Page:United States Statutes at Large Volume 124.djvu/949

 124 STAT. 923 PUBLIC LAW 111–148—MAR. 23, 2010 (j) Subtitle F of title III of this Act is amended by adding at the end the following: ‘‘SEC. 3512. GAO STUDY AND REPORT ON CAUSES OF ACTION. ‘‘(a) STUDY.— ‘‘(1) IN GENERAL.—The Comptroller General of the United States shall conduct a study of whether the development, rec- ognition, or implementation of any guideline or other standards under a provision described in paragraph (2) would result in the establishment of a new cause of action or claim. ‘‘(2) PROVISIONS DESCRIBED.—The provisions described in this paragraph include the following: ‘‘(A) Section 2701 (adult health quality measures). ‘‘(B) Section 2702 (payment adjustments for health care acquired conditions). ‘‘(C) Section 3001 (Hospital Value-Based Purchase Pro- gram). ‘‘(D) Section 3002 (improvements to the Physician Quality Reporting Initiative). ‘‘(E) Section 3003 (improvements to the Physician Feed- back Program). ‘‘(F) Section 3007 (value based payment modifier under physician fee schedule). ‘‘(G) Section 3008 (payment adjustment for conditions acquired in hospitals). ‘‘(H) Section 3013 (quality measure development). ‘‘(I) Section 3014 (quality measurement). ‘‘(J) Section 3021 (Establishment of Center for Medi- care and Medicaid Innovation). ‘‘(K) Section 3025 (hospital readmission reduction pro- gram). ‘‘(L) Section 3501 (health care delivery system research, quality improvement). ‘‘(M) Section 4003 (Task Force on Clinical and Preven- tive Services). ‘‘(N) Section 4301 (research to optimize deliver of public health services). ‘‘(b) REPORT.—Not later than 2 years after the date of enact- ment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress, a report containing the findings made by the Comptroller General under the study under subsection (a).’’. SEC. 10202. INCENTIVES FOR STATES TO OFFER HOME AND COMMU - NITY-BASED SERVICES AS A LONG -TERM CARE ALTER- NATIVE TO NURSING HOMES. (a) STATE BALANCING INCENTIVE PAYMENTS PROGRAM.—Not- withstanding section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)), in the case of a balancing incentive payment State, as defined in subsection (b), that meets the conditions described in subsection (c), during the balancing incentive period, the Federal medical assistance percentage determined for the State under sec- tion 1905(b) of such Act and, if applicable, increased under sub- section (z) or (aa) shall be increased by the applicable percentage points determined under subsection (d) with respect to eligible medical assistance expenditures described in subsection (e). (b) BALANCING INCENTIVE PAYMENT STATE.—A balancing incen- tive payment State is a State— 42 USC 1396d note.