I 
116TH CONGRESS 
2D SESSION 
H. R. 8200 
To improve the health of minority individuals during the COVID–19 
pandemic, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 11, 2020 
Ms. KELLY of Illinois (for herself, Ms. BASS, Mr. CASTRO of Texas, Ms. JUDY 
CHU of California, Mr. GARCI´A of Illinois, Ms. HAALAND, Ms. LEE of 
California, Mr. SOTO, Ms. SEWELL of Alabama, Mr. BUTTERFIELD, Mr. 
SABLAN, Ms. BARRAGA´N, Ms. CLARKE of New York, Mr. CA´RDENAS, Mr. 
SARBANES, Ms. PRESSLEY, Mr. THOMPSON of Mississippi, Ms. ESCOBAR, 
Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. CARSON of Indiana, Mr. 
CLAY, Mrs. BEATTY, Mr. KHANNA, Ms. GARCIA of Texas, Mr. SAN NICO-
LAS, Mr. ESPAILLAT, Ms. JAYAPAL, Mrs. DEMINGS, Mr. HASTINGS, Mrs. 
WATSON
COLEMAN, Ms. JOHNSON
of Texas, Mr. GRIJALVA, Ms. 
BONAMICI, and Mr. LYNCH) introduced the following bill; which was re-
ferred to the Committee on Energy and Commerce, and in addition to 
the Committees on Ways and Means, the Judiciary, Transportation and 
Infrastructure, Education and Labor, Agriculture, Natural Resources, 
House Administration, Oversight and Reform, the Budget, and Small 
Business, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To improve the health of minority individuals during the 
COVID–19 pandemic, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ending Health Dis-
parities During COVID–19 Act of 2020’’ or the ‘‘EHDC 
Act of 2020’’. 
SEC. 2. TABLE OF CONTENTS. 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—RACIAL AND ETHNICITY DATA COLLECTION 
Subtitle A—Collection and Reporting 
Sec. 101. Equitable data collection and disclosure on COVID–19 Act. 
Sec. 102. COVID–19 reporting portal. 
Sec. 103. Regular CDC reporting on demographic data. 
Sec. 104. Amendment to the Public Health Service Act. 
Sec. 105. Elimination of prerequisite of direct appropriations for data collection 
and analysis. 
Sec. 106. Collection of data for the Medicare program. 
Sec. 107. Revision of HIPAA claims standards. 
Sec. 108. Disparities data collected by the Federal Government. 
Sec. 109. Standards for measuring sexual orientation, gender identity, and so-
cioeconomic status in collection of health data. 
Sec. 110. Improving health data regarding Native Hawaiians and other Pacific 
Islanders. 
Subtitle B—Improvements and Modernization 
Sec. 121. Federal modernization for health inequities data. 
Sec. 122. Modernization of State and local health inequities data. 
Sec. 123. Additional reporting to Congress on the race and ethnicity rates of 
COVID–19 testing, hospitalizations, and mortalities. 
TITLE II—EQUITABLE TESTING AND TRACING 
Subtitle A—Free Testing for Patients 
Sec. 201. Sooner coverage of testing for COVID–19. 
Subtitle B—National Testing Strategy 
Sec. 211. COVID–19 testing strategy. 
Sec. 212. Coronavirus immigrant families protection. 
Sec. 213. ICE detention. 
Subtitle C—Contact Tracing 
Sec. 221. COVID–19 Testing, reaching, and contacting everyone. 
Sec. 222. National system for COVID–19 testing, contact tracing, surveillance, 
containment, and mitigation. 
Sec. 223. Grants. 
Sec. 224. Grants to State and Tribal workforce agencies. 
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TITLE III—FREE TREATMENT FOR ALL AMERICANS 
Sec. 301. Coverage at no cost sharing of COVID–19 vaccine and treatment. 
Sec. 302. Optional coverage at no cost sharing of COVID–19 treatment and 
vaccines under Medicaid for uninsured individuals. 
Sec. 303. Coverage of treatments for COVID–19 at no cost sharing under the 
Medicare Advantage program. 
Sec. 304. Requiring coverage under Medicare PDPS and MA–PD plans, with-
out the imposition of cost sharing or utilization management 
requirements, of drugs intended to treat COVID–19 during 
certain emergencies. 
Sec. 305. Coverage of COVID–19 related treatment at no cost sharing. 
Sec. 306. Reimbursement for additional health services relating to coronavirus. 
TITLE IV—FEDERAL HEALTH EQUITY OVERSIGHT 
Sec. 401. COVID-19 Racial and Ethnic Disparities Task Force Act of 2020. 
Sec. 402. Protection of the HHS Offices of Minority Health. 
Sec. 403. Establish an interagency counsel and grant programs on social deter-
minants of health. 
Sec. 404. Accountability and transparency within the Department of Health 
and Human Services. 
TITLE V—EXPANDED INSURANCE ACCESS 
Sec. 501. Medicare special enrollment period for individuals residing in COVID- 
19 emergency areas. 
Sec. 502. Special enrollment period through exchanges; Federal exchange out-
reach and educational activities. 
Sec. 503. MOMMA’s Act. 
Sec. 504. Allowing for medical assistance under Medicaid for inmates during 
30-day period preceding release. 
Sec. 505. Providing for immediate Medicaid eligibility for former foster youth. 
Sec. 506. Expanded coverage for former foster youth. 
Sec. 507. Removing citizenship and immigration barriers to access to affordable 
health care under ACA. 
Sec. 508. Medicaid in the territories. 
Sec. 509. Removing Medicare barrier to health care. 
Sec. 510. Removing barriers to health care and nutrition assistance for chil-
dren, pregnant persons, and lawfully present individuals. 
Sec. 511. Repeal of requirement for documentation evidencing citizenship or 
nationality under the Medicaid program. 
TITLE VI—COMMUNITY BASED GRANTS 
Sec. 601. Grants for racial and ethnic approaches to community health. 
Sec. 602. Grants to promote health for underserved communities. 
Sec. 603. Addressing COVID–19 health inequities and improving health equity. 
Sec. 604. Improving social determinants of health. 
Sec. 605. Funding to States, localities, and community-based organizations for 
emergency aid and services. 
Sec. 606. Supplemental nutrition assistance program. 
TITLE VII—CULTURALLY AND LINGUISTICALLY COMPETENT 
CARE 
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Sec. 701. Ensuring standards for culturally and linguistically appropriate serv-
ices in health care. 
Sec. 702. Culturally and linguistically appropriate health care in the Public 
Health Service Act. 
