SEC. 200. [19 U.S.C. 2101 note]  SHORT TITLE.

(a)  This Act may be cited as the “Trade Adjustment Assistance Extension Act of 2011”.

SEC. 253. [42 U.S.C. 653a note]  REPORTING OF REHIRED EMPLOYEES TO THE DIRECTORY OF NEW HIRES.

(b)  Effective Date.—

(1)  In general.—Subject to paragraph (2), the amendments made by this section shall take effect 6 months after the date of the enactment of this Act.

(2)  Compliance transition period.—If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan under part D of title IV of the Social Security Act to meet the additional requirement imposed by the amendment made by subsection (a), the plan shall not be regarded as failing to meet such requirement before the first day of the second calendar quarter beginning after the close of the first regular session of the State legislature that begins after the effective date of such amendment. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

SEC. 1153. [42 U.S.C. 1320c-2]  CONTRACTS WITH QUALITY IMPROVEMENT ORGANIZATIONS.

(c) 

(4)  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;

(5)  the organization may terminate the contract upon 90 days notice to the Secretary;

(6)  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 1152; 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);

(d) (1)  Prior to making any termination under subsection (c)(6)(B), the Secretary must provide the organization with an opportunity to provide data, interpretations of data, and other information pertinent to its performance under the contract. Such data and other information shall be reviewed in a timely manner by a panel appointed by the Secretary, and the panel shall submit a report of its findings to the Secretary in a timely manner. The Secretary shall make a copy of the report available to the organization.

(2)  The Secretary may accept or not accept the findings of the panel. After the panel has submitted a report with respect to an organization, the Secretary may, with the concurrence of the organization, amend the contract to modify the scope of the functions to be carried out by the organization, or in any other manner. The Secretary may terminate a contract under the authority of subsection (c)(6)(B) upon 90 days notice after the panel has submitted a report, or earlier if the organization so agrees.

(3)  A panel appointed by the Secretary under this subsection shall consist of not more than five individuals, each of whom shall be a member of a quality improvement^[287] organization having a contract with the Secretary under this part. While serving on such panel individuals shall be paid at a per diem rate not to exceed the current per diem equivalent at the time that service on the panel is rendered for grade GS-18 under section 5332 of title 5, United States Code. Appointments shall be made without regard to title 5, United States Code.

(4)  During the period after the Secretary has given notice of intent to terminate a contract, and prior to the time that the Secretary enters into a contract with another quality improvement^[288] organization, the Secretary may transfer review responsibilities of the organization under the contract being terminated to another quality improvement^[289] organization, or to an intermediary or carrier having an agreement under section 1816 or a contract under section 1842.

(i) (1)  Notwithstanding any other provision of this section, the Secretary shall not renew a contract with any organization that is not an in-State organization (as defined in paragraph (3)) unless the Secretary has first complied with the requirements of paragraph (2).

(2) (A)  Not later than six months before the date on which a contract period ends with respect to an organization that is not an in-State organization, the Secretary shall publish in the Federal Register—

(i)  the date on which such period ends; and

(ii)  the period of time in which an in-State organization may submit a proposal for the contract ending on such date.

(B)  If one or more qualified in-State organizations submits a proposal within the period of time specified under subparagraph (A)(ii), the Secretary shall not automatically renew the current contract on a noncompetitive basis, but shall provide for competition for the contract in the same manner as a new contract under subsection (b).

(3)  For purposes of this subsection, an in-State organization is an organization that has its primary place of business in the State in which review will be conducted (or, which is owned by a parent corporation the headquarters of which is located in such State).

SEC. 1154. [42 U.S.C. 1320c-3]  FUNCTIONS OF QUALITY IMPROVEMENT ORGANIZATIONS.

(a) 

(4) 

(C)  The Secretary may provide, by contract under competitive procurement procedures on a State-by-State basis in up to 25 States, for the review described in subparagraph (B) by an appropriate entity (which may be a quality improvement^[290] organization described in that subparagraph). In selecting among States in which to conduct such competitive procurement procedures, the Secretary may not select States which, as a group, have more than 50 percent of the total number of individuals enrolled with eligible organizations under section 1876. Under a contract with an entity under this subparagraph—

(i)  the entity must be, or must meet all the requirements under section 1152 to be, a quality improvement^[291] organization (other than the ability to perform review functions under this section that are not described in subparagraph (B)),

(ii)  the contract must meet the requirement of section 1153(b)(3), and

(iii)  the level of effort expended under the contract shall be, to the extent practicable, not less than the level of effort that would otherwise be required under the third sentence of subparagraph (B) if this subparagraph did not apply.

(d)  Each contract under this part shall require that the quality improvement^[292] organization’s review responsibility pursuant to subsection (a)(1) will include review of all ambulatory surgical procedures specified pursuant to section 1833(i)(1)(A) which are performed in the area, or, at the discretion of the Secretary a sample of such procedures.