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
-
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
-
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.
… 3 unchanged passages …
(I) In general. For each of performance years 2028 through 2032, the Secretary shall establish a digital quality measure reporting pilot program (in this clause referred to as the program) under which ACOs selected under subclause (II) for such performance year report quality measures specified by the Secretary under subclause (III) for such performance year through a digital quality measure
(as defined by the Secretary)
collection type specified by the Secretary. (II) Selection. The Secretary shall select ACOs to participate in the program for a performance year from
among
ACOs that submit an application at such time and in such form and manner as specified by the Secretary.
… 1 unchanged passage …
(IV) Waiver of requirement to report other measures. The Secretary may not require an ACO selected under subclause (II) for a performance year to report data on any measure described in subparagraph (A )(i ) otherwise required to be reported by an ACO under this paragraph for such performance year, other than such a measure specified under subclause (III) for such performance year.
… 6 unchanged passages …
(bb) Any recommendations for increasing submissions of data for measures described in subparagraph (A)(i) through the collection type specified in subclause (I
).
); and
… 2 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)), as amended by section 2, is further amended by adding at the end the following new clause:
(iv) Pilot program for digital quality measure reporting
(I) In general. For each of performance years 2028 through 2032, the Secretary shall establish a digital quality measure reporting pilot program (in this clause referred to as the program) under which ACOs selected under subclause (II) for such performance year report quality measures specified by the Secretary under subclause (III) for such performance year through a digital quality measure (as defined by the Secretary) collection type specified by the Secretary.
(II) Selection. The Secretary shall select ACOs to participate in the program for a performance year from ACOs that submit an application at such time and in such form and manner as specified by the Secretary.
(III) Specification of quality measures. For each performance year of the program, the Secretary shall specify 2 measures described in subparagraph (A)(i) otherwise required to be reported by ACOs for such performance year for which an ACO selected under subclause (II) shall submit data through the collection type specified in subclause (I).
(IV) Waiver of requirement to report other measures. The Secretary may not require an ACO selected under subclause (II) for a performance year to report data on any measure described in subparagraph (A)(i) otherwise required to be reported by an ACO under this paragraph for such performance year, other than such a measure specified under subclause (III) for such performance year.
(V) Disregard of data for certain measures. The Secretary may not take into account any data for a measure specified under subclause (III) for a performance year submitted by an ACO selected under subclause (II) for such performance year, or any data for a measure with respect to which such ACO is not required to report data for such performance year under subclause (IV), in determining—
(aa) whether such ACO has met quality performance standards established by the Secretary under subparagraph (C) for such performance year; or
(bb) any score for the quality performance category (as described in section 1848(q)(2)(A)(i)) for an ACO participant (as defined in clause (iii)(II)) in such ACO for such performance year.
(VI) Technical assistance. The Secretary shall provide such technical assistance to ACOs selected to participate in the program as is practicable.
(VII) Provision of information. Not later than December 31, 2032, the Secretary shall publicly post (or include as part of annual rulemaking for this section) the following:
(aa) An analysis of the program.
(bb) Any recommendations for increasing submissions of data for measures described in subparagraph (A)(i) through the collection type specified in subclause (I); and
(cc) A proposed timeline for requiring such measures to be submitted through such collection type.