Sec. 703. Training tomorrow’s doctors for culturally and linguistically appro-
priate care: graduate medical education. 
Sec. 704. Federal reimbursement for culturally and linguistically appropriate 
services under the Medicare, Medicaid, and State Children’s 
Health Insurance Programs. 
Sec. 705. Requirements for health programs or activities receiving Federal 
funds. 
Sec. 706. Report on Federal efforts to provide culturally and linguistically ap-
propriate health care services. 
Sec. 707. Health professions competencies to address racial and ethnic mental 
health disparities. 
Sec. 708. Study on the uninsured. 
TITLE VIII—AID TO PROVIDERS SERVING MINORITY 
COMMUNITIES 
Sec. 801. Temporary increase in Medicaid DSH allotments. 
Sec. 802. COVID–19-related temporary increase of Medicaid FMAP. 
Sec. 803. Appropriation for primary health care. 
Sec. 804. Amendment to the Public Health Service Act. 
Sec. 805. Pandemic premium pay for essential workers. 
Sec. 806. COVID–19 Heroes Fund grants. 
Sec. 807. Enforcement and outreach. 
TITLE IX—HEALTH IT AND BRIDGING THE DIGITAL DIVIDE IN 
HEALTH CARE 
Sec. 901. HRSA assistance to health centers for promotion of Health IT. 
Sec. 902. Assessment of impact of Health IT on racial and ethnic minority 
communities; outreach and adoption of Health IT in such com-
munities. 
Sec. 903. Extending funding to strengthen the Health IT infrastructure in ra-
cial and ethnic minority communities. 
Sec. 904. Extending competitive grants for the development of loan programs 
to facilitate adoption of certified EHR technology by providers 
serving racial and ethnic minority groups. 
Sec. 905. Authorization of appropriations. 
Sec. 906. Data collection and assessments conducted in coordination with mi-
nority-serving institutions. 
Sec. 907. Study of health information technology in medically underserved com-
munities. 
Sec. 908. Study on the effects of changes to telehealth under the Medicare and 
Medicaid programs during the COVID-19 emergency. 
Sec. 909. COVID–19 designation of immediate special authority of spectrum 
for Tribes’ emergency response in Indian Country. 
Sec. 910. Facilitating the provision of telehealth services across State lines. 
TITLE X—PUBLIC AWARENESS 
Sec. 1001. Awareness campaigns. 
Sec. 1002. Increasing understanding of and improving health literacy. 
Sec. 1003. English for speakers of other languages. 
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Sec. 1004. Influenza, COVID–19, and pneumonia vaccination campaign. 
TITLE XI—RESEARCH 
Sec. 1101. Research and development. 
Sec. 1102. CDC field studies pertaining to specific health inequities. 
Sec. 1103. Expanding capacity for health outcomes. 
Sec. 1104. Data collection and analysis grants to minority-serving institutions. 
Sec. 1105. Safety and effectiveness of drugs with respect to racial and ethnic 
background. 
Sec. 1106. GAO and NIH reports. 
Sec. 1107. Health impact assessments. 
Sec. 1108. Tribal funding to research health inequities including COVID–19. 
Sec. 1109. Research endowments at both current and former centers of excel-
lence. 
TITLE XII—EDUCATION 
Sec. 1201. Grants for schools of medicine in diverse and underserved areas. 
Sec. 1202. Amendment to the Public Health Service Act. 
Sec. 1203. Hispanic-serving institutions, Historically Black Colleges and Uni-
versities, Asian American and Native American Pacific Is-
lander-serving institutions, Tribal colleges, regional community- 
based organizations, and national minority medical associa-
tions. 
Sec. 1204. Loan repayment program of Centers for Disease Control and Pre-
vention. 
Sec. 1205. Study and report on strategies for increasing diversity. 
Sec. 1206. Amendments to the Pandemic EBT Act. 
TITLE XIII—PUBLIC HEALTH ASSISTANCE TO TRIBES 
Sec. 1301. Appropriations for the Indian Health Service. 
Sec. 1302. Improving State, local, and Tribal public health security. 
Sec. 1303. Provision of items to Indian programs and facilities. 
Sec. 1304. Health care access for urban native veterans. 
Sec. 1305. Proper and reimbursed care for native veterans. 
TITLE I—RACIAL AND 
ETHNICITY DATA COLLECTION 
Subtitle A—Collection and 
Reporting 
SEC. 101. EQUITABLE DATA COLLECTION AND DISCLOSURE 
ON COVID–19 ACT. 
(a) FINDINGS.—Congress makes the following find-
ings: 
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(1) The World Health Organization (WHO) de-
clared COVID–19 a ‘‘Public Health Emergency of 
International Concern’’ on January 30, 2020. By 
late March 2020, there have been over 470,000 con-
firmed cases of, and 20,000 deaths associated with, 
COVID–19 worldwide. 
(2) In the United States, cases of COVID–19 
have quickly surpassed those across the world, and 
as of April 12, 2020, over 500,000 cases and 20,000 
deaths have been reported in the United States 
alone. 
(3) Early reporting on racial inequities in 
COVID–19 testing and treatment have renewed calls 
for the Centers for Disease Control and Prevention 
and other relevant subagencies within the Depart-
ment of Health and Human Services to publicly re-
lease racial and demographic information to better 
inform the pandemic response, specifically in com-
munities of color and in Limited English Proficient 
(LEP) communities. 
(4) The burden of morbidity and mortality in 
the United States has historically fallen dispropor-
tionately on marginalized communities (those who 
suffer the most from great public health needs and 
are the most medically underserved). 
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(5) Historically, structures and systems, such 
as racism, ableism and class oppression, have ren-
dered affected individuals more vulnerable to inequi-
ties and have prevented people from achieving their 
optimal health even when there is not a crisis of 
pandemic proportions. 
(6) Significant differences in access to health 
care, specifically to primary health care providers, 
health care information, and greater perceived dis-
crimination in health care place communities of 
color, individuals with disabilities, and LEP individ-
uals at greater risk of receiving delayed, and per-
haps poorer, health care. 
(7) Stark racial inequities across the United 
States, including unequal access to stable housing, 
quality education, and decent employment signifi-
cantly impact the ability of individuals to take care 
of their most basic health needs. Communities of 
color are more likely to experience homelessness and 
struggle with low-paying jobs or unemployment. To 
date, experts have cited that 2 in 5 Latino residents 
in New York City, the current epicenter of the 
COVID–19 pandemic, are recently unemployed as a 
direct consequence of COVID–19. And at a time 
when sheltering in place will save lives, less than 1 
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in 5 Black workers and roughly 1 in 6 Latino work-
ers are able to work from home. 
