124 STAT. 968 PUBLIC LAW 111–148—MAR. 23, 2010 any such demonstration program does not disadvantage those bene- ficiaries without reasonable access to high performing physicians or create financial inequities under such title. (i) DEFINITIONS.—In this section: (1) ELIGIBLE PROFESSIONAL.—The term ‘‘eligible profes- sional’’ has the meaning given that term for purposes of the Physician Quality Reporting Initiative under section 1848 of the Social Security Act (42 U.S.C. 1395w–4). (2) PHYSICIAN.—The term ‘‘physician’’ has the meaning given that term in section 1861(r) of such Act (42 U.S.C. 1395x(r)). (3) PHYSICIAN COMPARE.—The term ‘‘Physician Compare’’ means the Internet website developed under subsection (a)(1). (4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Health and Human Services. SEC. 10332. AVAILABILITY OF MEDICARE DATA FOR PERFORMANCE MEASUREMENT. (a) IN GENERAL.—Section 1874 of the Social Security Act (42 U.S.C. 1395kk) is amended by adding at the end the following new subsection: ‘‘(e) AVAILABILITY OF MEDICARE DATA.— ‘‘(1) IN GENERAL.—Subject to paragraph (4), the Secretary shall make available to qualified entities (as defined in para- graph (2)) data described in paragraph (3) for the evaluation of the performance of providers of services and suppliers. ‘‘(2) QUALIFIED ENTITIES.—For purposes of this subsection, the term ‘qualified entity’ means a public or private entity that— ‘‘(A) is qualified (as determined by the Secretary) to use claims data to evaluate the performance of providers of services and suppliers on measures of quality, efficiency, effectiveness, and resource use; and ‘‘(B) agrees to meet the requirements described in para- graph (4) and meets such other requirements as the Sec- retary may specify, such as ensuring security of data. ‘‘(3) DATA DESCRIBED.—The data described in this para- graph are standardized extracts (as determined by the Sec- retary) of claims data under parts A, B, and D for items and services furnished under such parts for one or more speci- fied geographic areas and time periods requested by a qualified entity. The Secretary shall take such actions as the Secretary deems necessary to protect the identity of individuals entitled to or enrolled for benefits under such parts. ‘‘(4) REQUIREMENTS.— ‘‘(A) FEE.—Data described in paragraph (3) shall be made available to a qualified entity under this subsection at a fee equal to the cost of making such data available. Any fee collected pursuant to the preceding sentence shall be deposited into the Federal Supplementary Medical Insurance Trust Fund under section 1841. ‘‘(B) SPECIFICATION OF USES AND METHODOLOGIES.— A qualified entity requesting data under this subsection shall— ‘‘(i) submit to the Secretary a description of the methodologies that such qualified entity will use to
