Sec. 3. Expanding availability of Medicare data
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To the extent consistent with applicable information, privacy, security, and disclosure laws, beginning with 2014, notwithstanding paragraph (4)(B) of section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) ) and the second sentence of paragraph (4)(D) of such section, a qualified entity may use data received by such entity under such section, and information derived from the evaluation described in such paragraph (4)(D), for additional non-public analyses (as determined appropriate by the Secretary of Health and Human Services) or provide or sell such data to registered or authorized users and subscribers, including to providers of services and suppliers, for non-public use (including for the purposes of assisting providers of services and suppliers to develop and participate in quality and patient care improvement activities, including developing new models of care).
In this section: The term qualified entity has the meaning given such term in section 1874(e)(2) of the Social Security Act ( 42 U.S.C. 1395kk(e) ). The terms supplier and provider of services have the meanings given such terms in subsections
(d)and (u), respectively, of section 1861 of the Social Security Act ( 42 U.S.C. 1395x ). Consistent with applicable laws and regulations with respect to privacy and other relevant matters, the Secretary shall provide Medicare claims data (in a form and manner determined to be appropriate) to— qualified entities, that may share with providers of services and suppliers that are registered or authorized users or subscribers, for non-public use including to facilitate the development of new models of care (including development of Alternate Payment Models under section 1848A of the Social Security Act, models for small group specialty practices, and care coordination models); and qualified clinical data registries under section 1848(m)(3)(E)) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(E) ) for purposes of linking such data with clinical outcomes data and performing and disseminating risk-adjusted, scientifically valid analysis and research to support quality improvement or patient safety, provided that any public reporting of identifiable provider data shall only be conducted with prior consent of such provider.
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- 42 USC 1395w–4(m)(3)(E)
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