(8) Communities of color experience higher 
rates of chronic disease and disabilities, such as dia-
betes, hypertension, and asthma, than non-Hispanic 
White communities, which predisposes them to 
greater risk of complications and mortality should 
they contract COVID–19. 
(9) Such communities are made even more vul-
nerable to the uncertainty of the preparation, re-
sponse, and events surrounding the pandemic public 
health crisis, COVID–19. For instance, in the recent 
past, multiple epidemiologic studies and reviews have 
reported higher rates of hospitalization due to the 
2009 H1N1 pandemic among the poor, individuals 
with disabilities and preexisting conditions, those liv-
ing in impoverished neighborhoods, and individuals 
of color and ethnic backgrounds in the United 
States. These findings highlight the urgency to 
adapt the COVID–19 response to monitor and act 
on these inequities via data collection and research 
by race and ethnicity. 
(10) Research experts recognize that there are 
underlying differences in illness and death when 
each of these factors are examined through socio-
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economic and racial or ethnic lenses. These socially 
determinant factors of health accelerate disease and 
degradation. 
(11) Language barriers are highly correlated 
with medication noncompliance and inconsistent en-
gagement with health systems. Without language ac-
cessibility data and research around COVID–19, 
these communities are less likely to receive critical 
testing and preventive health services. Yet, to date, 
the Centers for Disease Control and Prevention do 
not disseminate COVID–19 messaging in critical 
languages, including Mandarin Chinese, Spanish, 
and Korean within the same timeframe as informa-
tion in English despite requirements to ensure lim-
ited English proficient populations are not discrimi-
nated against under title VI of the Civil Rights Act 
of 1964 and subsequent laws and Federal policies. 
(12) Further, it is critical to disaggregate data 
further by ancestry to address disparities among 
Asian American, Native Hawaiian, and Pacific Is-
lander groups. According to the National Equity 
Atlas, while 13 percent of the Asian population over-
all lived in poverty in 2015, 39 percent of Burmese 
people, 29 percent of Hmong people, and 21 percent 
of Pacific Islanders lived in poverty. 
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(13) Utilizing disaggregation of enrollment in 
Affordable Care Act-sponsored health insurance, the 
Asian and Pacific Islander American Health Forum 
found that prior to the passage of the Patient Pro-
tection and Affordable Care Act (Public Law 111– 
148), Korean Americans had a high uninsured rate 
of 23 percent, compared to just 12 percent for all 
Asian Americans. Developing targeted outreach ef-
forts assisted 1,000,000 people and resulted in a 56- 
percent decrease in the uninsured among the Asian, 
Native Hawaiian, and Pacific Islander population. 
Such efforts show that disaggregated data is essen-
tial to public health mobilizations efforts. 
(14) Without clear understanding of how 
COVID–19 impacts marginalized racial and ethnic 
communities, there will be exacerbated risk of en-
dangering the most historically vulnerable of our 
Nation. 
(15) The consequences of misunderstanding the 
racial and ethnic impact of COVID–19 expound be-
yond communities of color such that it would impact 
all. 
(16) Race and ethnicity are valuable research 
and practice variables when used and interpreted ap-
propriately. Health data collected on patients by 
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race and ethnicity will boost and more efficiently di-
rect critical resources and inform risk communica-
tion development in languages and at appropriate 
health literacy levels, which resonate with historically 
vulnerable communities of color. 
(17) To date, there is no public standardized 
and comprehensive race and ethnicity data reposi-
tory of COVID–19 testing, hospitalizations, or mor-
tality. The inconsistency of data collection by Fed-
eral, State, and local health authorities, and the in-
ability to access data by public research institutions 
and academic organizations, poses a threat to anal-
ysis and synthesis of the pandemic impact on com-
munities of color. However, research and medical ex-
perts of Historically Black Colleges and Universities, 
academic health care institutions which are histori-
cally and geographically embedded in minoritized 
and marginalized communities, generally also pos-
sess rapport with the communities they serve. They 
are well-positioned, as trusted thought leaders and 
health care service providers, to collect data and con-
duct research toward creating holistic solutions to 
remedy the inequitable impact of this and future 
public health crises. 
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(18) Well-designed, ethically sound research 
aligns with the goals of medicine, addresses ques-
tions relevant to the population among whom the 
study will be carried out, balances the potential for 
benefit against the potential for harm, employs 
study designs that will yield scientifically valid and 
significant data, and generates useful knowledge. 
(19) The dearth of racially and ethnically 
disaggregated data reflecting the health of commu-
nities of color underlies the challenges of a fully in-
formed public health response. 
(20) Without collecting race and ethnicity data 
associated with COVID–19 testing, hospitalizations, 
morbidities, and mortalities, as well as publicly dis-
closing it, communities of color will remain at great-
er risk of disease and death. 
(b) EMERGENCY FUNDING FOR FEDERAL DATA COL-
LECTION ON THE RACIAL, ETHNIC, AND OTHER DEMO-
GRAPHIC DISPARITIES OF COVID–19.—To conduct or 
support data collection on the racial, ethnic, and other de-
mographic implications of COVID–19 in the United States 
and its territories, including support to assist in the capac-
ity building for State and local public health departments 
to collect and transmit racial, ethnic, and other demo-
graphic data to the relevant Department of Health and 
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Human Services agencies, there is authorized to be appro-
priated— 
(1) to the Centers for Disease Control and Pre-
vention, $12,000,000; 
(2) to State, territorial, and Tribal public 
health agencies, distributed proportionally based on 
the total population of their residents who are en-
rolled in Medicaid or who have no health insurance, 
$15,000,000; 
(3) to the Indian Health Service, Indian Tribes 
and Tribal organizations (as defined in section 4 of 
the Indian Self-Determination and Education Assist-
ance Act), and urban Indian organizations (as de-
fined in section 4 of the Indian Health Care Im-
provement Act), $3,000,000; 
(4) to the Centers for Medicare & Medicaid 
Services, $5,000,000; 
(5) to the Food and Drug Administration, 
$5,000,000; 
(6) to the Agency for Healthcare Research and 
Quality, $5,000,000; and 
(7) to the Office of the National Coordinator 
for Health Information Technology, $5,000,000. 
