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<section article="ghg" article_name="Health - General" number="19-147" title_number="19" title_name="Health Care Facilities" subtitle_number="1" subtitle_name="Health Care Planning and Systems Regulation">
  <level label="a">
    <text>The Commission shall approve an entity that meets the requirements of this section to be a ratings examiner.</text>
  </level>
  <level label="b">
    <text>To be approved by the Commission as a ratings examiner, an entity examining a physician rating system shall require a physician rating system to:</text>
    <level label="1">
      <text>Use only quality of performance and cost efficiency as measurement categories;</text>
    </level>
    <level label="2">
      <text>Calculate and disclose separately measures of cost efficiency and quality of performance;</text>
    </level>
    <level label="3">
      <text>Disclose clearly to physicians and enrollees the proportion of the component score for cost efficiency and quality of performance in each combined score;</text>
    </level>
    <level label="4">
      <text>In determining quality of performance, use measures:</text>
      <level label="i">
        <text>That are based on nationally recognized, evidence–based or consensus–based clinical recommendations or guidelines; or</text>
      </level>
      <level label="ii">
        <text>When available, that are endorsed by entities whose work in physician quality of performance is generally accepted in the health care system;</text>
      </level>
    </level>
    <level label="5">
      <text>Disclose to physicians who are subject to the physician rating system:</text>
      <level label="i">
        <text>The measurements for each criterion and the relative weight of each criterion and measurement in the overall rating of the physician;</text>
      </level>
      <level label="ii">
        <level label="1">
          <text>The basis for the carrier’s quality of performance ratings;</text>
        </level>
        <level label="2">
          <text>The data used to determine the quality of performance ratings; and</text>
        </level>
        <level label="3">
          <text>The relative weight or relevance of quality of performance to the overall rating of a physician in the physician rating system;</text>
        </level>
      </level>
      <level label="iii">
        <text>The basis for determining whether there is a sufficient number of patients and episodes of care for a given disease state and specialty to generate reliable ratings for a physician; and</text>
      </level>
      <level label="iv">
        <text>The methodology used to determine how data is attributed to a physician;</text>
      </level>
    </level>
    <level label="6">
      <text>Use appropriate risk adjustments to account for the characteristics of the patient population seen by a physician in determining the quality of performance and cost efficiency of the physician;</text>
    </level>
    <level label="7">
      <text>In measuring the cost efficiency of the performance of a physician:</text>
      <level label="i">
        <text>Compare physicians within the same specialty within the appropriate geographical market; and</text>
      </level>
      <level label="ii">
        <text>Use appropriate and comprehensive episode of care computer software to evaluate the cost efficiency of the performance of a physician;</text>
      </level>
    </level>
    <level label="8">
      <level label="i">
        <text>Include an appeals process that a physician subject to the physician rating system may use to appeal the rating received under the physician rating system; and</text>
      </level>
      <level label="ii">
        <text>Based on the outcome of an appeal, make any necessary corrections to the data used to rate the physician in the physician rating system; and</text>
      </level>
    </level>
    <level label="9">
      <text>Disclose to physicians and enrollees how the perspectives of enrollees, consumer advocates, employers, labor unions, and physicians were incorporated into the development of the physician rating system.</text>
    </level>
  </level>
  <level label="c">
    <text>Notwithstanding subsection (b) of this section, an entity that has a physician performance rating certification program approved after August 1, 2008, by a national consortium of employer, consumer, and labor organizations working toward a common goal to ensure that all Americans have access to publicly reported health care performance information:</text>
    <level label="1">
      <text>Is deemed to be a ratings examiner under this part; and</text>
    </level>
    <level label="2">
      <text>Is deemed to meet the requirements of subsection (b) of this section.</text>
    </level>
  </level>
</section>
