Sec. 706. LIMITING DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, AND ABUSE

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## SEC. 706 LIMITING DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, AND ABUSE ###

(a)In general Title XI of the Social Security Act is amended by inserting after section 1128J (42 U.S.C. 1320a-7k) the following new section: > > ## “SEC. 1128K DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, AND ABUSE > > > ### “(a) Reference to Predictive Modeling Technologies Requirements > > For provisions relating to the use of predictive modeling and other analytics technologies to identify and prevent waste, fraud, and abuse with respect to the Medicare program under title XVIII, the Medicaid program under title XIX, and the Children’s Health Insurance Program under title XXI, see section 4241 of the Small Business Jobs Act of 2010 (42 U.S.C. 1320a-7m). > > > ### “(b) Limiting Disclosure of Predictive Modeling Technologies > > In implementing such provisions under such section 4241 with respect to covered algorithms (as defined in subsection (c)), the following shall apply: > > > #### “(1) Nonapplication of foia > > The covered algorithms used or developed for purposes of such section 4241 (including by the Secretary or a State (or an entity operating under a contract with a State)) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. > > > #### “(2) Limitation with respect to use and disclosure of information by state agencies > > > ##### “(A) In general > > A State agency may not use or disclose covered algorithms used or developed for purposes of such section 4241 except for purposes of administering the State plan (or a waiver of the plan) under the Medicaid program under title XIX or the State child health plan (or a waiver of the plan) under the Children’s Health Insurance Program under title XXI, including by enabling an entity operating under a contract with a State to assist the State to identify or prevent waste, fraud, and abuse with respect to such programs. > > > ##### “(B) Information security > > A State agency shall have in effect data security and control policies that the Secretary finds adequate to ensure the security of covered algorithms used or developed for purposes of such section 4241 and to ensure that access to such information is restricted to authorized persons for purposes of authorized uses and disclosures described in subparagraph (A). > > > ##### “(C) Procedural requirements > > State agencies to which information is disclosed pursuant to such section 4241 shall adhere to uniform procedures established by the Secretary. > > > ### “(c) Covered Algorithm Defined > > In this section, the term ‘covered algorithm’— > > > #### “(1) > > means a predictive modeling or other analytics technology, as used for purposes of section 4241(a) of the Small Business Jobs Act of 2010 (42 U.S.C. 1320a-7m(a)) to identify and prevent waste, fraud, and abuse with respect to the Medicare program under title XVIII, the Medicaid program under title XIX, and the Children’s Health Insurance Program under title XXI; and > > > #### “(2) > > includes the mathematical expressions utilized in the application of such technology and the means by which such technology is developed.” > . ###

(b)Conforming Amendments ####

(1)Medicaid state plan requirement Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended— #####

(A)in paragraph (80), by striking “and” at the end; #####

(B)in paragraph (81), by striking the period at the end and inserting “; and”; and #####

(C)by inserting after paragraph

(81)the following new paragraph: > > #### “(82) > > provide that the State agency responsible for administering the State plan under this title provides assurances to the Secretary that the State agency is in compliance with subparagraphs (A), (B), and

(C)of section 1128K(b)(2).” > . ####

(2)State child health plan requirement Section 2102(a)(7) of the Social Security Act (42 U.S.C. 1397bb(a)(7)) is amended— #####

(A)in subparagraph (A), by striking “, and” at the end and inserting a semicolon; #####

(B)in subparagraph (B), by striking the period at the end and inserting “; and”; and #####

(C)by adding at the end the following new subparagraph: > > ##### “(C) > > to ensure that the State agency involved is in compliance with subparagraphs (A), (B), and

(C)of section 1128K(b)(2).” > .

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Sec. 706

LIMITING DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, AND ABUSE

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