(c) COVID–19 DATA COLLECTION
AND DISCLO-
SURE.— 
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(1) DATA
COLLECTION.—The Secretary of 
Health and Human Services (referred to in this sec-
tion as the ‘‘Secretary’’), acting through the Direc-
tor of the Centers for Disease Control and Preven-
tion and the Administrator of the Centers for Medi-
care & Medicaid Services, shall make publicly avail-
able on the website of the Centers for Disease Con-
trol and Prevention data collected across all surveil-
lance systems relating to COVID–19, disaggregated 
by race, ethnicity, sex, age, primary language, socio-
economic status, disability status, and county, in-
cluding the following: 
(A) Data related to all COVID–19 testing, 
including the number of individuals tested and 
the number of tests that were positive. 
(B) Data related to treatment for COVID– 
19, including hospitalizations and intensive care 
unit admissions. 
(C) Data related to COVID–19 outcomes, 
including total fatalities and case fatality rates 
(expressed as the proportion of individuals who 
were infected with COVID–19 and died from 
the virus). 
(2) APPLICATION OF STANDARDS.—To the ex-
tent practicable, data collection under this sub-
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section shall follow standards developed by the De-
partment of Health and Human Services Office of 
Minority Health and be collected, analyzed, and re-
ported in accordance with the standards promul-
gated by the Assistant Secretary for Planning and 
Evaluation under title XXXI of the Public Health 
Service Act (42 U.S.C. 300kk et seq.). 
(3) TIMELINE.—The data made available under 
this subsection shall be updated on a daily basis 
throughout the public health emergency. 
(4) PRIVACY.—In publishing data under this 
subsection, the Secretary shall take all necessary 
steps to protect the privacy of individuals whose in-
formation is included in such data, including— 
(A) complying with privacy protections 
provided under the regulations promulgated 
under section 264(c) of the Health Insurance 
Portability and Accountability Act of 1996; and 
(B) protections from all inappropriate in-
ternal use by an entity that collects, stores, or 
receives the data, including use of such data in 
determinations of eligibility (or continued eligi-
bility) in health plans, and from inappropriate 
uses. 
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(5) CONSULTATION WITH TRIBES.—The Indian 
Health Service shall consult with Indian Tribes and 
confer with urban Indian organizations on data col-
lection and reporting. 
(6) REPORT.—Not later than 60 days after the 
date on which the Secretary certifies that the public 
health emergency related to COVID–19 has ended, 
the Secretary shall make publicly available a sum-
mary of the final statistics related to COVID–19. 
(7) REPORT.—Not later than 60 days after the 
date on which the Secretary certifies that the public 
health emergency related to COVID–19 has ended, 
the Department of Health and Human Services shall 
compile and submit to the Committee on Health, 
Education, Labor, and Pensions and the Committee 
on Finance of the Senate and the Committee on En-
ergy and Commerce and the Committee on Ways 
and Means of the House of Representatives a pre-
liminary report— 
(A) describing the testing, hospitalization, 
mortality rates, and preferred language of pa-
tients associated with COVID–19 by race and 
ethnicity; and 
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(B) proposing evidenced-based response 
strategies to safeguard the health of these com-
munities in future pandemics. 
(d) COMMISSION
ON ENSURING HEALTH EQUITY 
DURING
THE
COVID–19 PUBLIC
HEALTH
EMER-
GENCY.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of enactment of this Act, the Secretary 
shall establish a commission, to be known as the 
‘‘Commission on Ensuring Health Equity During 
the COVID–19 Public Health Emergency’’ (referred 
to in this subsection as the ‘‘Commission’’) to pro-
vide clear and robust guidance on how to improve 
the collection, analysis, and use of demographic data 
in responding to future waves of the coronavirus. 
(2) MEMBERSHIP AND CHAIRPERSON.— 
(A) MEMBERSHIP.—The Commission shall 
be composed of— 
(i) the Director of the Centers for 
Disease Control and Prevention; 
(ii) the Director of the National Insti-
tutes of Health; 
(iii) the Commissioner of Food and 
Drugs; 
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(iv) the Administrator of the Federal 
Emergency Management Agency; 
(v) the Director of the National Insti-
tute on Minority Health and Health Dis-
parities; 
(vi) the Director of the Indian Health 
Service; 
(vii) the Administrator of the Centers 
for Medicare & Medicaid Services; 
(viii) the Director of the Agency for 
Healthcare Research and Quality; 
(ix) the Surgeon General; 
(x) the Administrator of the Health 
Resources and Services Administration; 
(xi) the Director of the Office of Mi-
nority Health; 
(xii) the Director of the Office of 
Women’s Health; 
(xiii) the Chairperson of the National 
Council on Disability; 
(xiv) at least 4 State, local, territorial, 
and Tribal public health officials rep-
resenting departments of public health, 
who shall represent jurisdictions from dif-
ferent regions of the United States with 
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relatively high concentrations of histori-
cally marginalized populations, to be ap-
pointed by the Secretary; and 
(xv) racially and ethnically diverse 
representation from at least 3 independent 
experts with knowledge or field experience 
with racial and ethnic disparities in public 
health appointed by the Secretary. 
(B) CHAIRPERSON.—The President of the 
National Academies of Sciences, Engineering, 
and Medicine, or designee, shall serve as the 
chairperson of the Commission. 
(3) DUTIES.—The Commission shall— 
(A) examine barriers to collecting, ana-
lyzing, and using demographic data; 
(B) determine how to best use such data 
to promote health equity across the United 
States and reduce racial, Tribal, and other de-
mographic disparities in COVID–19 prevalence 
and outcomes; 
(C) gather available data related to 
COVID–19 treatment of individuals with dis-
abilities, including denial of treatment for pre- 
existing conditions, removal or denial of dis-
ability related equipment (including ventilators 
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and CPAP), and data on completion of DNR 
orders, and identify barriers to obtaining accu-
rate and timely data related to COVID–19 
treatment of such individuals; 
(D) solicit input from public health offi-
cials, 
community-connected 
organizations, 
health care providers, State and local agency of-
ficials, and other experts on barriers to, and 
best practices for, collecting demographic data; 
and 
(E) recommend policy changes that the 
data indicates are necessary to reduce dispari-
ties. 
