C. 2717 ø42 U.S.C. 300gg–17¿. ENSURING THE QUALITY OF CARE. ‘‘(a) QUALITY REPORTING.— ‘‘(1) IN GENERAL.—Not later than 2 years after the date of enactment of the Patient Protection and Affordable Care Act, the Secretary, in consultation with experts in health care qual- ity and stakeholders, shall develop reporting requirements for use by a group health plan, and a health insurance issuer of- fering group or individual health insurance coverage, with re- spect to plan or coverage benefits and health care provider re- imbursement structures that— ‘‘(A) improve health outcomes through the implemen- tation of activities such as quality reporting, effective case management, care coordination, chronic disease manage- ment, and medication and care compliance initiatives, in- cluding through the use of the medical homes model as de- fined for purposes of section 3602 of the Patient Protection and Affordable Care Act, for treatment or services under the plan or coverage; ‘‘(B) implement activities to prevent hospital readmis- sions through a comprehensive program for hospital dis- charge that includes patient-centered education and coun- seling, comprehensive discharge planning, and post dis- charge reinforcement by an appropriate health care profes- sional; ‘‘(C) implement activities to improve patient safety and reduce medical errors through the appropriate use of best clinical practices, evidence based medicine, and health information technology under the plan or coverage; and ‘‘(D) implement wellness and health promotion activi- ties. ‘‘(2) REPORTING REQUIREMENTS.— ‘‘(A) IN GENERAL.—A group health plan and a health insurance issuer offering group or individual health insur- ance coverage shall annually submit to the Secretary, and to enrollees under the plan or coverage, a report on wheth- er the benefits under the plan or coverage satisfy the ele- ments described in subparagraphs (A) through (D) of para- graph (1). ‘‘(B) TIMING OF REPORTS.—A report under subpara- graph (A) shall be made available to an enrollee under the plan or coverage during each open enrollment period. ‘‘(C) AVAILABILITY OF REPORTS.—The Secretary shall make reports submitted under subparagraph (A) available to the public through an Internet website. ‘‘(D) PENALTIES.—In developing the reporting require- ments under paragraph (1), the Secretary may develop and VerDate 0ct 09 2002 13:03 Jun 09, 2010 Jkt 000000 PO 00000 Frm 00019 Fmt 9001 Sfmt 6601 F:P11NHICOMPPPACACON.005 HOLCPC June 9, 2010 Sec. 10012717 PHSA PPACA (Consolidated) 20 impose appropriate penalties for non-compliance with such requirements. ‘‘(E) EXCEPTIONS.—In developing the reporting re- quirements under paragraph (1), the Secretary may pro- vide for exceptions to such requirements for group health plans and health insurance issuers that substantially meet the goals of this section. ‘‘(b) WELLNESS AND PREVENTION PROGRAMS.—For purposes of subsection (a)(1)(D), wellness and health promotion activities may include personalized wellness and prevention services, which are coordinated, maintained or delivered by a health care provider, a wellness and prevention plan manager, or a health, wellness or prevention services organization that conducts health risk assess- ments or offers ongoing face-to-face, telephonic or web-based inter- vention efforts for each of the program’s participants, and which may include the following wellness and prevention efforts: ‘‘(c) ‘‘(1) Smoking cessation. ‘‘(2) Weight management. ‘‘(3) Stress management. ‘‘(4) Physical fitness. ‘‘(5) Nutrition. ‘‘(6) Heart disease prevention. ‘‘(7) Healthy lifestyle support. ‘‘(8) Diabetes prevention. PROTECTION OF SECOND AMENDMENT GUN RIGHTS.—øAs added by section 10101(e)(2)¿ ‘‘(1) WELLNESS AND PREVENTION PROGRAMS.—A wellness and health promotion activity implemented under subsection (a)(1)(D) may not require the disclosure or collection of any in- formation relating to— ‘‘(A) the presence or storage of a lawfully-possessed firearm or ammunition in the residence or on the property of an individual; or ‘‘(B) the lawful use, possession, or storage of a firearm or ammunition by an individual. ‘‘(2) LIMITATION ON DATA COLLECTION.—None of the au- thorities provided to the Secretary under the Patient Protec- tion and Affordable Care Act or an amendment made by that Act shall be construed to authorize or may be used for the col- lection of any information relating to— ‘‘(A) the lawful ownership or possession of a firearm or ammunition; ‘‘(B) the lawful use of a firearm or ammunition; or ‘‘(C) the lawful storage of a firearm or ammunition. ‘‘(3) LIMITATION ON DATABASES OR DATA BANKS.—None of the authorities provided to the Secretary under the Patient Protection and Affordable Care Act or an amendment made by that Act shall be construed to authorize or may be used to maintain records of individual ownership or possession of a firearm or ammunition. ‘‘(4) LIMITATION ON DETERMINATION OF PREMIUM RATES OR ELIGIBILITY FOR HEALTH INSURANCE.—A premium rate may not be increased, health insurance coverage may not be denied, and a discount, rebate, or reward offered for participation in a VerDate 0ct 09 2002 13:03 Jun 09, 2010 Jkt 000000 PO 00000 Frm 00020 Fmt 9001 Sfmt 6601 F:P11NHICOMPPPACACON.005 HOLCPC June 9, 2010 21 PPACA (Consolidated) Sec. 10012718 PHSA wellness program may not be reduced or withheld under any health benefit plan issued pursuant to or in accordance with the Patient Protection and Affordable Care Act or an amend- ment made by that Act on the basis of, or on reliance upon— ‘‘(A) the lawful ownership or possession of a firearm or ammunition; or ‘‘(B) the lawful use or storage of a firearm or ammuni- tion. ‘‘(5) LIMITATION ON DATA COLLECTION REQUIREMENTS FOR INDIVIDUALS.—No individual shall be required to disclose any information under any data collection activity authorized under the Patient Protection and Affordable Care Act or an amendment made by that Act relating to— ‘‘(A) the lawful ownership or possession of a firearm or ammunition; or ‘‘(B) the lawful use, possession, or storage of a firearm or ammunition. ‘‘(d) REGULATIONS.—Not later than 2 years after the date of en- actment of the Patient Protection and Affordable Care Act, the Sec- retary shall promulgate regulations that provide criteria for deter- mining whether a reimbursement structure is described in sub- section (a). ‘‘(e) STUDY AND REPORT.—Not later than 180 days after the date on which regulations are promulgated under subsection (c), the Government Accountability Office shall review such regulations and conduct a study and submit to the Committee on Health, Edu- cation, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report re- garding the impact the activities under this section have had on the quality and cost of health care.
Posted on: Thu, 03 Oct 2013 04:48:55 +0000
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