42 USC 300gg-17 - Ensuring the quality of care

U.S Code last checked for updates: May 19, 2024

§ 300gg–17.

Ensuring the quality of care

(a)

Quality reporting

(1)

In general

Not later than 2 years after March 23, 2010, the Secretary, in consultation with experts in health care quality and stakeholders, shall develop reporting requirements for use by a group health plan, and a health insurance issuer offering group or individual health insurance coverage, with respect to plan or coverage benefits and health care provider reimbursement structures that—

(A)

improve health outcomes through the implementation of activities such as quality reporting, effective case management, care coordination, chronic disease management, and medication and care compliance initiatives, including through the use of the medical homes model as defined for purposes of section 3602 1

 See References in Text note below.

of the Patient Protection and Affordable Care Act, for treatment or services under the plan or coverage;

(B)

implement activities to prevent hospital readmissions through a comprehensive program for hospital discharge that includes patient-centered education and counseling, comprehensive discharge planning, and post discharge reinforcement by an appropriate health care professional;

(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 activities.

(2)

Reporting requirements

(A)

In general

(B)

Timing of reports

(C)

Availability of reports

(D)

Penalties

(E)

Exceptions

(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 assessments or offers ongoing face-to-face, telephonic or web-based intervention efforts for each of the program’s participants, and which may include the following wellness and prevention efforts:

(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.

(c)

Protection of Second Amendment gun rights

(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 information 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 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 for the collection 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

(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 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 amendment 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 ammunition.

(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

(e)

Study and report

(July 1, 1944, ch. 373, title XXVII, § 2717, as added and amended Pub. L. 111–148, title I, § 1001(5), title X, § 10101(e), Mar. 23, 2010, 124 Stat. 135, 884.)

cite as: 42 USC 300gg-17