(4) REPORT.—Not later than 60 days after the 
date of enactment of this Act, and every 180 days 
thereafter until the Secretary certifies that the pub-
lic health emergency related to COVID–19 has 
ended, the Commission shall submit a written report 
of its findings and recommendations to Congress 
and post such report on a website of the Department 
of Health and Human Services. Such reports shall 
contain information concerning— 
(A) how to enhance State, local, territorial, 
and Tribal capacity to conduct public health re-
search on COVID–19, with a focus on expanded 
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capacity to analyze data on disparities cor-
related with race, ethnicity, income, sex, age, 
disability status, specific geographic areas, and 
other relevant demographic characteristics, and 
an analysis of what demographic data is cur-
rently being collected about COVID–19, the ac-
curacy of that data and any gaps, how this data 
is currently being used to inform efforts to com-
bat COVID–19, and what resources are needed 
to supplement existing public health data collec-
tion; 
(B) how to collect, process, and disclose to 
the public the data described in subparagraph 
(A) in a way that maintains individual privacy 
while helping direct the State and local re-
sponse to the virus; 
(C) how to improve demographic data col-
lection related to COVID–19 in the short- and 
long-term, including how to continue to grow 
and value the Tribal sovereignty of data and in-
formation concerning Tribal communities; 
(D) to the extent possible, a preliminary 
analysis of racial and other demographic dis-
parities in COVID–19 mortality, including an 
analysis of comorbidities and case fatality rates; 
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(E) to the extent possible, a preliminary 
analysis of sex, gender, sexual orientation, and 
gender identity disparities in COVID–19 treat-
ment and mortality; 
(F) an analysis of COVID–19 treatment of 
individuals with disabilities, including equity of 
access to treatment and equipment and inter-
sections of disability status with other demo-
graphic factors, including race, and rec-
ommendations for how to improve transparency 
and equity of treatment for such individuals 
during the COVID–19 public health emergency 
and future emergencies; 
(G) how to support State, local, and Tribal 
capacity to eliminate barriers to COVID–19 
testing and treatment; and 
(H) to the extent possible, a preliminary 
analysis of Federal Government policies that 
disparately exacerbate the COVID–19 impact, 
and recommendations to improve racial and 
other demographic disparities in health out-
comes. 
(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated such sums as 
may be necessary to carry out this subsection. 
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SEC. 102. COVID–19 REPORTING PORTAL. 
(a) IN GENERAL.—Not later than 15 days after the 
date of enactment of this Act, the Secretary of Health and 
Human Services (referred to in this section as the ‘‘Sec-
retary’’) shall establish and maintain an online portal for 
use by eligible health care entities to track and transmit 
data regarding their personal protective equipment and 
medical supply inventory and capacity related to COVID– 
19. 
(b) ELIGIBLE HEALTH CARE ENTITIES.—In this sec-
tion, the term ‘‘eligible health care entity’’ means a li-
censed acute care hospital, hospital system, or long-term 
care facility with confirmed cases of COVID–19. 
(c) SUBMISSION.—An eligible health care entity shall 
report using the portal under this section on a biweekly 
basis in order to assist the Secretary in tracking usage 
and need of COVID–related supplies and personnel in a 
regular and real-time manner. 
(d) INCLUDED INFORMATION.—The Secretary shall 
design the portal under this section to include information 
on personal protective equipment and medical supply in-
ventory and capacity related to COVID–19, including with 
respect to the following: 
(1) PERSONAL
PROTECTIVE
EQUIPMENT.— 
Total personal protective equipment inventory, in-
cluding, in units, the numbers of N95 masks and 
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authorized equivalent respirator masks, surgical 
masks, exam gloves, face shields, isolation gowns, 
and coveralls. 
(2) MEDICAL SUPPLY.— 
(A) Total ventilator inventory, including, in 
units, the number of universal, adult, pediatric, 
and infant ventilators. 
(B) Total diagnostic and serological test 
inventory, including, in units, the number of 
test platforms, tests, test kits, reagents, trans-
port media, swabs, and other materials or sup-
plies determined necessary by the Secretary. 
(3) CAPACITY.— 
(A) Case count measurements, including 
confirmed positive cases and persons under in-
vestigation. 
(B) Total number of staffed beds, includ-
ing medical surgical beds, intensive care beds, 
and critical care beds. 
(C) Available beds, including medical sur-
gical beds, intensive care beds, and critical care 
beds. 
(D) Total number of COVID–19 patients 
currently utilizing a ventilator. 
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(E) Average number of days a COVID–19 
patient is utilizing a ventilator. 
(F) Total number of additionally needed 
professionals in each of the following categories: 
intensivists, critical care physicians, respiratory 
therapists, registered nurses, certified registered 
nurse anesthetists, and laboratory personnel. 
(G) Total number of hospital personnel 
currently not working due to self-isolation fol-
lowing a known or presumed COVID–19 expo-
sure. 
(e) ACCESS TO INFORMATION RELATED TO INVEN-
TORY AND CAPACITY.—The Secretary shall ensure that 
relevant agencies and officials, including the Centers for 
Disease Control and Prevention, the Assistant Secretary 
for Preparedness and Response, and the Federal Emer-
gency Management Agency, have access to information re-
lated to inventory and capacity submitted under this sec-
tion. 
(f) WEEKLY REPORT TO CONGRESS.—On a weekly 
basis, the Secretary shall transmit information related to 
inventory and capacity submitted under this section to the 
appropriate committees of the House and Senate. 
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SEC. 103. REGULAR CDC REPORTING ON DEMOGRAPHIC 
DATA. 
Not later than 14 days after the date of enactment 
of this Act, the Secretary of Health and Human Services, 
in coordination with the Director of the Centers for Dis-
ease Control and Prevention, shall amend the reporting 
under the heading ‘‘Department of Health and Human 
Services—Office of the Secretary—Public Health and So-
cial Service Emergency Fund’’ in title I of division B of 
the Paycheck Protection Program and Health Care En-
hancement Act (Public Law 116–139; 134 Stat. 620, 626) 
on the demographic characteristics, including race, eth-
nicity (including breakdowns of major ethnic groups and 
Tribal affiliations within minority populations), age, sex, 
gender, geographic region, primary written and spoken 
language, disability status, sexual orientation, socio-
economic status, occupation, and other relevant factors of 
individuals tested for or diagnosed with COVID–19, to in-
clude— 
(1) providing technical assistance to State, 
local, Tribal, and territorial health departments to 
improve the collection and reporting of such demo-
graphic data; 
(2) if such data is not so collected or reported, 
the reason why the State, local, Tribal, or territorial 
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department of health has not been able to collect or 
provide such information; and 
(3) making a copy of such report available pub-
licly on the website of the Centers for Disease Con-
trol and Prevention. 
SEC. 104. AMENDMENT TO THE PUBLIC HEALTH SERVICE 
ACT. 
(a) PURPOSE.—It is the purpose of the amendment 
made by this section to promote data collection, analysis, 
and reporting by race, ethnicity, sex, primary language, 
sexual orientation, disability status, gender identity, age, 
and socioeconomic status among federally supported 
health programs. 
