42 U.S.C. § 1320c-2
The Secretary shall establish throughout the United States such local, State, regional, national, or other geographic areas as the Secretary determines appropriate with respect to which contracts under this part will be made.
Each contract with an organization under this section shall provide that-
In evaluating the performance of quality improvement organizations under contracts under this part, the Secretary shall place emphasis on the performance of such organizations in educating providers and practitioners (particularly those in rural areas) concerning the review process and criteria being applied by the organization.
Any determination by the Secretary to terminate or not to renew a contract under this section shall not be subject to judicial review.
The Secretary shall provide that fiscal intermediaries furnish to quality improvement organizations, each month on a timely basis, data necessary to initiate the review process under section 1320c-3(a) of this title on a timely basis. If the Secretary determines that a fiscal intermediary is unable to furnish such data on a timely basis, the Secretary shall require the hospital to do so.
42 U.S.C. § 1320c-2
EDITORIAL NOTES
PRIOR PROVISIONSA prior section 1320c-2, act Aug. 14, 1935, ch. 531, title XI, §1153, as added Oct. 30, 1972, Pub. L. 92-603, title II, §249F(b), 86 Stat. 1432, related to review pending designation of a Professional Standards Review Organization in a given area, prior to the general revision of this part by Pub. L. 97-248.
AMENDMENTS2011- Pub. L. 112-40, §261(a)(2)(A), substituted "quality improvement" for "utilization and quality control peer review" in section catchline. Subsec. (a). Pub. L. 112-40, §261(b)(1)(A), added subsec. (a) and struck out former subsec. (a) which related to establishment and consolidation of geographic areas.Subsec. (b)(1). Pub. L. 112-40, §261(c)(1)(A), after first sentence, inserted "In entering into contracts with such qualified organizations, the Secretary shall, to the extent appropriate, seek to ensure that each of the functions described in section 1320c-3(a) of this title are carried out within an area established under subsection (a)." Pub. L. 112-40, §261(b)(1)(B), substituted "contracts with one or more quality improvement organizations" for "a contract with a quality improvement organization" and "will be operating in an area, the Secretary shall ensure that there is no duplication of the functions carried out by such organizations within the area" for "meets the requirements of the preceding sentence, priority shall be given to any such organization which is described in section 1320c-1(1)(A) of this title". Pub. L. 112-40, §261(a)(2)(C), substituted "quality improvement organization" for "utilization and quality control peer review organization". Subsec. (b)(2)(B). Pub. L. 112-40, §261(b)(1)(C), which directed insertion of "or the Secretary determines that there is a more qualified entity to perform one or more of the functions in section 1320c-3(a) of this title" after "under this part", was executed by making the insertion after "under this part" the first place appearing, to reflect the probable intent of Congress.Subsec. (b)(3)(A). Pub. L. 112-40, §261(b)(1)(D)(i), struck out ",or association of such facilities," after "facility".Subsec. (b)(3)(B). Pub. L. 112-40, §261(b)(1)(D)(ii)(II), struck out "or associations" after "one or more of such facilities". Pub. L. 112-40, §261(b)(1)(D)(ii)(I), which directed striking out "or association of such facilities", was executed by striking out "or association of facilities" after "facility", to reflect the probable intent of Congress. Subsec. (b)(4). Pub. L. 112-40, §261(b)(3)(A), added par. (4).Subsec. (c). Pub. L. 112-40, §261(a)(2)(C), substituted "quality improvement" for "utilization and quality control peer review" in concluding provisions.Subsec. (c)(1). Pub. L. 112-40, §261(c)(1)(B), substituted "a function or functions under section 1320c-3 of this title directly or may subcontract for the performance of all or some of such function or functions" for "the functions set forth in section 1320c-3(a) of this title, or may subcontract for the performance of all or some of such functions".Subsec. (c)(3). Pub. L. 112-40, §261(b)(2), substituted "five years and shall be renewable for terms of five years" for "three years and shall be renewable on a triennial basis".Subsec. (c)(4). Pub. L. 112-40, §261(b)(3)(B), redesignated par. (7) as (4) and struck out former par. (4) which read as follows: "if the Secretary intends not to renew a contract, he shall notify the organization of his decision at least 90 days prior to the expiration of the contract term, and shall provide the organization an opportunity to present data, interpretations of data, and other information pertinent to its performance under the