Sec. 8102. Assessment of impact of Health IT on racial and ethnic minority communities; outreach and adoption of Health IT in such communities

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Not later than 18 months after the date of enactment of this Act, the National Coordinator for Health Information Technology (referred to in this title as the National Coordinator ) shall— conduct an evaluation of the level of interoperability, access, use, and accessibility of electronic health records in racial and ethnic minority communities, focusing on whether patients in such communities have providers who use electronic health records, and the degree to which patients in such communities can access, exchange, and use without special effort their health information in those electronic health records; include in such evaluation an indication of whether such providers— are participating in the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) or a State plan under title XIX of such Act ( 42 U.S.C. 1396 et seq. ) (or a waiver of such plan); have received incentive payments or incentive payment adjustments under Medicare and Medicaid Electronic Health Records Incentive Programs (as defined in subsection (c)(2)); are MIPS eligible professionals, as defined in paragraph (1)(C) of section 1848(q) of the Social Security Act ( 42 U.S.C. 1395w–4(q) ), for purposes of the Merit-Based Incentive Payment System under such section; or have been recruited by any of the Health Information Technology Regional Extension Centers established under section 3012 of the Public Health Service Act ( 42 U.S.C. 300jj–32 ); and publish the results of such evaluation including the indications under subparagraph (B), the race and ethnicity of such providers, and the populations served by such providers.

The evaluation of the level of interoperability described in paragraph (1)(A) shall consider exchange of electronic health information, usability of exchanged electronic health information, effective application and use of the exchanged electronic health information, and impact on outcomes of interoperability. Not later than 1 year after the date of enactment of this Act, the National Coordinator shall— promulgate a certification criterion and module of certified EHR technology that stratifies quality measures for purposes of the Merit-Based Incentive Payment System by disparity characteristics, including race, ethnicity, language, gender, gender identity, sexual orientation, socio-economic status, and disability status, as such characteristics are defined for purposes of certified EHR technology; and report to the Centers for Medicare & Medicaid Services the quality measures stratified by race and at least 2 other disparity characteristics.

As soon as practicable after the date of enactment of this Act, the Director of the National Center for Health Statistics shall provide to Congress a more detailed analysis of the data presented in National Center for Health Statistics data brief entitled Adoption of Certified Electronic Health Record Systems and Electronic Information Sharing in Physician Offices: United States, 2013 and 2014 (NCHS Data Brief No. 236). As part of the process of collecting information, with respect to a provider, at registration and attestation for purposes of Medicare and Medicaid Electronic Health Records Incentive Programs (as defined in paragraph (2)) or the Merit-Based Incentive Payment System under section 1848(q) of the Social Security Act ( 42 U.S.C. 1395w–4(q) ), the Secretary of Health and Human Services shall collect the race and ethnicity of such provider.

For purposes of paragraph (1), the term Medicare and Medicaid Electronic Health Records Incentive Programs means the incentive programs under the following: Subsection (l)(3) of section 1814(l)(3) of the Social Security Act ( 42 U.S.C. 1395f ). Subsections (a)(7) and

(o)of section 1848 of such Act ( 42 U.S.C. 1395w–4 ). Subsections

(l)and

(m)of section 1853 of such Act ( 42 U.S.C. 1395w–23 ). Subsections (b)(3)(B)(ix)(I) and

(n)of section 1886 of such Act ( 42 U.S.C. 1395ww ). Subsections (a)(3)(F) and

(t)of section 1903 such Act ( 42 U.S.C. 1396b ). Section 3001(c)(6)(C) of the Public Health Service Act ( 42 U.S.C. 300jj–11(c)(6)(C) ) is amended— in the heading by inserting after , racial and ethnic minority communities, ; health disparities by inserting , in communities with a high proportion of individuals from racial and ethnic minority groups (as defined in section 1707(g)), including people with disabilities in such groups, after communities with health disparities ; by striking The National Coordinator and inserting the following: The National Coordinator ; and by adding at the end the following: In any publication under clause (i), the National Coordinator shall include best practices for encouraging partnerships between the Federal Government, States, private entities, national nonprofit intermediaries, and community-based organizations to expand outreach and education for and the adoption of certified EHR technology in communities with a high proportion of individuals from racial and ethnic minority groups (as defined in section 1707(g)), while also maintaining the accessibility requirements of section 508 of the Rehabilitation Act of 1973 to encourage patient involvement in patient health care. The National Coordinator shall— not later than 6 months after the submission of the report required under section 8302 of the Health Equity and Accountability Act of 2022 , establish criteria for evaluating the impact of health information technology on communities with a high proportion of individuals from racial and ethnic minority groups (as so defined) taking into account the findings in such report; and not later than 1 year after the submission of such report, publish the results of an evaluation of such impact. .

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