(b) AMENDMENT.—The Public Health Service Act is 
amended by adding at the end the following: 
‘‘TITLE XXXIV—STRENGTHENING 
DATA COLLECTION, IMPROV-
ING DATA ANALYSIS, AND EX-
PANDING DATA REPORTING 
‘‘SEC. 3400. HEALTH DISPARITY DATA. 
‘‘(a) REQUIREMENTS.— 
‘‘(1) IN
GENERAL.—Each health-related pro-
gram shall— 
‘‘(A) require the collection, by the agency 
or program involved, of data on the race, eth-
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nicity, sex, primary language, sexual orienta-
tion, disability status, gender identity, age, and 
socioeconomic status of each applicant for and 
recipient of health-related assistance under such 
program, including— 
‘‘(i) using, at a minimum, standards 
for data collection on race, ethnicity, sex, 
primary language, sexual orientation, gen-
der identity, age, socioeconomic status, and 
disability status as each are developed 
under section 3101; 
‘‘(ii) collecting data for additional 
population groups if such groups can be 
aggregated into the race and ethnicity cat-
egories outlined by standards developed 
under section 3101; 
‘‘(iii) using, where practicable, the 
standards developed by the Health and 
Medicine Division of the National Acad-
emies of Sciences, Engineering, and Medi-
cine (formerly known as the ‘Institute of 
Medicine’) in the 2009 publication, entitled 
‘Race, Ethnicity, and Language Data: 
Standardization for Health Care Quality 
Improvement’; and 
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‘‘(iv) where practicable, collecting 
such data through self-reporting; 
‘‘(B) with respect to the collection of the 
data described in subparagraph (A), for appli-
cants and recipients who are minors, require 
communication assistance in speech or writing, 
and for applicants and recipients who are other-
wise legally incapacitated, require that— 
‘‘(i) such data be collected from the 
parent or legal guardian of such an appli-
cant or recipient; and 
‘‘(ii) the primary language of the par-
ent or legal guardian of such an applicant 
or recipient be collected; 
‘‘(C) systematically analyze such data 
using the smallest appropriate units of analysis 
feasible to detect racial and ethnic disparities, 
as well as disparities along the lines of primary 
language, sex, disability status, sexual orienta-
tion, gender identity, age, and socioeconomic 
status in health and health care, and report the 
results of such analysis to the Secretary, the 
Director of the Office for Civil Rights, each 
agency listed in section 3101(c)(1), the Com-
mittee on Health, Education, Labor, and Pen-
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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; 
‘‘(D) provide such data to the Secretary on 
at least an annual basis; and 
‘‘(E) ensure that the provision of assist-
ance to an applicant or recipient of assistance 
is not denied or otherwise adversely affected be-
cause of the failure of the applicant or recipient 
to provide race, ethnicity, primary language, 
sex, sexual orientation, disability status, gender 
identity, age, and socioeconomic status data. 
‘‘(2) RULES
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed to— 
‘‘(A) permit the use of information col-
lected under this subsection in a manner that 
would adversely affect any individual providing 
any such information; or 
‘‘(B) diminish any requirements, including 
such requirements in effect on or after the date 
of enactment of this section, on health care pro-
viders to collect data. 
‘‘(3) NO COMPELLED DISCLOSURE OF DATA.— 
This title does not authorize any health care pro-
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vider, Federal official, or other entity to compel the 
disclosure of any data collected under this title. The 
disclosure of any such data by an individual pursu-
ant to this title shall be strictly voluntary. 
‘‘(b) PROTECTION OF DATA.—The Secretary shall 
ensure (through the promulgation of regulations or other-
wise) that all data collected pursuant to subsection (a) are 
protected— 
‘‘(1) under the same privacy protections as the 
Secretary applies to other health data under the reg-
ulations promulgated under section 264(c) of the 
Health Insurance Portability and Accountability Act 
of 1996 relating to the privacy of individually identi-
fiable 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 and linguis-
tically appropriate manner, to improve the collection, anal-
ysis, and reporting of racial, ethnic, sex, primary lan-
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guage, sexual orientation, disability status, gender iden-
tity, age, and socioeconomic status data at the Federal, 
State, territorial, Tribal, and local levels, including data 
to be collected under subsection (a), and to ensure that 
data collection activities carried out under this section are 
in compliance with standards developed under section 
3101. The Data Council of the Department of Health and 
Human Services, in consultation with the National Com-
mittee on Vital Health Statistics, the Office of Minority 
Health, Office on Women’s Health, and other appropriate 
public and private entities, shall make recommendations 
to the Secretary concerning the development, implementa-
tion, 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 knowledge among Federal agen-
cies, States, territories, Indian Tribes, counties, mu-
nicipalities, health providers, health plans, and the 
general public that data collection, analysis, and re-
porting by race, ethnicity, sex, primary language, 
sexual orientation, gender identity, age, socio-
economic status, and disability status is legal and 
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necessary to assure equity and nondiscrimination in 
the quality of health care services; 
‘‘(3) ensure that future patient record systems 
follow Federal standards promulgated under the 
Health Information Technology for Economic and 
Clinical Health Act for the collection and meaningful 
use of electronic health data on race, ethnicity, sex, 
primary language, sexual orientation, gender iden-
tity, age, socioeconomic status, and disability status; 
‘‘(4) improve health and health care data collec-
tion and analysis for more population groups if such 
groups can be aggregated into the minimum race 
and ethnicity categories, including exploring the fea-
sibility of enhancing collection efforts in States, 
counties, and municipalities for racial and ethnic 
groups that comprise a significant proportion of the 
population of the State, county, or municipality; 
‘‘(5) provide researchers with greater access to 
racial, ethnic, primary language, sex, sexual orienta-
tion, gender identity, age, socioeconomic status data, 
and disability status data, subject to all applicable 
privacy and confidentiality requirements, including 
HIPAA privacy and security law as defined in sec-
tion 3009; and 
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‘‘(6) safeguard and prevent the misuse of data 
collected under subsection (a). 
‘‘(d) COMPLIANCE WITH STANDARDS.—Data col-
lected under subsection (a) shall be obtained, maintained, 
and presented (including for reporting purposes) in ac-
cordance with standards developed under section 3101. 
