,,ii  #aacth ,,congress  #ast ,session  
,s4 #ageh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #ba1 
#bjac,ms4 ,baldwin 7for herself and ,mr4
 ,thune7 introduced the following bill2 
which was read twice and referred to the
 ,committee on ,finance  ,a ,,bill  ,to 
amend title ,,xviii of the ,social      
,security ,act to increase access to    
,medicare data4  #a4 ,short title ,this 
,act may be cited as the ,quality ,data1
 ,quality ,healthcare ,act of #bjac4    
#b4 ,expanding the availability of      
medicare data  7a7 ,expanding use of    
medicare data by qualified entities     
,section #ahgd7;e7 of the ,social       
,security ,act 7#db ,u4,s4,c4           
#aciekk7e77 is amended-- 7#a7 in        
paragraph 7#c71 in the first sentence1  
by inserting or1 such claims data in    
sufficient detail to identify cost and  
utilization1 as appropriate before the  
period at the end2 and  7#b7 by adding  
at the end the following new paragraph3 
7#e7 ,expanding use of medicare data by 

qualified entities  7,a7 ,in general    
,beginning ,january #a1 #bjad1          
notwithstanding paragraph 7#d77;,b7 and 
the second sentence of paragraph        
7#d77;,d71 a qualified entity may-- 7i7 
use data received by such entity under  
this section1 and information derived   
from the evaluation described in        
paragraph 7#d77;,d71 for additional     
non-public analyses 7as determined      
appropriate by the ,secretary72 or  7ii7
 subject to subparagraph 7,c71 provide  
or sell such data and analyses to       
entities described in subparagraph 7,b7 
for non-public use 7including for the   
purposes of assisting providers of      
services and suppliers to develop and   
participate in quality and patient care 
improvement activities1 including       
developing new models of care74  7,b7   
,entities described ,the entities       
described in this subparagraph are the  
following3 7i7 ,a health care provider4 
7ii7 ,a health insurance issuer 7as     
defined in section #bgia of the ,public 

,health ,service ,act74  7iii7 ,an      
employer 7as defined in section #c7e7 of
 the ,employee ,retirement ,insurance   
,security ,act of #aigd74  7iv7 ,any    
organization affiliated with or         
representing an entity described in     
clause 7i71 7ii71 or 7iii71 such as a   
medical society4  7v7 ,a public health  
authority 7as defined for purposes of   
the ,health ,insurance ,portability and 
,accountability ,act of #aiif74  7vi7 ,a
 ,state or local government agency4     
7vii7 ,a research organization that     
certifies that it will only use the data
 or analyses for the public good and not
 for proprietary purposes4  7viii7 ,any 
other entity the ,secretary determines  
appropriate to further the goals of this
 paragraph4  7,c7 ,requirements  7i7    
,data use agreement ,a qualified entity 
may only provide data or analysis to an 
entity under subparagraph 7,a77ii7      
pursuant to a data use agreement with   
the entity4 ,under such agreement1 the  
entity-- 7,i7 may not re-sell such data 

or analyses2 and  7,,ii7 shall comply   
with the privacy and security policies  
of the qualified entity in using such   
data or analyses4  7ii7 ,civil money    
penalty  7,i7 ,in general ,if the       
,secretary determines that an entity    
described in subparagraph 7,b7 knowingly
 used such data and analyses for        
purposes other than as authorized under 
this paragraph1 the entity shall be     
subject to a civil money penalty in an  
amount determined by the ,secretary for 
each such violation4  7,,ii7 ,procedures
 ,the provisions of section #aabh;,a    
7other than subsections 7a7 and 7b7 of  
such section7 shall apply to a civil    
money penalty under subclause 7,i7 in   
the same manner as such provisions apply
 to a penalty or proceeding under       
section #aabh;,a7a74  4  7b7 ,access to 
medicare data to qualified clinical data
 registries ,to facilitate quality      
improvement ,section #ahdh7m77#c77;,e7  
of the ,social ,security ,act 7#db      
,u4,s4,c4 #aciew-#d7m77#c77;,e77 is     

amended by adding at the end the        
following new clause3  7vi7 ,access to  
medicare data to facilitate quality     
improvement  7,i7 ,in general           
,consistent with applicable laws and    
regulations with respect to privacy and 
other relevant matters1 beginning       
,january #a1 #bjad1 the ,secretary      
shall1 subject to subclause 7,,ii71     
provide claims data under this title 7in
 a form and manner determined to be     
appropriate7 to qualified clinical data 
registries under this subparagraph for  
purposes of linking such data with      
clinical outcomes data and preforming   
and disseminating risk-adjusted1        
scientifically valid research to support
 quality improvement4  7,,ii7           
,limitation ,a qualified clinical data  
registry may not publicly report any    
data made available under subclause 7,i7
 that individually identifies a provider
 of services or supplier unless the     
registry obtains the consent of the     
provider of services or supplier prior  

to such reporting4  4