Sec. 213. Supporting public health data availability and access

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Section 2823(a)(2) of the Public Health Service Act ( 42 U.S.C. 300hh–33(a)(2) ) is amended— by striking In carrying out and inserting the following: In carrying out ; and by striking shall, as appropriate and and inserting shall, not later than 2 years after the date of enactment of the ; and PREVENT Pandemics Act , by adding at the end the following: The standards designated as described in subparagraph

(A)may include standards to improve— the exchange of electronic health information for— electronic case reporting; syndromic surveillance; reporting of vital statistics; and reporting test orders and results electronically, including from laboratories; automated electronic reporting to relevant public health data systems of the Centers for Disease Control and Prevention; and such other use cases as the Secretary determines appropriate. In carrying out the requirements of this paragraph, the Secretary, in consultation with the Office of the National Coordinator for Health Information Technology, may use input gathered (including input and recommendations gathered from the Health Information Technology Advisory Committee), and materials developed, prior to the date of enactment of the PREVENT Pandemics Act . The data and technology standards designated pursuant to this paragraph may include the adoption of standards previously adopted by the Secretary pursuant to section 3004. Nothing in this paragraph shall be construed as modifying applicable Federal or State information privacy or security law. . Not later than 1 year after the date of enactment of this Act, the Office of the National Coordinator for Health Information Technology shall conduct a study to review the use of standards for electronic ordering and reporting of laboratory test results. In conducting the study under paragraph (1), the Office of the National Coordinator for Health Information Technology shall— determine the extent to which clinical laboratories are using standards for electronic ordering and reporting of laboratory test results; assess trends in laboratory compliance with standards for ordering and reporting laboratory test results and the effect of such trends on the interoperability of laboratory data with public health data systems; identify challenges related to collection and reporting of demographic and other data elements with respect to laboratory test results; identify any challenges associated with using or complying with standards and reporting laboratory test results with data elements identified in standards for electronic ordering and reporting of such results; and review other relevant areas determined appropriate by the Office of the National Coordinator for Health Information Technology. Not later than 2 years after the date of enactment of this Act, the Office of the National Coordinator for Health Information Technology shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report concerning the findings of the study conducted under paragraph (1). The Secretary of Health and Human Services (referred to in this subsection as the Secretary ) shall, as appropriate, facilitate the development of, or updates to, memoranda of understanding, data use agreements, or other applicable interagency agreements regarding appropriate access, exchange, and use of public health data between the Centers for Disease Control and Prevention, the Office of the Assistant Secretary for Preparedness and Response, other relevant agencies or offices within the Department of Health and Human Services, and other relevant Federal agencies, in order to prepare for, identify, monitor, and respond to declared or potential public health emergencies. In carrying out activities pursuant to subparagraph (A), the Secretary shall— ensure that the agreements and memoranda of understanding described in such subparagraph— address the methods of granting access to data held by one agency or office with another to support the respective missions of such agencies or offices; consider minimum necessary principles of data sharing for appropriate use; include appropriate privacy and cybersecurity protections; and are subject to regular updates, as appropriate; collaborate with the Centers for Disease Control and Prevention, the Office of the Assistant Secretary for Preparedness and Response, the Office of the Chief Information Officer, and, as appropriate, the Office of the National Coordinator for Health Information Technology, and other entities within the Department of Health and Human Services; and consider the terms and conditions of any existing data use agreements with other public or private entities and any need for updates to such existing agreements, consistent with paragraph (2). The Secretary, acting through the Director of the Centers for Disease Control and Prevention and the Assistant Secretary for Preparedness and Response, may update memoranda of understanding, data use agreements, or other applicable agreements and contracts to improve appropriate access, exchange, and use of public health data between the Centers for Disease Control and Prevention and the Office of the Assistant Secretary for Preparedness and Response and external entities, including State, Tribal, and territorial health departments, laboratories, hospitals and other health care providers, electronic health records vendors, and other entities, as applicable and appropriate, in order to prepare for, identify, monitor, and respond to declared or potential public health emergencies. Not later than 90 days after the date of enactment of this Act, the Secretary shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on the status of the agreements under this subsection. Part A of title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by adding at the end the following: The Secretary may, in consultation with State, local, and Tribal public health officials, carry out activities to improve the availability of appropriate and applicable public health data related to communicable diseases, and information sharing between, the Director of the Centers for Disease Control and Prevention, the Assistant Secretary for Preparedness and Response, and such State, local, and Tribal public health officials, which may include such data from— health care providers and facilities; public health and clinical laboratories; and State, local, and Tribal health departments. The Secretary shall, consistent with the requirements of this section, work with such officials and relevant stakeholders to provide information on the content, form, and manner in which such data may most effectively support the ability of State, local, and Tribal health departments to respond to such communicable diseases, including related to the collection and reporting of demographic and other relevant data elements. In facilitating the coordination of efforts under subsection (a), the Secretary shall make reasonable efforts to limit reported public health data to the minimum necessary information needed to accomplish the intended public health surveillance purpose. The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may exempt from disclosure under section 552(b)(3) of title 5, United States Code, public health data that are gathered under this section if— an individual is identified through such data; or there is at least a very small risk, as determined by current scientific practices or statistical methods, that some combination of the information, the request, and other available data sources or the application of technology could be used to deduce the identity of an individual. . The Secretary of Health and Human Services (referred to in this subsection as the Secretary ) shall award grants, contracts, or cooperative agreements to eligible entities for purposes of identifying, developing, or disseminating best practices in the collection of electronic health information and the use of designated data standards and implementation specifications to improve the quality and completeness of data, including demographic data, collected, accessed, or used for public health purposes and to address health disparities and related health outcomes. To be eligible to receive an award under this subsection an entity shall— be a health care provider, academic medical center, community-based organization, State, local governmental entity, Indian Tribe or Tribal organization (as such terms are defined in section 4 of the Indian Self Determination and Education Assistance Act ( 25 U.S.C. 5304 )), urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )), or other appropriate public or private nonprofit entity, or a consortia of any such entities; and submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Entities receiving awards under this subsection shall use such award to develop and test best practices for training health care providers to use standards and implementation specifications that assist in the capture, access, exchange, and use of electronic health information, including demographic information, disability status, veteran status, housing status, functional status, and other data elements. Such activities shall include, at a minimum— improving, understanding, and using data standards and implementation specifications; developing or identifying methods to improve communication with patients in a culturally- and linguistically-appropriate manner, including to better capture information related to demographics of such individuals; developing methods for accurately categorizing and recording patient responses using available data standards; educating providers regarding the utility of such information for public health purposes and the importance of accurate collection and recording of such data; and other activities, as the Secretary determines appropriate. Each recipient of an award under this subsection shall submit to the Secretary a report on the results of best practices identified, developed, or disseminated through such award. Not later than 1 year after the completion of the program under this subsection, the Secretary shall submit a report to Congress on the success of best practices developed under such program, opportunities for further dissemination of such best practices, and recommendations for improving the capture, access, exchange, and use of information to improve public health and reduce health disparities. The Secretary shall ensure that the activities and programs carried out under this subsection are free of unnecessary duplication of effort. There are authorized to be appropriated $10,000,000 for each of fiscal years 2023 through 2025 to carry out this subsection.

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42 USC 300hh–33(a)(2)
42 USC 241
25 USC 5304
25 USC 1603

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Sec. 213

Supporting public health data availability and access

Cite42 USC 300hh–33(a)(2)

Cite42 USC 241

Cite25 USC 5304

Cite25 USC 1603

Cites 4Cited by 0 across 0 sources