tive beginning on January 1, 2010, an indi-
vidual who requests a copy of the individual’s 
individually identifiable health information pur-
suant to the HIPAA regulations referred to in 
subparagraph (A) shall be entitled to receive 
that information in electronic form capable of 
being imported into a QPHR, if such informa-
tion was maintained in electronic form by the 
entity from which the information is requested. 
(4) 
MESSAGE
STANDARDS.—The 
Secretary 
shall establish minimum standards to ensure the ob-
jectivity, accuracy and relevance of messages sent to 
individual patients under paragraph (1)(E) from a 
QPHR and to protect against the use of such mes-
sages by Fund partners for commercial solicitations 
or marketing. Such standards shall incorporate ex-
isting standards governing communications to con-
sumers established by the Food and Drug Adminis-
tration or other Federal agencies. 
(f) PHR INCENTIVE FUND.— 
(1) IN GENERAL.—The Secretary shall establish 
a PHR Incentive Fund (in this section referred to 
as the ‘‘PHR Incentive Fund’’ or ‘‘Fund’’). The 
Fund may receive contributions from Fund partners 
for the sole purpose of paying PHR incentives under 
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subsection (a), conducting annual studies under sub-
section (g), and otherwise carrying out the program. 
(2) FUNDING PARTNERS.— 
(A) IN
GENERAL.—The Secretary may 
enter into contracts with public or private pay-
ers, drug manufacturers, device manufacturers, 
or other public or private entities (in this sec-
tion referred to as ‘‘Fund partners’’) to allow 
the Fund to receive contributions in accordance 
with this subsection and other terms deter-
mined by the Secretary. 
(B) FEDERAL PARTNERS.—The Secretary 
shall seek the involvement and contributions of 
the Food and Drug Administration, the Centers 
for Disease Control and Prevention, the Agency 
for Healthcare Research and Quality, and the 
Department of Homeland Security to maximize 
the effectiveness of the QPHRs in meeting the 
health, national security, emergency response, 
biosurveillance, and research goals of the Fed-
eral government in a manner consistent with 
this Act. 
(C) PARTNER ACCOUNTS.—The Fund shall 
include an account for each Fund partner, in-
cluding Medicare, separately accounting for 
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each Fund partner’s contributions to the Fund. 
Incentive payments shall be debited from each 
account in accordance with this subsection. 
Amounts in the account of a Fund partner that 
are not paid in fiscal year remain available for 
payment from such account in the subsequent 
fiscal year. 
(D) CONTRIBUTION
LEVELS.—Contribu-
tion levels to the Fund by Fund partners shall 
be set annually by the Secretary, except that 
the contribution level for the first year shall be 
as follows: 
(i) MEDICARE
CONTRIBUTION.—The 
Secretary shall contribute $3 for each 
Medicare beneficiary for whom any PHR 
incentive payment is made during such 
year 
by 
transferring 
the 
appropriate 
amount from the Medicare trust funds 
under parts A and B of the Medicare pro-
gram, in such proportion as the Secretary 
may specify. 
(ii) 
FDA-MESSAGING
CONTRIBU-
TIONS.—Each manufacturer shall con-
tribute $3 for each qualifying patient for 
each medication adherence program for 
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which one or more messages are sent 
under subsection (e)(1)(E)(iii) in the year. 
(iii) OTHER
CONTRIBUTIONS.—Any 
other fund partner shall contribute $3 for 
each qualifying patient for whom a PHR 
incentive payment is made, except that the 
Secretary may establish other contribution 
levels for device manufacturers or other 
Fund partners that employ messages sent 
under subsection (e)(1)(D)(iii). 
(E) CHARGING
FUND
PARTNERS.—Each 
Fund partner’s account shall be debited accord-
ing to the same formula with which contribu-
tions were determined. In the event that a 
Fund partner’s account does not have a suffi-
cient balance to cover the Fund partner’s liabil-
ity, the Fund partner shall make a supple-
mental contribution to the Fund to cover the 
shortfall plus such penalty as the Secretary may 
assess. 
(F) LIMITATION ON BENEFITS.—Contribu-
tions by a Fund partner to the Fund shall con-
fer no preferential access to data or information 
or any other benefit to the partner other than 
public acknowledgment under paragraph (5) 
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and the ability to have messages sent to quali-
fying patients under subsection (e)(1)(D)(iii). 
(3) PUBLICATION OF FUND CONTRIBUTORS.— 
The Secretary shall publish on the official website of 
the Centers for Medicare & Medicaid Services a list 
of Fund partners that have contributed to the Fund. 
(g) ANNUAL STUDY.— 
(1) IN GENERAL.—The Secretary shall provide 
for an annual study to assess the level of patient en-
gagement in their QPHR, patients’ management of 
their health (including adherence to prescribed medi-
cations and recommended preventive care), changes 
in health outcomes, and cost savings resulting from 
implementation of the program. The study shall in-
clude collection of aggregate data documenting the 
number of qualifying patient, number and kind of 
messages sent to patients, the percentage of mes-
sages opened by patients, and other measures of the 
program’s effectiveness. 
(2) FUNDING.—There are available from the 
PHR Incentive Fund not to exceed $2,000,000 each 
year to pay for the annual study under paragraph 
(1). Amounts so used shall be debited from each 
Fund partner’s account on a pro-rata basis. 
Æ 
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