Centers for Medicare & Medicaid Services reporting and value-based programs

(a) Advancing Health Equity in Reporting and Value-Based Payment Programs (1) In general The Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the Administrator) shall require that a clinician or other professional participating in any pay-for-reporting or value-based payment program stratify clinical quality measures by disparity variables, including race, ethnicity, sex, primary language, disability status, sexual orientation, gender identity, and socioeconomic status. (2) Use of existing demographic data collection fields A clinician or other professional described in paragraph (1) may use existing demographic data collection fields in certified EHR technology (as defined in section 1848(o)(4) of the Social Security Act (42 U.S.C. 1395w–4(o)(4))) to carry out such data stratification under such paragraph. Such stratified data will assist clinicians and other professionals in the identification of disparities obscured in aggregated data and assist with the provision of interventions that target reducing those disparities. (3) Clinician In assessing performance in any value-based payment program, the Administrator shall incorporate a clinician or other professional’s performance in reducing disparities across race, ethnicity, sex, primary language, disability status, sexual orientation, gender identity, and socioeconomic status. Linking performance payments to the reduction of health care disparities across such variables will assist in holding clinicians and other professionals accountable for providing quality care that can lead to decreased health inequities. (4) Requirement of adoption of cert All entities, clinicians, or other professionals participating in the Quality Payment Program of the Centers for Medicare & Medicaid Services shall be required to adopt certified EHR technology (as so defined) as a condition of participating in such program. (b) Quality improvement activities The Administrator, upon yearly review of the Quality Payment Program, shall add quality improvement activities that implement the Culturally and Linguistically Accessible Standards (CLAS) as Improvement Activities under the Quality Payment Program.