Page:United States Statutes at Large Volume 124.djvu/1039

 124 STAT. 1013 PUBLIC LAW 111–148—MAR. 23, 2010 an opinion regarding the merit of the claim, although the substance of such opinion may have no bearing on whether the complainant may proceed with a case. ‘‘(3) MEASURES.—The evaluations under paragraph (2) shall analyze and make comparisons on the basis of— ‘‘(A) the nature and number of disputes over injuries allegedly caused by health care providers or health care organizations; ‘‘(B) the nature and number of claims in which tort litigation was pursued despite the existence of an alter- native under subsection (a); ‘‘(C) the disposition of disputes and claims, including the length of time and estimated costs to all parties; ‘‘(D) the medical liability environment; ‘‘(E) health care quality; ‘‘(F) patient safety in terms of detecting, analyzing, and helping to reduce medical errors and adverse events; ‘‘(G) patient and health care provider and organization satisfaction with the alternative under subsection (a) and with the medical liability environment; and ‘‘(H) impact on utilization of medical services, appro- priately adjusted for risk. ‘‘(4) FUNDING.—The Secretary shall reserve 5 percent of the amount appropriated in each fiscal year under subsection (k) to carry out this subsection. ‘‘(h) MEDPAC AND MACPAC REPORTS.— ‘‘(1) MEDPAC.—The Medicare Payment Advisory Commis- sion shall conduct an independent review of the alternatives to current tort litigation that are implemented under grants under subsection (a) to determine the impact of such alter- natives on the Medicare program under title XVIII of the Social Security Act, and its beneficiaries. ‘‘(2) MACPAC.—The Medicaid and CHIP Payment and Access Commission shall conduct an independent review of the alternatives to current tort litigation that are implemented under grants under subsection (a) to determine the impact of such alternatives on the Medicaid or CHIP programs under titles XIX and XXI of the Social Security Act, and their bene- ficiaries. ‘‘(3) REPORTS.—Not later than December 31, 2016, the Medicare Payment Advisory Commission and the Medicaid and CHIP Payment and Access Commission shall each submit to Congress a report that includes the findings and recommenda- tions of each respective Commission based on independent reviews conducted under paragraphs (1) and (2), including an analysis of the impact of the alternatives reviewed on the efficiency and effectiveness of the respective programs. ‘‘(i) OPTION TO PROVIDE FOR INITIAL PLANNING GRANTS.—Of the funds appropriated pursuant to subsection (k), the Secretary may use a portion not to exceed $500,000 per State to provide planning grants to such States for the development of demonstration project applications meeting the criteria described in subsection (c). In selecting States to receive such planning grants, the Secretary shall give preference to those States in which State law at the time of the application would not prohibit the adoption of an alter- native to current tort litigation. ‘‘(j) DEFINITIONS.—In this section: