Section 3014 of the Patient Protection and Affordable Care Act of 2010 (ACA) (P.L. 111-148) created section 1890A of the Social Security Act (the Act), which required the U.S. Department of Health and Human Services (HHS) to establish a federal pre-rulemaking process for the selection of quality and efficiency measures for use by HHS. Section 1890(b)(7)(B) of the Act describes the categories of measures.
The pre-rulemaking process includes five major steps:
- Each year CMS invites measure developers/stewards to submit candidate measures through the CMS Measures Under Consideration Entry/Review Information Tool (CMS MERIT). The submission period closes on a prescribed date to allow HHS time to review and make their selection of measures to place on the Measures Under Consideration (MUC) List.
- Annually, no later than December 1, HHS makes publicly available a list of quality and efficiency measures that HHS is considering adopting, through the federal rulemaking process, for use in Medicare program(s).
- Multi-stakeholder groups provide recommendations to HHS no later than February 1 annually on the quality and efficiency measures under consideration.
- HHS considers the multi-stakeholder groups’ input in selecting candidate quality and efficiency measures.
- HHS selects candidate measures and publishes proposed rules in the Federal Register, which allows for public comment and further consideration before a final rule is issued. If the CMS consensus-based entity has not endorsed a candidate measure, then HHS must include a rationale for the use of the measure in the notice.
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Contact for More Information
For more information about the pre-rulemaking process, inquiries about measures submitted for the most recent cycle, or questions on other general measure topics, please email MMSsupport@battelle.org.
Last Updated: Mar 2023