#aaith ,,congress #b;d ,session ,h4 ,r4 #ecdg ,,an ,,act ,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 ,program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,health ,care ,efficiency ,through ,flexibility ,act4 #b4 ,ensuring availability of appropriate collection types for quality reporting under the ,medicare ,shared ,savings ,program ,section #ahii7;b77#c77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;jjj7b77#c77;,b77 is amended-- 7#a7 by striking ,an ,,aco shall submit and inserting the following3 7i7 ,in general ,an ,,aco shall submit 2 and 7#b7 by adding at the end the following new clauses3 7ii7 ,required availability of collection types for certain years ,for performance years #bjbe through #bjbi1 the ,secretary shall ensure that the following collection types 7as described in section #dad4acje of title #db1 ,code of ,federal ,regulations 7or a successor regulation77 are available with respect to each measure described in subparagraph 7,a77i7 required to be reported by an ,,aco under this paragraph3 7,i7 ,electronic clinical quality measures4 7,,ii7 ,,mips clinical quality measures4 7,,iii7 ,medicare ,clinical ,quality ,measures for ,accountable ,care ,organizations ,participating in the ,medicare ,shared ,savings ,program4 7iii7 ,clarification on application of data completeness requirements in certain cases 7,i7 ,in general ,in determining whether data submitted by an ,,aco with respect to a measure described in subparagraph 7,a77i7 for a performance year beginning on or after ,january #a1 #bjbf1 satisfies the data completeness requirements applicable to such measure under section #dad4acdj of title #db1 ,code of ,federal ,regulations 7or a successor regulation7 7as applied pursuant to section #dbe4eab of title #db1 ,code of ,federal ,regulations 7or a successor regulation771 the ,secretary may not find such data to be unrepresentative of such ,,aco's performance for such year 7as described in paragraph 7e7 of such section #dad4acdj7 based solely on the fact that such data excludes applicable data from #a or more ,,aco participants in such ,,aco if-- 7aa7 such data submitted by the ,,aco otherwise complies with the data completeness requirements of such section #dad4acdj2 and 7bb7 such ,,aco demonstrates to the satisfaction of the ,secretary that such ,,aco participant was unable to collect such data through the collection type 7as described in clause 7ii77 selected by the ,,aco for the submission of such data4 7,,ii7 ,definition ,in this clause1 the term ,,aco participant has the meaning given such term in section #dbe4bj of title #db1 ,code of ,federal ,regulations 7or a successor regulation74 7,,iii7 ,implementation ,the ,secretary may implement this clause by program instruction or otherwise4 4 #c4 ,pilot program for digital quality measure reporting ,section #ahii7;b77#c77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;jjj7b77#c77;,b771 as amended by section #b1 is further amended by adding at the end the following new clause3 7iv7 ,pilot program for digital quality measure reporting 7,i7 ,in general ,for each of performance years #bjbh through #bjcb1 the ,secretary shall establish a digital quality measure reporting pilot program 7in this clause referred to as the program7 under which ,a,c,os selected under subclause 7,,ii7 for such performance year report quality measures specified by the ,secretary under subclause 7,,iii7 for such performance year through a digital quality measure 7as defined by the ,secretary7 collection type specified by the ,secretary4 7,,ii7 ,selection ,the ,secretary shall select ,a,c,os to participate in the program for a performance year from ,a,c,os that submit an application at such time and in such form and manner as specified by the ,secretary4 7,,iii7 ,specification of quality measures ,for each performance year of the program1 the ,secretary shall specify #b measures described in subparagraph 7,a77i7 otherwise required to be reported by ,a,c,os for such performance year for which an ,,aco selected under subclause 7,,ii7 shall submit data through the collection type specified in subclause 7,i74 7,,iv7 ,waiver of requirement to report other measures ,the ,secretary may not require an ,,aco selected under subclause 7,,ii7 for a performance year to report data on any measure described in subparagraph 7,a77i7 otherwise required to be reported by an ,,aco under this paragraph for such performance year1 other than such a measure specified under subclause 7,,iii7 for such performance year4 7,v7 ,disregard of data for certain measures ,the ,secretary may not take into account any data for a measure specified under subclause 7,,iii7 for a performance year submitted by an ,,aco selected under subclause 7,,ii7 for such performance year1 or any data for a measure with respect to which such ,,aco is not required to report data for such performance year under subclause 7,,iv71 in determining-- 7aa7 whether such ,,aco has met quality performance standards established by the ,secretary under subparagraph 7,c7 for such performance year2 or 7bb7 any score for the quality performance category 7as described in section #ahdh7q77#b77;,a77i77 for an ,,aco participant 7as defined in clause 7iii77,,ii77 in such ,,aco for such performance year4 7,,vi7 ,technical assistance ,the ,secretary shall provide such technical assistance to ,a,c,os selected to participate in the program as is practicable4 7,,vii7 ,provision of information ,not later than ,december #ca1 #bjcb1 the ,secretary shall publicly post 7or include as part of annual rulemaking for this section7 the following3 7aa7 ,an analysis of the program4 7bb7 ,any recommendations for increasing submissions of data for measures described in subparagraph 7,a77i7 through the collection type specified in subclause 7,i72 and 7cc7 ,a proposed timeline for requiring such measures to be submitted through such collection type4 4 #d4 ,implementation funding 7a7 ,in general ,there are appropriated1 out of any funds in the ,treasury not otherwise obligated1 #h1jjj1jjj for fiscal year #bjbf1 to remain available until expended1 to the ,centers for ,medicare ,medicaid ,services ,program ,management ,account for purposes of implementing the amendments made by sections #b and #c4 7b7 ,medicare ,improvement ,fund ,section #ahih7;b77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;iii7b77#a77 is amended by striking #b1jfb1jjj1jjj and inserting #b1jed1jjj1jjj4 ,passed the ,house of ,representatives ,june #bi1 #bjbf4;,clerk4