‘‘(e) ANALYSIS OF HEALTH DISPARITY DATA.—The 
Secretary, acting through the Director of the Agency for 
Healthcare Research and Quality and in coordination with 
the Assistant Secretary for Planning and Evaluation, the 
Administrator of the Centers for Medicare & Medicaid 
Services, the Director of the National Center for Health 
Statistics, and the Director of the National Institutes of 
Health, shall provide technical assistance to agencies of 
the Department of Health and Human Services in meeting 
Federal standards for health disparity data collection and 
for analysis of racial, ethnic, and other disparities in 
health and health care in programs conducted or sup-
ported by such agencies 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; 
‘‘(3) developing new quality measures relating 
to racial and ethnic disparities and their overlap 
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with other disparity factors 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. 
‘‘(f) DEFINITIONS.—In this section— 
‘‘(1) the term ‘health-related program’ means a 
program that is operated by the Secretary, or that 
receives funding or reimbursement, in whole or in 
part, either directly or indirectly from the Sec-
retary— 
‘‘(A) for activities under the Social Secu-
rity Act for health care services; or 
‘‘(B) for providing Federal financial assist-
ance for health care, biomedical research, or 
health services research or for otherwise im-
proving the health of the public; 
‘‘(2) the term ‘primary language data’ includes 
spoken and written primary language data; and 
‘‘(3) the term ‘primary language data collection 
activities’ includes identifying, collecting, storing, 
tracking, and analyzing primary language data and 
information on the methods used to meet the lan-
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guage access needs of individuals with limited 
English proficiency. 
‘‘(g) 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 
2021 through 2025. 
‘‘SEC. 3401. ESTABLISHING GRANTS FOR DATA COLLECTION 
IMPROVEMENT ACTIVITIES. 
‘‘(a) IN GENERAL.—The Secretary, acting through 
the Director of the Agency for Healthcare Research and 
Quality and in consultation with the Deputy Assistant 
Secretary for Minority Health, the Director of the Na-
tional Institutes of Health, the Assistant Secretary for 
Planning and Evaluation, and the Director of the National 
Center for Health Statistics, shall establish a technical as-
sistance program under which the Secretary provides 
grants to eligible entities to assist such entities in com-
plying with section 3431. 
‘‘(b) TYPES
OF ASSISTANCE.—A grant provided 
under this section may be used to— 
‘‘(1) enhance or upgrade computer technology 
that will facilitate collection, analysis, and reporting 
of racial, ethnic, primary language, sexual orienta-
tion, sex, gender identity, socioeconomic status, and 
disability status data; 
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‘‘(2) improve methods for health data collection 
and analysis, including additional population groups 
if such groups can be aggregated into the race and 
ethnicity categories outlined by standards developed 
under section 3101; 
‘‘(3) develop mechanisms for submitting col-
lected data subject to any applicable privacy and 
confidentiality regulations; and 
‘‘(4) develop educational programs to inform 
health plans, health providers, health-related agen-
cies, and the general public that data collection and 
reporting by race, ethnicity, primary language, sex-
ual orientation, sex, gender identity, disability sta-
tus, and socioeconomic status are legal and essential 
for eliminating health and health care disparities. 
‘‘(c) ELIGIBLE ENTITY.—To be eligible for grants 
under this section, an entity shall be a State, territory, 
Indian Tribe, municipality, county, health provider, health 
care organization, or health plan making a demonstrated 
effort to bring data collections into compliance with sec-
tion 3431. 
‘‘(d) 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 
2021 through 2025. 
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‘‘SEC. 
3402. 
OVERSAMPLING 
OF 
UNDERREPRESENTED 
GROUPS IN FEDERAL HEALTH SURVEYS. 
‘‘(a) NATIONAL STRATEGY.— 
‘‘(1) IN
GENERAL.—The Secretary, acting 
through the Director of the National Center for 
Health Statistics of the Centers for Disease Control 
and Prevention, and other agencies within the De-
partment of Health and Human Services as the Sec-
retary determines appropriate, shall develop and im-
plement an ongoing and sustainable national strat-
egy for oversampling underrepresented populations 
within the categories of race, ethnicity, sex, primary 
language, sexual orientation, disability status, gen-
der identity, and socioeconomic status as determined 
appropriate by the Secretary in Federal health sur-
veys and program data collections. Such national 
strategy shall include a strategy for oversampling of 
Native Americans, Asian Americans, Native Hawai-
ians, and Pacific Islanders. 
‘‘(2) CONSULTATION.—In developing and imple-
menting a national strategy, as described in para-
graph (1), not later than 180 days after the date of 
the enactment of this section, the Secretary shall— 
‘‘(A) consult with representatives of com-
munity groups, nonprofit organizations, non-
governmental organizations, and government 
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agencies working with underrepresented popu-
lations; 
‘‘(B) solicit the participation of representa-
tives from other Federal departments and agen-
cies, including subagencies of the Department 
of Health and Human Services; and 
‘‘(C) consult on, and use as models, the 
2014 National Health Interview Survey over-
sample of Native Hawaiian and Pacific Islander 
populations and the 2017 Behavioral Risk Fac-
tor Surveillance System oversample of American 
Indian and Alaska Native communities. 
‘‘(b) PROGRESS REPORT.—Not later than 2 years 
after the date of the enactment of this section, the Sec-
retary shall submit to the Congress a progress report, 
which shall include the national strategy described in sub-
section (a)(1). 
‘‘(c) AUTHORIZATION
OF
APPROPRIATIONS.—To 
carry out this section, there are authorized to be appro-
priated such sums as may be necessary for fiscal years 
2021 through 2025.’’. 
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SEC. 105. ELIMINATION OF PREREQUISITE OF DIRECT AP-
PROPRIATIONS FOR DATA COLLECTION AND 
ANALYSIS. 
Section 3101 of the Public Health Service Act (42 
U.S.C. 300kk) is amended— 
(1) by striking subsection (h); and 
(2) by redesignating subsection (i) as subsection 
(h). 
SEC. 106. COLLECTION OF DATA FOR THE MEDICARE PRO-
GRAM. 
Part A of title XI of the Social Security Act (42 
U.S.C. 1301 et seq.) is amended by adding at the end 
the following: 
‘‘COLLECTION OF DATA FOR THE MEDICARE PROGRAM 
‘‘SEC. 1150C. 
‘‘(a) REQUIREMENT.— 
‘‘(1) IN GENERAL.—The Commissioner of So-
cial Security, in consultation with the Administrator 
of the Centers for Medicare & Medicaid Services, 
shall collect data on the race, ethnicity, sex, primary 
language, sexual orientation, gender identity, socio-
economic status, and disability status of all appli-
cants for Social Security benefits under title II or 
Medicare benefits under title XVIII. 
