Health Care Efficiency Through Flexibility Act
Health Care Efficiency Through Flexibility Act would change how quality data for the Medicare Shared Savings Program (MSSP) is collected and reported. The bill requires the Secretary of Health and Human Services to ensure that multiple data-collection methods are available for each measure MSSP ACOs must report from 2025 through 2029, specifically electronic clinical quality measures, MIPS clinical quality measures, and Medicare Clinical Quality Measures for MSSP ACOs. It also adds flexibility in data completeness rules so that an ACO’s data can be considered representative even if some data from certain participants can’t be collected via the chosen collection method, provided other data meet requirements and the shortfall can be explained. Additionally, the bill creates a pilot program (2028–2032) to test digital quality measure reporting. Selected ACOs would report two specified measures through a digital collection type, with a waiver of other required measures for those years, and data from these pilot measures wouldn’t count toward standard quality performance determinations for those years. The Secretary must provide technical assistance and, by 2032, publicly post an analysis, recommendations, and a proposed timeline for broader use of the digital collection approach. Overall, the bill aims to increase flexibility and reduce reporting barriers while experimenting with digital reporting methods.
Key Points
- 1Availability of multiple collection types for MSSP reporting (2025–2029): The Secretary must ensure that electronic quality measures, MIPS quality measures, and Medicare CQM measures are available for each MSSP measure that ACOs must report, for performance years 2025 through 2029.
- 2Data completeness flexibility: When evaluating data for a given measure for years starting in 2025, the Secretary cannot deem data unrepresentative solely because data from some ACO participants were not collected via the chosen collection type, if the overall data otherwise meet completeness requirements and the participant could not collect data through that method.
- 3Pilot program for digital quality measure reporting (2028–2032): ACOs may participate in a pilot to report two specified measures through a digital collection type, with the Secretary selecting participants and measures each year; only the specified measures would be required for those years.
- 4Waiver and data disregard in the pilot: For pilot participants, other measures would not be required, and data from pilot measures would not be used to determine whether the ACO meets quality standards or related scores for that year.
- 5Support and transparency: The Secretary must provide technical assistance to pilot participants and, by December 31, 2032, publicly post program analyses, recommendations to increase submissions of data via the digital collection type, and a proposed timeline for broader use.