Medicare quietly lets ACOs hide quality data in new pilot program
H.R. 5347 — Health Care Efficiency Through Flexibility Act · Filed by Vern Buchanan (R-FL) · 4 cosponsors · Introduced Sep 15, 2025 · Passed chamber
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What it does
This bill modifies Medicare's Accountable Care Organization (ACO) program to give healthcare providers more flexibility in how they report quality measures to Medicare. Specifically, it requires Medicare to accept multiple data-collection methods (electronic clinical measures, MIPS measures, and others) for quality reporting through 2029, allows ACOs to exclude data from individual participants who cannot use a selected collection method without penalty, and establishes a pilot program (2028–2032) letting selected ACOs test new digital quality-reporting methods while being excused from reporting certain other measures. The bill appropriates $8 million for implementation and reduces the Medicare Improvement Fund by $2.054 billion.
Why we flagged it
The bill's core function is to reduce compliance burden on ACOs by expanding acceptable data-collection methods and creating a pilot that temporarily exempts participants from full quality-reporting requirements. While framed as 'efficiency,' the operative mechanism is regulatory flexibility and partial accountability waiver.
- Section 4 reduces the Medicare Improvement Fund by $2.054 billion—a budget offset unrelated to ACO reporting flexibility. This is a standard pay-for mechanism but substantively separate from the bill's stated purpose.
What the text implies
- The pilot program (2028–2032) allows selected ACOs to exclude certain quality measures from Medicare's performance assessment entirely. This creates a two-tier system where pilot participants face reduced scrutiny, potentially allowing lower-performing ACOs to hide poor outcomes if they are selected for the pilot.
- The 'data completeness' waiver (Section 2, clause 2) permits ACOs to submit incomplete data without penalty if a participant 'was unable to collect' data through the chosen method. This standard is subjective and unverifiable, creating a loophole for ACOs to exclude unfavorable data.
- The bill appropriates only $8 million for implementation but mandates a multi-year pilot and regulatory changes affecting thousands of ACOs. Underfunding may result in weak oversight of the pilot program and inconsistent enforcement of the new rules.
- By allowing ACOs to choose which collection type to use and then exempting them from penalties when participants cannot comply, the bill effectively lets ACOs select the most favorable reporting method for their performance profile, reducing the comparability and reliability of quality data across the Medicare program.
Section numbers refer to the bill text the analysis read — linked under Primary records below.
Who it affects
The bill reduces reporting burden and regulatory friction for healthcare providers, which may lower administrative costs and indirectly benefit patients through reduced overhead—a genuine public benefit. However, the pilot program's waiver of quality-reporting requirements for participating ACOs creates a blind spot: Medicare and the public lose visibility into whether those providers are meeting full quality standards, potentially masking performance problems. The net effect depends on whether
Who stands to gain
- Accountable Care Organizations (ACOs)
- Healthcare systems and hospital networks participating in Medicare Shared Savings Program
- Health IT vendors providing electronic clinical quality measure systems
Named in the bill
Centers for Medicare & Medicaid Services (CMS), Accountable Care Organizations (ACOs), Medicare Shared Savings Program, Medicare Improvement Fund, 42 CFR 414.1305, 414.1340, 425.512, 425.20, Social Security Act Section 1899
Where it stands
4 cosponsors: 3 Republicans, 1 Democrats.
- Sep 15, 2025 — Introduced · Congress.gov: “Introduced in House”
- Sep 15, 2025 — Referred to House Committee on Energy and Commerce and House Committee on Ways and Means · Congress.gov: “Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a…”
- Sep 17, 2025 — Markup held in committee · Congress.gov: “Committee Consideration and Mark-up Session Held”
- Sep 17, 2025 — Reported out of committee · Congress.gov: “Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 43 - 0”
- Jun 29, 2026 — Passed the House · Congress.gov: “On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H4272)”
- Jun 29, 2026 — Floor vote scheduled · Congress.gov: “Mr. Smith (MO) moved to suspend the rules and pass the bill, as amended”
Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.
Money around this bill
3 lobbying clients named this bill on 5 disclosure filings across 2 quarters, Dec 2025 to Jun 2026. Those filings disclosed $6,029,869 in lobbying spend. A filing names 20 bills on average, so that figure is what each filing reported, not a share belonging to this bill.
More lobbying clients named this bill than 61% of bills with at least one filing.
Vern Buchanan, the sponsor, reported $544,700 in PAC receipts in the 2026 cycle.
- American Medical Association — $5,643,000 on 2 filings
- National Association of Accountable Care Organizations — $276,869 on 2 filings
- America's Physician Groups — $110,000 on 1 filing
Lobbying Disclosure Act filings through Jul 20, 2026. A filing shows who paid to lobby on a bill it names, not what changed.
How this was measured
Analysis — Quorum's AI read the bill text published by Congress.gov (5,659 characters) on Jun 8, 2026. Section numbers in the findings refer to that text, linked below; transparency and hidden-provision scores are compared against the median of 16,222 analysed bills.
Status and sponsors — Congress.gov's bill record — actions, committee referrals and cosponsors — loaded nightly. The timeline shows status changes, not every procedural action.
Money — Senate Lobbying Disclosure Act filings whose specific-issue field names this bill for quarters ending Dec 2025 to Jun 2026. A filing's amount is reported whole beside the median number of bills a filing names; it is never divided across them. PAC receipts are FEC-reported contributions to the sponsor's candidate committee in the 2026 cycle.
As of — lobbying records through Jul 20, 2026 · page rendered 2026-10-20.
- H.R. 5347 on Congress.gov
- Actions and status history
- Cosponsors (4)
- Bill text the analysis read
- American Medical Association — LDA filing, 2026 Q2
- National Association of Accountable Care Organizations — LDA filing, 2026 Q2
- America's Physician Groups — LDA filing, 2026 Q2
- Vern Buchanan — FEC candidate receipts, 2026 cycle
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