Title 42 — The Public Health and WelfareRelease 119-73
§1395kk Administration of insurance programs
Title 42 › Chapter CHAPTER 7— - SOCIAL SECURITY › Subchapter SUBCHAPTER XVIII— - HEALTH INSURANCE FOR AGED AND DISABLED › Part Part E— - Miscellaneous Provisions › § 1395kk
Summary
The Secretary must run the insurance programs covered by this part and can do the work directly or hire others by contract and set payment terms. The Secretary can hire people or groups to get special data and actuarial help and can give oaths during hearings. The Centers for Medicare & Medicaid Services must join the Federal Payment Levy Program under section 6331(h) of the Internal Revenue Code and make sure that at least 50% of payments under parts A and B go through that program within 1 year after July 15, 2008, at least 75% within 2 years after that date, and all such payments by September 30, 2011. The Financial Management Service and the IRS must help CMS meet those deadlines. The Secretary must also give certain standardized claims data to approved groups for evaluating provider performance, but only if the groups follow rules to protect privacy and pay a fee equal to the cost of providing the data. Beginning July 1, 2016, the data may include some Medicaid and CHIP claims and fees collected go into the CMS Program Management Account (before that they go into the Federal Supplementary Medical Insurance Trust Fund). Approved groups must submit their analysis methods, use standard measures when available (or approved alternatives), combine these data with other sources, limit use to required reports, let providers see their data and appeal before public release, and include clear descriptions of methods and limits in reports. The Secretary must keep identities protected and bar use of released data in court or administrative cases without provider consent. The Secretary must also have systems to stop payments for people who are incarcerated, not lawfully present and ineligible, or deceased. Each year starting in 2016, the Secretary must send Congress a report on Medicare enrollment and Part A benefit recipients by State and Congressional district and by enrollment type. Qualified entity: a public or private group approved to use claims data to evaluate providers and that agrees to security and other rules. Fee-for-service enrollment: total people in Part A only, Part B only, or both.
Full Legal Text
Title 42, §1395kk
The Public Health and Welfare — Source: USLM XML via OLRC
(a)Except as otherwise provided in this subchapter and in the Railroad Retirement Act of 1974 [45 U.S.C. 231 et seq.], the insurance programs established by this subchapter shall be administered by the Secretary. The Secretary may perform any of his functions under this subchapter directly, or by contract providing for payment in advance or by way of reimbursement, and in such installments, as the Secretary may deem necessary.
(b)The Secretary may contract with any person, agency, or institution to secure on a reimbursable basis such special data, actuarial information, and other information as may be necessary in the carrying out of his functions under this subchapter.
(c)In the course of any hearing, investigation, or other proceeding that he is authorized to conduct under this subchapter, the Secretary may administer oaths and affirmations.
(d)(1)The Centers for Medicare & Medicaid Services shall take all necessary steps to participate in the Federal Payment Levy Program under section 6331(h) of the Internal Revenue Code of 1986 as soon as possible and shall ensure that—
(A)at least 50 percent of all payments under parts A and B are processed through such program beginning within 1 year after July 15, 2008; 11 See References in Text note below.
(B)at least 75 percent of all payments under parts A and B are processed through such program beginning within 2 years after July 15, 2008; and
(C)all payments under parts A and B are processed through such program beginning not later than September 30, 2011.
(2)The Financial Management Service and the Internal Revenue Service shall provide assistance to the Centers for Medicare & Medicaid Services to ensure that all payments described in paragraph (1) are included in the Federal Payment Levy Program by the deadlines specified in that subsection.
(e)(1)Subject to paragraph (4), the Secretary shall make available to qualified entities (as defined in paragraph (2)) data described in paragraph (3) for the evaluation of the performance of providers of services and suppliers.
(2)For purposes of this subsection, the term “qualified entity” means a public or private entity that—
(A)is qualified (as determined by the Secretary) to use claims data to evaluate the performance of providers of services and suppliers on measures of quality, efficiency, effectiveness, and resource use; and
(B)agrees to meet the requirements described in paragraph (4) and meets such other requirements as the Secretary may specify, such as ensuring security of data.
