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CMS-1403-FC
submitted by a specialty to apply to each measure. Rather,
we believe this requirement means that in endorsing or
adopting measures, a consensus organization must include in
its consideration process at least some measures submitted
by one physician or organization representing a particular
specialty.
We also believe that under sections 1848(k)(2)(B)(ii)
through (iii) of the Act, the Secretary is given broad
discretion to determine which quality measures meet the
statutory requirements and are appropriate for inclusion in
the final set of measures for 2009. We do not interpret
section 1848(k)(2)(B) of the Act to require that all
measures that meet the basic requirements of section
1848(k)(2)(B)(i) of the Act be included in the 2009 set of
quality measures. The statutory requirements for consensus
organizations and the use of a consensus-based process for
developing quality measures as they relate to the
requirements for the 2009 PQRI measures were discussed in
the CY 2009 PFS proposed rule (73 FR 38565 through 38566).
As discussed in the proposed rule, consistent with the
principle that measures used for 2009 be endorsed or
adopted by a consensus organization and developed through
the use of a consensus-based process, but without limiting
the 2009 PQRI measures to those meeting the definition of a
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