Page:United States Statutes at Large Volume 124.djvu/419

 124 STAT. 393 PUBLIC LAW 111–148—MAR. 23, 2010 with respect to program spending under the applicable title, certifies), after testing has begun, that the model is expected to— ‘‘(i) improve the quality of care (as determined by the Administrator of the Centers for Medicare & Medicaid Services) without increasing spending under the applicable title; ‘‘(ii) reduce spending under the applicable title without reducing the quality of care; or ‘‘(iii) improve the quality of care and reduce spending. Such termination may occur at any time after such testing has begun and before completion of the testing. ‘‘(4) EVALUATION.— ‘‘(A) IN GENERAL.—The Secretary shall conduct an evaluation of each model tested under this subsection. Such evaluation shall include an analysis of— ‘‘(i) the quality of care furnished under the model, including the measurement of patient-level outcomes and patient-centeredness criteria determined appro- priate by the Secretary; and ‘‘(ii) the changes in spending under the applicable titles by reason of the model. ‘‘(B) INFORMATION.—The Secretary shall make the results of each evaluation under this paragraph available to the public in a timely fashion and may establish require- ments for States and other entities participating in the testing of models under this section to collect and report information that the Secretary determines is necessary to monitor and evaluate such models. ‘‘(c) EXPANSION OF MODELS (PHASE II).—Taking into account the evaluation under subsection (b)(4), the Secretary may, through rulemaking, expand (including implementation on a nationwide basis) the duration and the scope of a model that is being tested under subsection (b) or a demonstration project under section 1866C, to the extent determined appropriate by the Secretary, if— ‘‘(1) the Secretary determines that such expansion is expected to— ‘‘(A) reduce spending under applicable title without reducing the quality of care; or ‘‘(B) improve the quality of care and reduce spending; and ‘‘(2) the Chief Actuary of the Centers for Medicare & Med- icaid Services certifies that such expansion would reduce pro- gram spending under applicable titles. ‘‘(d) IMPLEMENTATION.— ‘‘(1) WAIVER AUTHORITY.—The Secretary may waive such requirements of titles XI and XVIII and of sections 1902(a)(1), 1902(a)(13), and 1903(m)(2)(A)(iii) as may be necessary solely for purposes of carrying out this section with respect to testing models described in subsection (b). ‘‘(2) LIMITATIONS ON REVIEW.—There shall be no adminis- trative or judicial review under section 1869, section 1878, or otherwise of— ‘‘(A) the selection of models for testing or expansion under this section; Certification. Determination. Public information. Determination.