(3)The data described in this paragraph are standardized extracts (as determined by the Secretary) of claims data under parts A, B, and D for items and services furnished under such parts for one or more specified geographic areas and time periods requested by a qualified entity. Beginning July 1, 2016, if the Secretary determines appropriate, the data described in this paragraph may also include standardized extracts (as determined by the Secretary) of claims data under subchapters XIX and XXI for assistance provided under such subchapters for one or more specified geographic areas and time periods requested by a qualified entity. The Secretary shall take such actions as the Secretary deems necessary to protect the identity of individuals entitled to or enrolled for benefits under such parts or under subchapters 22 So in original. Probably should be “subchapter”. XIX or XXI.
(4)(A)Data described in paragraph (3) shall be made available to a qualified entity under this subsection at a fee equal to the cost of making such data available. Any fee collected pursuant to the preceding sentence shall be deposited, for periods prior to July 1, 2016, into the Federal Supplementary Medical Insurance Trust Fund under section 1395t of this title, and, beginning July 1, 2016, into the Centers for Medicare & Medicaid Services Program Management Account.
(B)A qualified entity requesting data under this subsection shall—
(i)submit to the Secretary a description of the methodologies that such qualified entity will use to evaluate the performance of providers of services and suppliers using such data;
(ii)(I)except as provided in subclause (II), if available, use standard measures, such as measures endorsed by the entity with a contract under section 1395aaa(a) of this title and measures developed pursuant to section 299b–31 of this title; or
(II)use alternative measures if the Secretary, in consultation with appropriate stakeholders, determines that use of such alternative measures would be more valid, reliable, responsive to consumer preferences, cost-effective, or relevant to dimensions of quality and resource use not addressed by such standard measures;
(iii)include data made available under this subsection with claims data from sources other than claims data under this subchapter in the evaluation of performance of providers of services and suppliers;
(iv)only include information on the evaluation of performance of providers and suppliers in reports described in subparagraph (C);
(v)make available to providers of services and suppliers, upon their request, data made available under this subsection; and
(vi)prior to their release, submit to the Secretary the format of reports under subparagraph (C).
(C)Any report by a qualified entity evaluating the performance of providers of services and suppliers using data made available under this subsection shall—
(i)include an understandable description of the measures, which shall include quality measures and the rationale for use of other measures described in subparagraph (B)(ii)(II), risk adjustment methods, physician attribution methods, other applicable methods, data specifications and limitations, and the sponsors, so that consumers, providers of services and suppliers, health plans, researchers, and other stakeholders can assess such reports;
(ii)be made available confidentially, to any provider of services or supplier to be identified in such report, prior to the public release of such report, and provide an opportunity to appeal and correct errors;
(iii)only include information on a provider of services or supplier in an aggregate form as determined appropriate by the Secretary; and
(iv)except as described in clause (ii), be made available to the public.
(D)The Secretary shall not make data described in paragraph (3) available to a qualified entity unless the qualified entity agrees to release the information on the evaluation of performance of providers of services and suppliers. Such entity shall only use such data, and information derived from such evaluation, for the reports under subparagraph (C). Data released to a qualified entity under this subsection shall not be subject to discovery or admission as evidence in judicial or administrative proceedings without consent of the applicable provider of services or supplier.
(f)The Secretary shall establish and maintain procedures, including procedures for using claims processing edits, updating eligibility information to improve provider accessibility, and conducting recoupment activities such as through recovery audit contractors, in order to ensure that payment is not made under this subchapter for items and services furnished to an individual who is one of the following:
(1)An individual who is incarcerated.
(2)An individual who is not lawfully present in the United States and who is not eligible for coverage under this subchapter.
(3)A deceased individual.
(g)(1)Each year (beginning with 2016), the Secretary shall submit to the Committees on Ways and Means and Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report on Medicare enrollment data (and, in the case of part A, on data on individuals receiving benefits under such part) as of a date in such year specified by the Secretary. Such data shall be presented—
(A)by Congressional district and State; and
(B)in a manner that provides for such data based on—
(i)fee-for-service enrollment (as defined in paragraph (2));
(ii)enrollment under part C (including separate for aggregate enrollment in MA–PD plans and aggregate enrollment in MA plans that are not MA–PD plans); and
(iii)enrollment under part D.
