Page:United States Statutes at Large Volume 124.djvu/393

 124 STAT. 367 PUBLIC LAW 111–148—MAR. 23, 2010 subparagraph (A) by the entity with a contract under section 1890(a). ‘‘(B) REPORTS ON UTILIZATION.—Ef fective beginning with 2012, the Secretary shall provide reports to physicians that compare, as determined appropriate by the Secretary, patterns of resource use of the individual physician to such patterns of other physicians. ‘‘(C) ANALYSIS OF DATA.—The Secretary shall, for pur- poses of preparing reports under this paragraph, establish methodologies as appropriate, such as to— ‘‘(i) attribute episodes of care, in whole or in part, to physicians; ‘‘(ii) identify appropriate physicians for purposes of comparison under subparagraph (B); and ‘‘(iii) aggregate episodes of care attributed to a physician under clause (i) into a composite measure per individual. ‘‘(D) DATA ADJUSTMENT.—In preparing reports under this paragraph, the Secretary shall make appropriate adjustments, including adjustments— ‘‘(i) to account for differences in socioeconomic and demographic characteristics, ethnicity, and health status of individuals (such as to recognize that less healthy individuals may require more intensive inter- ventions); and ‘‘(ii) to eliminate the effect of geographic adjust- ments in payment rates (as described in subsection (e)). ‘‘(E) PUBLIC AVAILABILITY OF METHODOLOGY.—The Sec- retary shall make available to the public— ‘‘(i) the methodologies established under subpara- graph (C); ‘‘(ii) information regarding any adjustments made to data under subparagraph (D); and ‘‘(iii) aggregate reports with respect to physicians. ‘‘(F) DEFINITION OF PHYSICIAN.—In this paragraph: ‘‘(i) IN GENERAL.—The term ‘physician’ has the meaning given that term in section 1861(r)(1). ‘‘(ii) TREATMENT OF GROUPS.—Such term includes, as the Secretary determines appropriate, a group of physicians. ‘‘(G) LIMITATIONS ON REVIEW.—There shall be no administrative or judicial review under section 1869, sec- tion 1878, or otherwise of the establishment of the method- ology under subparagraph (C), including the determination of an episode of care under such methodology. ‘‘(10) COORDINATION WITH OTHER VALUE-BASED PURCHASING REFORMS.—The Secretary shall coordinate the Program with the value-based payment modifier established under subsection (p) and, as the Secretary determines appropriate, other similar provisions of this title.’’. (b) CONFORMING AMENDMENT.—Section 1890(b) of the Social Security Act (42 U.S.C. 1395aaa(b)) is amended by adding at the end the following new paragraph: ‘‘(6) REVIEW AND ENDORSEMENT OF EPISODE GROUPER UNDER THE PHYSICIAN FEEDBACK PROGRAM.—The entity shall provide for the review and, as appropriate, the endorsement of the