(d) DEFINITION OF ACCESS SERVICES.—For pur-
poses of this section, the term ‘‘access services’’ means— 
(1) outreach (including care coordination, nurs-
ing outreach, and reminder phone calls) designed 
to— 
(A) inform individuals of the benefits to 
which they are entitled; and 
(B) encourage individuals to use such ben-
efits; and 
(2) services (including transportation) that as-
sist the individual in accessing such benefits. 
(e) EFFECTIVE DATE.—The amendments made by 
this section is effective for payment for items and services 
furnished on or after October 1, 2010. 
SEC. 204. REPORT ON FEDERAL EFFORTS TO PROVIDE CUL-
TURALLY COMPETENT HEALTH CARE SERV-
ICES TO SEXUAL AND GENDER MINORITIES. 
Not later than 1 year after the date of enactment 
of this Act and annually thereafter, the Secretary shall 
enter into a contract with the Institute of Medicine for 
the preparation and publication of a report that describes 
Federal efforts to ensure that all individuals have mean-
ingful access to culturally competent health care services. 
Such report shall include— 
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(1) a description and evaluation of the activities 
carried out under this Act; 
(2) a description of best practices, model pro-
grams, guidelines, and other effective strategies for 
providing access to culturally competent health care 
services for sexual and gender minority populations; 
and 
(3) an assessment of the implementation of the 
Department of Health and Human Services National 
Standards 
on 
Culturally 
Appropriate 
Services 
(CLAS) in Health Care, in particular the implemen-
tation of CLAS mandates by recipients of Federal 
funds. 
TITLE III—RESEARCH AND DATA 
COLLECTION 
SEC. 301. NO COMPELLED DISCLOSURE OF DATA. 
This title does not authorize any Federal official or 
other entity to compel the disclosure of sexual or gender 
minority data. The disclosure of any such data pursuant 
to this title shall be strictly voluntary. 
SEC. 302. FEDERAL COLLECTION OF DATA ON SEXUAL AND 
GENDER MINORITIES. 
(a) REQUIREMENTS.— 
(1) IN GENERAL.—Each health-related program 
operated by or that receives funding or reimburse-
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ment, in whole or in part, either directly or indi-
rectly from the Department of Health and Human 
Services shall— 
(A) require the collection, by the agency or 
program involved, of sexual and gender minor-
ity data for each applicant for and recipient of 
health-related assistance under such program; 
(B) systematically analyze such data using 
the smallest appropriate units of analysis fea-
sible to detect sexual and gender minority dis-
parities in health and health care and when ap-
propriate, analyze such data for each identified 
sexual identity separately, and report the re-
sults of such analysis to the Secretary, the Di-
rector of the Office for Civil Rights, the Com-
mittee on Health, Education, Labor, and Pen-
sions and the Committee on Finance of the 
Senate, and the Committee on Energy and 
Commerce and the Committee on Ways and 
Means of the House of Representatives; 
(C) provide such data to the Secretary on 
at least an annual basis; and 
(D) ensure that the provision of assistance 
to an applicant or recipient of assistance is not 
denied or otherwise adversely affected because 
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of the failure of the applicant or recipient to 
provide sexual and gender minority data. 
(2) BUREAU OF PRISONS.—The Attorney Gen-
eral of the United States, acting through the Direc-
tor of the Bureau of Prisons, shall collect and share 
with the Secretary sexual and minority data for each 
individual who is incarcerated and receives health 
assistance in an institution under the jurisdiction of 
the Bureau of Prisons. 
(3) RULES
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed to— 
(A) permit the use of information collected 
under this subsection in a manner that would 
adversely affect any individual providing any 
such information; and 
(B) require health care providers to collect 
data. 
(b) PROTECTION OF DATA.—Through the promulga-
tion of regulations or otherwise, the Secretary shall ensure 
that all data collected pursuant to subsection (a)(1) or re-
ceived pursuant to subsection (a)(2), and the Attorney 
General of the United States shall ensure that all data 
collected pursuant to subsection (a)(2), is protected— 
(1) under the same privacy protections as the 
Secretary applies to other health data under the reg-
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ulations promulgated under section 264(c) of the 
Health Insurance Portability and Accountability Act 
of 1996 (Public Law 104–191; 110 Stat. 2033) re-
lating to the privacy of individually identifiable 
health information and other protections; and 
(2) from all inappropriate internal use by any 
entity that collects, stores, or receives the data, in-
cluding use of such data in determinations of eligi-
bility (or continued eligibility) in health plans, and 
from other inappropriate uses, as defined by the 
Secretary. 
(c) NATIONAL PLAN OF THE DATA COUNCIL.—The 
Secretary shall develop and implement a national plan to 
ensure the collection of data in a culturally appropriate 
and competent manner, and to improve the collection, 
analysis, and reporting of sexual and gender minority data 
at the Federal, State, territorial, tribal, and local levels, 
including data to be collected under subsection (a). The 
Data Council of the Department of Health and Human 
Services, in consultation with the National Committee on 
Vital Health Statistics, the National Center for Health 
Statistics, the Office of Minority Health, and other appro-
priate public and private entities, shall make recommenda-
tions to the Secretary concerning the development, imple-
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mentation, and revision of the national plan. Such plan 
shall include recommendations on how to— 
(1) implement subsection (a) while minimizing 
the cost and administrative burdens of data collec-
tion and reporting; 
(2) expand awareness among Federal agencies, 
States, territories, Indian tribes, health providers, 
health plans, health insurance issuers, and the gen-
eral public that data collection, analysis, and report-
ing of sexual and gender minority data is necessary 
to assure equity and nondiscrimination in the quality 
of health care services; 
(3) ensure that future patient record systems 
have data code sets for sexual and gender minority 
identifiers and that such identifiers can be retrieved 
from clinical records, including records transmitted 
electronically; 
(4) provide researchers with greater access to 
sexual and gender minority data, subject to privacy 
and confidentiality regulations; and 
(5) safeguard and prevent the misuse of data 
collected under subsection (a). 
