[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5347 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 5347

     To amend title XVIII of the Social Security Act to ensure the 
  availability of appropriate collection types for quality reporting 
   under the Medicare Shared Savings Program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2025

 Mr. Buchanan (for himself, Mr. Panetta, Mr. Crenshaw, and Mr. LaHood) 
 introduced the following bill; which was referred to the Committee on 
    Ways and Means, and in addition to the Committee on Energy and 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
     To amend title XVIII of the Social Security Act to ensure the 
  availability of appropriate collection types for quality reporting 
   under the Medicare Shared Savings Program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care Efficiency Through 
Flexibility Act''.

SEC. 2. ENSURING AVAILABILITY OF APPROPRIATE COLLECTION TYPES FOR 
              QUALITY REPORTING UNDER THE MEDICARE SHARED SAVINGS 
              PROGRAM.

    Section 1899(b)(3)(B) of the Social Security Act (42 U.S.C. 
1395jjj(b)(3)(B)) is amended--
            (1) by striking ``An ACO shall submit'' and inserting the 
        following:
                            ``(i) In general.--An ACO shall submit''; 
                        and
            (2) by adding at the end the following new clauses:
                            ``(ii) Required availability of collection 
                        types for certain years.--For performance years 
                        2025 through 2029, the Secretary shall ensure 
                        that the following collection types (as 
                        described in section 414.1305 of title 42, Code 
                        of Federal Regulations (or a successor 
                        regulation)) are available with respect to each 
                        measure described in subparagraph (A)(i) 
                        required to be reported by an ACO under this 
                        paragraph:
                                    ``(I) Electronic clinical quality 
                                measures.
                                    ``(II) MIPS clinical quality 
                                measures.
                                    ``(III) Medicare Clinical Quality 
                                Measures for Accountable Care 
                                Organizations Participating in the 
                                Medicare Shared Savings Program.
                            ``(iii) Clarification on application of 
                        data completeness requirements in certain 
                        cases.--
                                    ``(I) In general.--In determining 
                                whether data submitted by an ACO with 
                                respect to a measure described in 
                                subparagraph (A)(i) for a performance 
                                year beginning on or after January 1, 
                                2025, satisfies the data completeness 
                                requirements applicable to such measure 
                                under section 414.1340 of title 42, 
                                Code of Federal Regulations (or a 
                                successor regulation) (as applied 
                                pursuant to section 425.512 of title 
                                42, Code of Federal Regulations (or a 
                                successor regulation)), the Secretary 
                                may not find such data to be 
                                unrepresentative of such ACO's 
                                performance for such year (as described 
                                in paragraph (e) of such section 
                                414.1340) based solely on the fact that 
                                such data excludes applicable data from 
                                1 or more ACO participants in such ACO 
                                if--
                                            ``(aa) such data submitted 
                                        by the ACO otherwise complies 
                                        with the data completeness 
                                        requirements of such section 
                                        414.1340; and
                                            ``(bb) such ACO 
                                        demonstrates to the 
                                        satisfaction of the Secretary 
                                        that such ACO participant was 
                                        unable to collect such data 
                                        through the collection type (as 
                                        described in clause (ii)) 
                                        selected by the ACO for the 
                                        submission of such data.
                                    ``(II) Definition.--In this clause, 
                                the term `ACO participant' has the 
                                meaning given such term in section 
                                425.20 of title 42, Code of Federal 
                                Regulations (or a successor 
                                regulation).
                                    ``(III) Implementation.--The 
                                Secretary may implement this clause by 
                                program instruction or otherwise.''.

SEC. 3. PILOT PROGRAM FOR DIGITAL QUALITY MEASURE REPORTING.

    Section 1899(b)(3)(B) of the Social Security Act (42 U.S.C. 
1395jjj(b)(3)(B)), as amended by section 2, is further amended by 
adding at the end the following new clause:
                            ``(iv) Pilot program for digital quality 
                        measure reporting.--
                                    ``(I) In general.--For each of 
                                performance years 2028 through 2032, 
                                the Secretary shall establish a digital 
                                quality measure reporting pilot program 
                                (in this clause referred to as the 
                                `program') under which ACOs selected 
                                under subclause (II) for such 
                                performance year report quality 
                                measures specified by the Secretary 
                                under subclause (III) for such 
                                performance year through a digital 
                                quality measure collection type 
                                specified by the Secretary.
                                    ``(II) Selection.--The Secretary 
                                shall select ACOs to participate in the 
                                program for a performance year from 
                                among ACOs that submit an application 
                                at such time and in such form and 
                                manner as specified by the Secretary.
                                    ``(III) Specification of quality 
                                measures.--For each performance year of 
                                the program, the Secretary shall 
                                specify 2 measures described in 
                                subparagraph (A)(i) otherwise required 
                                to be reported by ACOs for such 
                                performance year for which an ACO 
                                selected under subclause (II) shall 
                                submit data through the collection type 
                                specified in subclause (I).
                                    ``(IV) Waiver of requirement to 
                                report other measures.--The Secretary 
                                may not require an ACO selected under 
                                subclause (II) for a performance year 
                                to report data on any measure described 
                                in subparagraph (A) otherwise required 
                                to be reported by an ACO under this 
                                paragraph for such performance year, 
                                other than such a measure specified 
                                under subclause (III) for such 
                                performance year.
                                    ``(V) Disregard of data for certain 
                                measures.--The Secretary may not take 
                                into account any data for a measure 
                                specified under subclause (III) for a 
                                performance year submitted by an ACO 
                                selected under subclause (II) for such 
                                performance year, or any data for a 
                                measure with respect to which such ACO 
                                is not required to report data for such 
                                performance year under subclause (IV), 
                                in determining--
                                            ``(aa) whether such ACO has 
                                        met quality performance 
                                        standards established by the 
                                        Secretary under subparagraph 
                                        (C) for such performance year; 
                                        or
                                            ``(bb) any score for the 
                                        quality performance category 
                                        (as described in section 
                                        1848(q)(2)(A)(i)) for an ACO 
                                        participant (as defined in 
                                        clause (iii)(II)) in such ACO 
                                        for such performance year.
                                    ``(VI) Technical assistance.--The 
                                Secretary shall provide such technical 
                                assistance to ACOs selected to 
                                participate in the program as is 
                                practicable.
                                    ``(VII) Provision of information.--
                                Not later than December 31, 2032, the 
                                Secretary shall publicly post (or 
                                include as part of annual rulemaking 
                                for this section) the following:
                                            ``(aa) An analysis of the 
                                        program.
                                            ``(bb) Any recommendations 
                                        for increasing submissions of 
                                        data for measures described in 
                                        subparagraph (A)(i) through the 
                                        collection type specified in 
                                        subclause (I).
                                            ``(cc) A proposed timeline 
                                        for requiring such measures to 
                                        be submitted through such 
                                        collection type.''.
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