Sec. 442. Centers for Medicare & Medicaid Services reporting and value-based programs

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The Administrator shall require that a clinician or other professional participating in any pay-for-reporting or value-based payment program stratify clinical quality measures by disparity variables, including race, ethnicity, sex, primary language, disability status, sexual orientation, gender identity, and socioeconomic status. A clinician or other professional may use existing demographic data collection fields in certified electronic health record technology (as defined in section 1848(o)(4) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(4) ) to carry out such data stratification under the preceding sentence.

Such stratified data will assist clinicians and other professionals in the identification of disparities obscured in aggregated data and assist with the provision of interventions that target reducing those disparities. In assessing performance in any value-based payment program, the Administrator shall incorporate a clinician or other professional’s performance in reducing disparities across race, ethnicity, sex, primary language, disability status, sexual orientation, gender identity, and socioeconomic status.

Linking performance payments to the reduction of health care disparities across such variables will assist in holding clinicians and other professionals accountable for providing quality care that can lead to decreased health inequities. All entities, clinicians, or other professionals participating in the Quality Payment Program shall be required to adopt 2015 certified electronic health record technology (as so defined) as a condition of participating in the Quality Payment Program.

The Administrator, upon yearly review of the Quality Payment Program, shall add quality improvement activities that implement the Culturally and Linguistically Accessible Standards

(CLAS)standards as Improvement Activities under the Quality Payment Program.

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42 USC 1395w–4(o)(4)

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Sec. 442

Centers for Medicare & Medicaid Services reporting and value-based programs

Cite42 USC 1395w–4(o)(4)

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