contract, which shall be reviewed in a timely manner by the Secretary;".Subsec. (c)(5). Pub. L. 112-40, §261(b)(4), amended par. (5) generally. Prior to amendment, par. (5) read as follows: "reimbursement shall be made to the organization on a monthly basis, with payments for any month being made not later than 15 days after the close of such month." Pub. L. 112-40, §261(b)(3)(B), redesignated par. (8) as (5) and struck out former par. (5) which read as follows: "the organization may terminate the contract upon 90 days notice to the Secretary;".Subsec. (c)(6) to (8). Pub. L. 112-40, §261(b)(3)(B), redesignated pars. (7) and (8) as (4) and (5), respectively, and struck out former par. (6) which read as follows: "the Secretary may terminate the contract prior to the expiration of the contract term upon 90 days notice to the organization if the Secretary determines that-"(A) the organization does not substantially meet the requirements of section 1320c-1 of this title; or"(B) the organization has failed substantially to carry out the contract or is carrying out the contract in a manner inconsistent with the efficient and effective administration of this part, but only after such organization has had an opportunity to submit data and have such data reviewed by the panel established under subsection (d) of this section;".Subsec. (d). Pub. L. 112-40, §261(b)(3)(C), struck out subsec. (d) which related to panel review prior to termination of contract.Subsecs. (e)(2), (g), (h)(3). Pub. L. 112-40, §261(a)(2)(C), substituted "quality improvement" for "peer review". Subsec. (i). Pub. L. 112-40, §261(b)(1)(E), struck out subsec. (i) which related to preference in contracting with in-State organizations. 1987-Subsec. (c). Pub. L. 100-203, §4094(d)(1), inserted after and below par. (8) the following: "In evaluating the performance of utilization and quality control peer review organizations under contracts under this part, the Secretary shall place emphasis on the performance of such organizations in educating providers and practitioners (particularly those in rural areas) concerning the review process and criteria being applied by the organization."Subsec. (c)(3). Pub. L. 100-203, §4091(a)(2)(A), substituted "three" for "two" and "triennial" for "biennial".Subsec. (e). Pub. L. 100-203, §4091(b)(2), designated existing provisions as par. (1), substituted "Except as provided in paragraph (2), contracting" for "Contracting", and added par. (2). Subsec. (h). Pub. L. 100-203, §4091(b)(1), added subsec. (h).Subsec. (i). Pub. L. 100-203, §4092(a), added subsec. (i).1986-Subsec. (b)(2)(A). Pub. L. 99-272, §9404(a), substituted "consists only of members of the governing board" for "consists only of one individual member of the governing board". Subsec. (c)(8). Pub. L. 99-272, §9402(b), amended par. (8) generally. Prior to amendment, par. (8) read as follows: "reimbursement shall be made to the organization in accordance with the terms of the contract." Subsec. (d)(4). Pub. L. 99-272, §9406(a), added par. (4). Subsec. (g). Pub. L. 99-509 added subsec. (g). 1984-Subsec. (b)(2)(A). Pub. L. 98-369, §2347(c)(1), substituted "Prior to November 15, 1984" for "During the first twelve months in which the Secretary is entering into contracts under this section". Pub. L. 98-369, §2334(b), inserted "(other than a self-insured employer)" and provision that for purposes of this paragraph an entity shall not be considered to be affiliated with another entity which makes payments (directly or indirectly) to any practitioner or provider, by reason of management, ownership, or common control, if the management, ownership, or common control consists only of one individual member of the governing board being affiliated (through management, ownership, or common control) with a health maintenance organization or competitive medical plan which is an "eligible organization" as defined in section 1395mm(b) of this title.Subsec. (b)(2)(B). Pub. L. 98-369, §2347(c)(2), substituted "after November 14, 1984" for "after the expiration of the twelve-month period referred to in subparagraph (A)".Subsec. (b)(2)(C). Pub. L. 98-369, §2347(c)(3), struck out subpar. (C) which provided that the twelve-month period formerly referred to in subpar. (A) would be deemed to have begun not later than October 1983.Subsec. (b)(3). Pub. L. 98-369, §2334(a), designated existing provisions as subpar. (A) and added subpar. (B). 1983-Subsec. (b)(2)(C). Pub. L. 98-21 added subpar. (C).Subsec. (d). Pub. L. 97-448 substituted reference to "subsection (c)(6)(B)" for "subsection (c)(5)(B)" and "subsection (c)(5)(C)" in pars. (1) and (2), respectively.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 112-40 applicable to contracts entered into or renewed on or after Jan. 1, 2012, see section 261(e) of Pub. L. 112-40 set out as a note under section 1320c of this title.
EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100-203, title IV, §4091(a)(2)(B), Dec. 22, 1987, 101 Stat. 1330-134, provided that: "The amendment made by subparagraph (A) [amending this section] shall apply with respect to contracts entered into or renewed on or after the date of the enactment of this Act [Dec. 22, 1987]." Pub. L. 100-203, title IV, §4091(b)(3), Dec. 22, 1987, 101 Stat. 1330-135, provided that: "The amendment made by paragraphs (1) and (2) [amending this section] shall become effective on the date of enactment of this Act [Dec. 22, 1987]."Pub. L. 100-203, title IV, §4092(b), Dec. 22, 1987, 101 Stat. 1330-135, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to contracts scheduled to be renewed on or after the first day of the eighth month to begin after the date of enactment of this Act [Dec. 22, 1987]." Pub. L. 100-203, title IV, §4094(d)(2), Dec. 22, 1987, 101 Stat. 1330-137, provided that: "The amendment made by paragraph (1) [amending this section] shall apply to contracts under part B of title XI of the Social Security Act [42 U.S.C. 1320c et seq.] as of January 1, 1988."
EFFECTIVE DATE OF 1986 AMENDMENTS Pub. L. 99-509, title IX, §9352(c)(1), Oct. 21, 1986, 100 Stat. 2044, provided that: "The Secretary of Health and Human Services shall implement the amendment made by subsection (a) [amending this section and section 1395h of this title] not later than 6 months after the date of the enactment of this Act [Oct. 21, 1986]."Pub. L. 99-272, title IX, §9402(c)(2), Apr. 7, 1986, 100 Stat. 200, provided that: "The amendment made by subsection (b) [amending this section] shall apply to contracts entered into or renewed on or after the date of the enactment of this Act [Apr. 7, 1986]." Pub. L. 99-272, title IX, §9404(b), Apr. 7, 1986, 100 Stat. 201, provided that: "The amendment made by this section [amending this section] shall become effective on the date of the enactment of this Act [Apr. 7, 1986]."Pub. L. 99-272, title IX, §9406(b), Apr. 7, 1986, 100 Stat. 201, provided that: "The amendment made by this section [amending this section] shall become effective on the date of the enactment of this Act [Apr. 7, 1986]."
EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98-369, div. B, title III, §2334(c), July 18, 1984, 98 Stat. 1090, provided that: "The amendments made by this section [amending this section] shall become effective on the date of the enactment of this Act [July 18, 1984]."Pub. L. 98-369, div. B, title III, §2347(d), July 18, 1984, 98 Stat. 1097, provided that: "The provisions of, and amendments made by, this section [amending this section and section 1395cc of this title and enacting provisions set out as a note under section 1395cc of this title] shall become effective on the date of the enactment of this Act [July 18, 1984]."
EFFECTIVE DATE OF 1983 AMENDMENTS Amendment by Pub. L. 98-21 applicable to items and services furnished by or under arrangement with a hospital beginning with its first cost reporting period that begins on or after Oct. 1, 1983, any change in a hospital's cost reporting period made after November 1982 to be recognized for such purposes only if the Secretary finds good cause therefor, see section 604(a)(1) of Pub. L. 98-21 set out as a note under section 1395ww of this title. Amendment by Pub. L. 97-448 effective as if originally included as a part of this section as this section was added by the Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. 97-248, see section 309(c)(2) of Pub. L. 97-448 set out as a note under section 426-1 of this title.
EXTENSIONS OF PEER REVIEW CONTRACT PERIOD; ONE-TIME EXTENSIONS TO PERMIT STAGGERING OF EXPIRATION DATES Pub. L. 100-203, title IV, §4091(a)(1), Dec. 22, 1987, 101 Stat. 1330-134, as amended by Pub. L. 100-360, title IV, §411(j)(1), July 1, 1988, 102 Stat. 790, provided that:"(A) IN GENERAL.-In order to permit the Secretary of Health and Human Services an adequate time to complete contract renewal negotiations with utilization and quality control peer review [now "quality improvement"] organizations under part B of title XI of the Social Security Act [42 U.S.C. 1320c et seq.] and to provide for a staggered period of contract expiration dates, notwithstanding section 1153(c) of such Act [42 U.S.C. 1320c-2(c)], the Secretary may provide for extensions of existing contracts, but the total of such extensions may not exceed 24 months for any contract."(B) EFFECTIVE DATE.-The amendment made by subparagraph (A) shall apply to contracts expiring on or after the date of the enactment of this Act [Dec. 22, 1987]."
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1See References in Text note below.
- United States
- The term "United States" means (but only for purposes of subparagraphs (A) and (B) of this paragraph) the fifty States and the District of Columbia.