‘‘(2) DATA COLLECTION STANDARDS.—In col-
lecting data under paragraph (1), the Commissioner 
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of Social Security shall at least use the standards 
for data collection developed under section 3101 of 
the Public Health Service Act or the standards de-
veloped by the Office of Management and Budget, 
whichever is more disaggregated. In the event there 
are no standards for the demographic groups listed 
under paragraph (1), the Commissioner shall consult 
with stakeholder groups representing the various 
identities as well as with the Office of Minority 
Health within the Centers for Medicare & Medicaid 
Services to develop appropriate standards. 
‘‘(3) DATA
FOR
ADDITIONAL
POPULATION 
GROUPS.—Where practicable, the information col-
lected by the Commissioner of Social Security under 
paragraph (1) shall include data for additional popu-
lation groups if such groups can be aggregated into 
the race and ethnicity categories outlined by the 
data collection standards described in paragraph (2). 
‘‘(4) COLLECTION OF DATA FOR MINORS AND 
LEGALLY
INCAPACITATED
INDIVIDUALS.—With re-
spect to the collection of the data described in para-
graph (1) of applicants who are under 18 years of 
age or otherwise legally incapacitated, the Commis-
sioner of Social Security shall require that— 
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‘‘(A) such data be collected from the par-
ent or legal guardian of such an applicant; and 
‘‘(B) the primary language of the parent 
or legal guardian of such an applicant or recipi-
ent be used in collecting the data. 
‘‘(5) QUALITY OF DATA.—The Commissioner of 
Social Security shall periodically review the quality 
and completeness of the data collected under para-
graph (1) and make adjustments as necessary to im-
prove both. 
‘‘(6) TRANSMISSION
OF
DATA.—Upon enroll-
ment in Medicare benefits under title XVIII, the 
Commissioner of Social Security shall transmit an 
individual’s demographic data as collected under 
paragraph (1) to the Centers for Medicare and Med-
icaid Services. 
‘‘(7) ANALYSIS
AND
REPORTING
OF
DATA.— 
With respect to data transmitted under paragraph 
(5), the Administrator of the Centers for Medicare 
and Medicaid Services, in consultation with the 
Commissioner of Social Security shall— 
‘‘(A) require that such data be uniformly 
analyzed and that such analysis be reported at 
least annually to Congress; 
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‘‘(B) incorporate such data in other anal-
ysis and reporting on health disparities as ap-
propriate; 
‘‘(C) make such data available to research-
ers, under the protections outlined in paragraph 
(7); 
‘‘(D) provide opportunities to individuals 
enrolled in Medicare to submit updated data; 
and 
‘‘(E) ensure that the provision of assist-
ance or benefits to an applicant is not denied 
or otherwise adversely affected because of the 
failure of the applicant to provide any of the 
data collected under paragraph (1). 
‘‘(8) PROTECTION
OF
DATA.—The Commis-
sioner of Social Security shall ensure (through the 
promulgation of regulations or otherwise) that all 
data collected pursuant to subsection (a) is pro-
tected— 
‘‘(A) under the same privacy protections as 
the Secretary applies to health data under the 
regulations promulgated under section 264(c) of 
the Health Insurance Portability and Account-
ability Act of 1996 (relating to the privacy of 
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individually identifiable health information and 
other protections); and 
‘‘(B) from all inappropriate internal use by 
any entity that collects, stores, or receives the 
data, including use of such data in determina-
tions of eligibility (or continued eligibility) in 
health plans, and from other inappropriate 
uses, as defined by the Secretary. 
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to permit the use of information 
collected under this section in a manner that would ad-
versely affect any individual providing any such informa-
tion. 
‘‘(c) TECHNICAL ASSISTANCE.—The Secretary may, 
either directly or by grant or contract, provide technical 
assistance to enable any entity to comply with the require-
ments of this section or with regulations implementing this 
section. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$500 million for 2020 and $100 million for each fiscal 
year thereafter.’’. 
SEC. 107. REVISION OF HIPAA CLAIMS STANDARDS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Health and 
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Human Services shall revise the regulations promulgated 
under part C of title XI of the Social Security Act (42 
U.S.C. 1320d et seq.), relating to the collection of data 
on race, ethnicity, and primary language in a health-re-
lated transaction, to require— 
(1) the use, at a minimum, of standards for 
data collection on race, ethnicity, primary language, 
disability, sex, sexual orientation, gender identity, 
and socioeconomic status developed under section 
3101 of the Public Health Service Act (42 U.S.C. 
300kk); and 
(2) in consultation with the Office of the Na-
tional Coordinator for Health Information Tech-
nology, the designation of the appropriate racial, 
ethnic, primary language, disability, sex, and other 
code sets as required for claims and enrollment data. 
(b) DISSEMINATION.—The Secretary of Health and 
Human Services shall disseminate the new standards de-
veloped under subsection (a) to all entities that are subject 
to the regulations described in such subsection and provide 
technical assistance with respect to the collection of the 
data involved. 
(c) COMPLIANCE.—The Secretary of Health and 
Human Services shall require that entities comply with the 
new standards developed under subsection (a) not later 
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202 
ternal mortality and severe maternal mor-
bidity; 
(ii) to ensure, in developing and im-
plementing maternal safety bundles under 
subparagraph (A), that such maternal 
safety bundles— 
(I) satisfy the quality improve-
ment needs of a State or health care 
system by factoring in the results and 
findings of relevant data reviews, such 
as reviews conducted by a State ma-
ternal mortality review committee; 
and 
(II) address topics such as— 
(aa) obstetric hemorrhage; 
(bb) maternal mental health; 
(cc) the maternal venous 
system; 
(dd) 
obstetric 
care 
for 
women with substance use dis-
orders, including opioid use dis-
order; 
(ee) postpartum care basics 
for maternal safety; 
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203 
(ff) reduction of peripartum 
racial and ethnic disparities; 
(gg) reduction of primary 
caesarean birth; 
(hh) severe hypertension in 
pregnancy; 
(ii) severe maternal mor-
bidity reviews; 
(jj) support after a severe 
maternal morbidity event; 
(kk) thromboembolism; 
(ll) optimization of support 
for breastfeeding; and 
(mm) maternal oral health; 
and 
(iii) to provide ongoing technical as-
sistance at the national and State levels to 
support implementation of maternal safety 
bundles under subparagraph (A). 
(D) MATERNAL
SAFETY
BUNDLE
DE-
FINED.—For purposes of this subsection, the 
term ‘‘maternal safety bundle’’ means standard-
ized, evidence-informed processes for maternal 
health care. 
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