Page:United States Statutes at Large Volume 124.djvu/396

 124 STAT. 370 PUBLIC LAW 111–148—MAR. 23, 2010 adopted by a consensus organization identified by the Secretary. ‘‘(iii) TIME FRAME.—Not later than October 1, 2012, the Secretary shall publish the measures selected under this subparagraph that will be applicable with respect to fiscal year 2014. ‘‘(E) PUBLIC AVAILABILITY OF DATA SUBMITTED.—The Secretary shall establish procedures for making data sub- mitted under subparagraph (C) available to the public. Such procedures shall ensure that a rehabilitation facility has the opportunity to review the data that is to be made public with respect to the facility prior to such data being made public. The Secretary shall report quality measures that relate to services furnished in inpatient settings in rehabilitation facilities on the Internet website of the Cen- ters for Medicare & Medicaid Services.’’. (c) HOSPICE PROGRAMS.—Section 1814(i) of the Social Security Act (42 U.S.C. 1395f(i)) is amended— (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following new para- graph: ‘‘(5) QUALITY REPORTING.— ‘‘(A) REDUCTION IN UPDATE FOR FAILURE TO REPORT.— ‘‘(i) IN GENERAL.—For purposes of fiscal year 2014 and each subsequent fiscal year, in the case of a hospice program that does not submit data to the Secretary in accordance with subparagraph (C) with respect to such a fiscal year, after determining the market basket percentage increase under paragraph (1)(C)(ii)(VII) or paragraph (1)(C)(iii), as applicable, and after applica- tion of paragraph (1)(C)(iv), with respect to the fiscal year, the Secretary shall reduce such market basket percentage increase by 2 percentage points. ‘‘(ii) SPECIAL RULE.—The application of this subparagraph may result in the market basket percent- age increase under paragraph (1)(C)(ii)(VII) or para- graph (1)(C)(iii), as applicable, being less than 0.0 for a fiscal year, and may result in payment rates under this subsection for a fiscal year being less than such payment rates for the preceding fiscal year. ‘‘(B) NONCUMULATIVE APPLICATION.—Any reduction under subparagraph (A) shall apply only with respect to the fiscal year involved and the Secretary shall not take into account such reduction in computing the payment amount under this subsection for a subsequent fiscal year. ‘‘(C) SUBMISSION OF QUALITY DATA.—For fiscal year 2014 and each subsequent fiscal year, each hospice program shall submit to the Secretary data on quality measures specified under subparagraph (D). Such data shall be sub- mitted in a form and manner, and at a time, specified by the Secretary for purposes of this subparagraph. ‘‘(D) QUALITY MEASURES.— ‘‘(i) IN GENERAL.—Subject to clause (ii), any measure specified by the Secretary under this subpara- graph must have been endorsed by the entity with a contract under section 1890(a). Web posting. Review. Procedures. Publication.