(2)For purpose of paragraph (1)(B)(i), the term “fee-for-service enrollment” means aggregate enrollment (including receipt of benefits other than through enrollment) under—
(A)part A only;
(B)part B only; and
(C)both part A and part B.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Railroad Retirement Act of 1974, referred to in subsec. (a), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93–445, title I, § 101, Oct. 16, 1974, 88 Stat. 1305, which is classified generally to subchapter IV (§ 231 et seq.) of chapter 9 of Title 45, Railroads. For further details and complete classification of this Act to the Code, see Codification note set out preceding section 231 of Title 45, section 231t of Title 45, and Tables. The Internal Revenue Code of 1986, referred to in subsec. (d)(1), is classified generally to Title 26, Internal Revenue Code. July 15, 2008, referred to in subsec. (d)(1)(A) and (B), was in the original “the date of the enactment of this section” and “such date”, which were translated as meaning the date of enactment of Pub. L. 110–275, which enacted subsec. (d), to reflect the probable intent of Congress.
Amendments
2016—Subsec. (g). Pub. L. 114–255 added subsec. (g). 2015—Subsec. (e). Pub. L. 114–10, § 105(c)(1), struck out “Medicare” before “data” in heading. Subsec. (e)(3). Pub. L. 114–10, § 105(c)(2), inserted “Beginning
July 1, 2016, if the Secretary determines appropriate, the data described in this paragraph may also include standardized extracts (as determined by the Secretary) of claims data under subchapters XIX and XXI for assistance provided under such subchapters for one or more specified geographic areas and time periods requested by a qualified entity.” before “The Secretary” and “or under subchapters XIX or XXI” before period at end. Subsec. (e)(4)(A). Pub. L. 114–10, § 105(d), inserted “, for periods prior to
July 1, 2016,” after “deposited” and “, and, beginning
July 1, 2016, into the Centers for Medicare & Medicaid Services Program Management Account” before period at end. Subsec. (f). Pub. L. 114–10, § 502(a), added subsec. (f). 2010—Subsec. (e). Pub. L. 111–148 added subsec. (e). 2008—Subsec. (d). Pub. L. 110–275 added subsec. (d). 1974—Subsec. (a). Pub. L. 93–445 substituted “Railroad Retirement Act of 1974” for “Railroad Retirement Act of 1937”. 1972—Subsec. (c). Pub. L. 92–603 added subsec. (c). 1965—Subsec. (a). Pub. L. 89–97 inserted reference to Railroad Retirement Act of 1937 in first sentence.
Statutory Notes and Related Subsidiaries
Effective Date
of 2010 Amendment Pub. L. 111–148, title X, § 10332(b), Mar. 23, 2010, 124 Stat. 970, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on January 1, 2012.”
Effective Date
of 2008 AmendmentAmendment by Pub. L. 110–275 effective July 15, 2008, see section 189(c) of Pub. L. 110–275, set out as a note under section 3716 of Title 31, Money and Finance.
Effective Date
of 1974 AmendmentAmendment by Pub. L. 93–445 effective Jan. 1, 1975, see section 603 of Pub. L. 93–445, set out as a note under section 402 of this title.
Effective Date
of 1965 AmendmentAmendment by Pub. L. 89–97 applicable to calendar year 1966 or to any subsequent calendar year but only if by October 1 immediately preceding such calendar year the Railroad Retirement Tax Act provides for a maximum amount of monthly compensation taxable under such Act during all months of such calendar year equal to one-twelfth of maximum wages which Federal Insurance Contributions Act provides may be counted for such calendar year, see Pub. L. 89–97, title I, § 111(e), July 30, 1965, 79 Stat. 343. Report Pub. L. 114–10, title V, § 502(b), Apr. 16, 2015, 129 Stat. 165, provided that: “Not later than 18 months after the date of the enactment of this section [Apr. 16, 2015], and periodically thereafter as determined necessary by the Office of Inspector General of the Department of Health and Human Services, such Office shall submit to Congress a report on the activities described in subsection (f) of section 1874 of the Social Security Act (42 U.S.C. 1395kk), as added by subsection (a), that have been conducted since such date of enactment.”
Reference
Citations & Metadata
Citation
42 U.S.C. § 1395kk
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73