H.R. 5347
Health Care Efficiency Through Flexibility Act
Sponsor: Vern Buchanan
4 cosponsors
Official summary
Written by the Congressional Research Service.
Health Care Efficiency Through Flexibility Act
This bill delays certain requirements relating to the reporting of quality measures by accountable care organizations (ACOs) under the Medicare Shared Savings Program. It also requires the Centers for Medicare & Medicaid Services (CMS) to establish a pilot program that tests alternative digital reporting methods for ACOs.
The Medicare Shared Savings Program enables ACOs to receive payments for savings stemming from care coordination and management. In 2024, the CMS issued a rule requiring ACOs to report on quality measures using a certain electronic system beginning in 2025.
The bill allows ACOs to continue to use prior methods of reporting quality measures through 2029. Additionally, the CMS must establish a pilot program to test other digital reporting methods from 2028-2032; ACOs that participate in the pilot program are exempt from using other methods. The CMS must publicly post an analysis of the program and any related recommendations for using the tested methods.
Text of the bill
Where this section came from
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Sep 15, 2025 · Introduced in House Referred to House Committee on Energy and Commerce, Sep 15 Referred to House Committee on Ways and Means, Sep 15
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Jun 29, 2026 · Engrossed in House Marked up by House Committee on Ways and Means, Sep 17 Marked up by House Committee on Energy and Commerce, May 21 Committee members' individual votes aren't in our records.
… 13 unchanged passages …
(I) In general. In determining whether data submitted by an ACO with respect to a measure described in subparagraph (A)(i) for a performance year beginning on or after January 1,
2025
2026
, satisfies the data completeness requirements applicable to such measure under section 414.1340 of title 42, Code of Federal Regulations (or a successor regulation) (as applied pursuant to section 425.512 of title 42, Code of Federal Regulations (or a successor regulation)), the Secretary may not find such data to be unrepresentative of such ACO’s performance for such year (as described in paragraph (e) of such section 414.1340) based solely on the fact that such data excludes applicable data from 1 or more ACO participants in such ACO if—
… 5 unchanged passages …
What is a markup?
A markup is a committee meeting where members go through a bill and vote on changes before sending it to the full chamber.
Section 1899(b)(3)(B) of the Social Security Act (42 U.S.C. 1395jjj(b)(3)(B)) is amended—
(1) by striking An ACO shall submit and inserting the following:
(i) In general. An ACO shall submit
; and
(2) by adding at the end the following new clauses:
(ii) Required availability of collection types for certain years. For performance years 2025 through 2029, the Secretary shall ensure that the following collection types (as described in section 414.1305 of title 42, Code of Federal Regulations (or a successor regulation)) are available with respect to each measure described in subparagraph (A)(i) required to be reported by an ACO under this paragraph:
(I) Electronic clinical quality measures.
(II) MIPS clinical quality measures.
(III) Medicare Clinical Quality Measures for Accountable Care Organizations Participating in the Medicare Shared Savings Program.
(iii) Clarification on application of data completeness requirements in certain cases
(I) In general. In determining whether data submitted by an ACO with respect to a measure described in subparagraph (A)(i) for a performance year beginning on or after January 1, 2026, satisfies the data completeness requirements applicable to such measure under section 414.1340 of title 42, Code of Federal Regulations (or a successor regulation) (as applied pursuant to section 425.512 of title 42, Code of Federal Regulations (or a successor regulation)), the Secretary may not find such data to be unrepresentative of such ACO’s performance for such year (as described in paragraph (e) of such section 414.1340) based solely on the fact that such data excludes applicable data from 1 or more ACO participants in such ACO if—
(aa) such data submitted by the ACO otherwise complies with the data completeness requirements of such section 414.1340; and
(bb) such ACO demonstrates to the satisfaction of the Secretary that such ACO participant was unable to collect such data through the collection type (as described in clause (ii)) selected by the ACO for the submission of such data.
(II) Definition. In this clause, the term ACO participant has the meaning given such term in section 425.20 of title 42, Code of Federal Regulations (or a successor regulation).
(III) Implementation. The Secretary may implement this clause by program instruction or otherwise.