(d) COMPLIANCE WITH STANDARDS.—Data collected 
under subsection (a) shall be obtained, maintained, and 
presented (including for reporting purposes) in accordance 
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with the 1997 Office of Management and Budget Stand-
ards for Maintaining, Collecting, and Presenting Federal 
Data on Race and Ethnicity (at a minimum). 
(e) SEXUAL AND GENDER MINORITY DATA COLLEC-
TION STANDARDS.—Not later than 1 year after the date 
of enactment of this Act, the Deputy Assistant Secretary 
for LGBT Health, in consultation with the Office for Civil 
Rights of the Department of Health and Human Services 
and relevant data collection agencies, shall develop and 
disseminate Standards for the Classification of Federal 
Data on Sexual and Gender Minorities. 
(f) TECHNICAL ASSISTANCE FOR THE COLLECTION 
AND REPORTING OF DATA.— 
(1) IN GENERAL.—The Secretary may, either 
directly or through grant or contract, provide tech-
nical assistance to enable a health care program or 
an entity operating under such program to comply 
with the requirements of this section. 
(2) TYPES
OF
ASSISTANCE.—Assistance pro-
vided under this subsection may include assistance 
to— 
(A) enhance or upgrade computer tech-
nology that will facilitate sexual and gender mi-
nority data collection and analysis; 
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(B) develop mechanisms for submitting 
collected data subject to existing privacy and 
confidentiality regulations; and 
(C) develop educational programs to in-
form health insurance issuers, health plans, 
health providers, health-related agencies, and 
the general public that data collection and re-
porting by sexual and gender minority are legal 
and essential for eliminating health and health 
care disparities. 
(g) ANALYSIS OF SEXUAL AND GENDER MINORITY 
HEALTH DATA.—The Secretary, acting through the Di-
rector of the Agency for Healthcare Research and Quality 
and in coordination with the Administrator of the Centers 
for Medicare & Medicaid Services, shall provide technical 
assistance to agencies of the Department of Health and 
Human Services in meeting Federal standards for sexual 
and gender minority data collection and analysis of sexual 
and gender minority disparities in health and health care 
in public programs by— 
(1) identifying appropriate quality assurance 
mechanisms to monitor for health disparities; 
(2) specifying the clinical, diagnostic, or thera-
peutic measures which should be monitored; 
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(3) developing new quality measures relating to 
sexual and gender minority disparities in health and 
health care; 
(4) identifying the level at which data analysis 
should be conducted; and 
(5) sharing data with external organizations for 
research and quality improvement purposes. 
(h) REPORT.—Not later than 2 years after the date 
of enactment of this Act, and biennially thereafter, the 
Secretary shall submit to the appropriate committees of 
Congress a report on the effectiveness of data collection, 
analysis, and reporting on sexual and minorities under the 
programs and activities of the Department of Health and 
Human Services and under other Federal data collection 
systems with which the Department interacts to collect 
relevant data on sexual and gender minorities. The report 
shall evaluate the progress made in the Department with 
respect to the national plan under subsection (c) or subse-
quent revisions thereto. 
(i) DEFINITION.—In this section, the term ‘‘health- 
related program’’ means a program— 
(1) under the Social Security Act (42 U.S.C. 
301 et seq.) that pays for health care and services; 
and 
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(2) under this Act that provides Federal finan-
cial assistance for health care, biomedical research, 
health services research, or programs designed to 
improve the public’s health. 
(j) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for each of fiscal years 
2010 through 2015. 
SEC. 303. INCLUSION OF SEXUAL ORIENTATION AND GEN-
DER 
IDENTITY 
IN 
FEDERALLY 
FUNDED 
HEALTH SURVEYS. 
The Secretary shall ensure that, not later than 3 
years after the date of enactment of this Act, any ongoing 
or new federally conducted or supported health programs 
(including surveys) achieve the— 
(1) collection and reporting of data by sexual 
and gender identity, using tested methods for doing 
this with the greatest possible accuracy; and 
(2) development of a standard question to be 
included on such surveys which includes information 
as to the individual’s sexual orientation and gender 
identity. 
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(e) EVALUATION OF PROGRAMS.— 
(1) IN GENERAL.—For the purpose of evalu-
ating the effectiveness of programs of sex education 
carried out with a grant under this section, evalua-
tions shall be carried out in accordance with para-
graphs (2) and (3). 
(2) NATIONAL EVALUATION.— 
(A) METHOD.—The Secretary shall pro-
vide for a national evaluation of a representa-
tive sample of programs of sex education car-
ried out with grants under this section to deter-
mine— 
(i) the effectiveness of such programs 
in helping to delay the initiation of sexual 
intercourse and other high-risk behaviors; 
(ii) the effectiveness of such programs 
in preventing adolescent pregnancy; 
(iii) the effectiveness of such pro-
grams in preventing sexually transmitted 
disease, including HIV/AIDS; 
(iv) the effectiveness of such programs 
in increasing contraceptive knowledge and 
contraceptive behaviors when sexual inter-
course occurs; and 
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