---
kind: "section"
citation: "42 C.F.R. § 414.1330"
title: "42"
number: "414.1330"
heading: "Quality performance category."
url: "https://uscodex.org/cfr/42/414.1330"
---

# §414.1330. Quality performance category.

- (a) For a MIPS payment year, CMS uses the following quality measures, as applicable, to assess performance in the quality performance category:
  - (1) Measures included in the MIPS final list of quality measures established by CMS through rulemaking;
  - (2) QCDR measures approved by CMS under [§ 414.1400](/cfr/42/414.1400.md);
  - (3) Facility-based measures described in [§ 414.1380](/cfr/42/414.1380.md); and
  - (4) MIPS APM measures described in [§ 414.1370](/cfr/42/414.1370.md).
- (b) Unless a different scoring weight is assigned by CMS, performance in the quality performance category comprises:
  - (1) 60 percent of a MIPS eligible clinician's final score for MIPS payment year 2019.
  - (2) 50 percent of a MIPS eligible clinician's final score for MIPS payment year 2020.
  - (3) 45 percent of a MIPS eligible clinician's final score for MIPS payment years 2021 and 2022.
  - (4) 40 percent of a MIPS eligible clinician's final score for the MIPS payment year 2023.
  - (5) 30 percent of a MIPS eligible clinician's final score for the MIPS payment year 2024 and future years.
- (c)
  - (1) **CMS uses the following criteria to determine the removal of a quality measure—**
    - (i) If the Secretary determines that the quality measure is no longer meaningful, such as measures that are topped out.
    - (ii) If a measure steward is no longer able to maintain the quality measure.
    - (iii) If the quality measure reached extremely topped out status.
    - (iv) If the quality measure does not meet case minimum and reporting volumes required for benchmarking after being in the program for 2 consecutive CY performance periods.
    - (v) If the quality measure is duplicative.
    - (vi) If the quality measure is not updated to reflect current clinical guidelines, which are not reflective of a clinician's scope of practice.
    - (vii) If the quality measure is a process measure.
    - (viii) If the quality measure addresses a measurement gap.
    - (ix) If the quality measure is a patient-reported outcome.
    - (x) If the quality measure is not available for MIPS quality reporting by or on behalf of all MIPS eligible clinicians.
    - (xi) **The robustness of the quality measure.**
    - (xii) **Consideration of the quality measure in developing MIPS Value Pathways (MVPs).**
  - (2) A quality measure that otherwise meets the criteria for removal in [paragraph (c)(1)](#c-1) of this section may nonetheless be retained based on the following considerations:
    - (i) Whether the removal of the process measure impacts the number of measures available for a specific specialty.
    - (ii) **Whether the quality measure addresses a priority area.**
    - (iii) **Whether the quality measure promotes positive outcomes in patients.**
    - (iv) **Whether the quality measure is designated as high priority or not.**
    - (v) **Whether the quality measure has reached extremely topped out status.**
    - (vi) **Evaluation of the quality measure's performance data.**

## Notes

### Amendments

[83 FR 60078, Nov. 23, 2018, as amended at 84 FR 63195, Nov. 15, 2019; 85 FR 85031, Dec. 28, 2020; 89 FR 98561, Dec. 9, 2024]

### Source

Source: 81 FR 77537, Nov. 4, 2016, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302, 1395hh, and 1395rr(b)(l).

### Source

Source: 55 FR 23441, June 8, 1990, unless otherwise noted.

### Amendments

[83 FR 60078, Nov. 23, 2018, as amended at 84 FR 63195, Nov. 15, 2019; 85 FR 85031, Dec. 28, 2020; 89 FR 98561, Dec. 9, 2024]