATE NONPROFIT.—The entity is a private nonprofit entity governed by a board. ‘‘(2) BOARD MEMBERSHIP.—The members of the board of the entity include— ‘‘(A) representatives of health plans and health care providers and practitioners or representatives of groups representing such health plans and health care providers and practitioners; ‘‘(B) health care consumers or representatives of groups representing health care consumers; and ‘‘(C) representatives of purchasers and employers or representatives of groups representing purchasers or employers. ‘‘(3) E NTITY MEMBERSHIP.—The membership of the entity includes persons who have e x perience with— ‘‘(A) urban health care issues; ‘‘(B) safety net health care issues; ‘‘(C) rural and frontier health care issues; and ‘‘(D) health care quality and safety issues.

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