Public input

Section 1115A(d) of the Social Security Act (42 U.S.C. 1315a(d)) is amended by section 3, is further amended by adding at the end of the following new paragraphs: (5) Public input The Secretary shall use a process involving advance public notice and an opportunity for stakeholder input and public comments to ensure transparency and accountability regarding the establishment, testing, implementation, evaluation, and expansion of a model under section 1115A(b) and (c). Such public notice shall describe and define the standards, criteria, and processes that the Secretary will use for selecting and evaluating— (A) during initial stages of model development; (B) prior to testing under subsection (b)(1); (C) prior to modification of non-contractual models under subsection (b)(3)(B); and (D) following evaluation of a model under subsection (b)(4) and prior to rulemaking under subsection (c). Such notice shall explain the basis for the Secretary’s determination that the conditions set forth in section 1115A(c) of the Social Security Act (42 U.S.C. 1315a(c)) have been met. Additionally, the notice shall explain the basis for selection and the standards established by the Secretary under the regulations issued under paragraph (1), and any additional factors that will be used to test the model’s impact on quality of care, patient-centeredness, and innovation. The notice shall provide a minimum 45-day period for public comment. The Secretary shall take stakeholder comments into consideration when determining whether or how to refine the model or whether to proceed with testing under subsection (b)(1). (6) Consultation In carrying out the duties under this subsection, the CMI shall consult representatives of relevant Federal agencies, and clinical and analytical experts with expertise in medicine and health care management, specifically such experts with expertise in the financial needs of safety net, community-based, rural, and critical access providers, including federally qualified health centers. The CMI shall use open door forums or other mechanisms to seek external feedback from interested parties and incorporate that feedback into the development of models..