fect under subsection (b) in a time and manner 
specified by the entity and to ensure that such data-
base complies with the standard described in sub-
section (d)(2)(E). No State may receive an aggre-
gate of more than $10,000,000 with respect to all 
grants awarded to such State under this subsection, 
except that such limit shall not apply to grants 
awarded jointly to multiple States for the purposes 
of establishing regional all-payer claims databases. 
(2) ONE-TIME
HEALTH
DATA
INNOVATION 
GRANTS.—The Secretary may award each State a 
one-time health data innovation grant to allow such 
State to undertake activities relating to health data 
innovation that the Secretary determines to be of po-
tential national interest. 
(3) FUNDING.—There is authorized to be ap-
propriated $40,000,000 for each of fiscal years 2021 
through 2028 for the purpose of awarding grants to 
States under this subsection. Of amounts appro-
priated under the preceding sentence, not less than 
10 percent of such amounts shall be made available 
for grants described in paragraph (2). 
(i) EXEMPTION FROM PUBLIC DISCLOSURE.— 
(1) IN
GENERAL.—Data submitted to the 
health care claims database under subsection (d) 
VerDate Sep 11 2014 
03:47 Jan 06, 2023
Jkt 039200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H9644.IH
H9644
DMWilson on DSKJM0X7X2PROD with BILLS
shall not be considered public records and shall be 
exempt from any Federal law relating to public dis-
closure requirements. 
(2) RESTRICTIONS ON USES FOR CERTAIN PRO-
CEEDINGS.—Such data may not be subject to dis-
covery or admission as public information or evi-
dence in judicial or administrative proceedings with-
out the consent of the affected parties. 
(j) DEFINITIONS.—In this section: 
(1) HIPAA PRIVACY REGULATION.—The term 
‘‘HIPAA privacy regulation’’ has the meaning given 
such term in section 1180(b)(3) of the Social Secu-
rity Act (42 U.S.C. 1320d–9(b)(3)). 
(2) PHSA DEFINITIONS.—The terms ‘‘group 
health plan’’, ‘‘group health insurance coverage’’, 
‘‘health insurance issuer’’, and ‘‘individual health in-
surance coverage’’ have the meanings given such 
terms in section 2791 of the Public Health Service 
Act (42 U.S.C. 300gg–91). 
(3) PROTECTED HEALTH INFORMATION.—The 
term ‘‘protected health information’’ has the mean-
ing given such term in section 160.103 of title 45, 
Code of Federal Regulations (or any successor regu-
lations). 
VerDate Sep 11 2014 
03:47 Jan 06, 2023
Jkt 039200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H9644.IH
H9644
DMWilson on DSKJM0X7X2PROD with BILLS
(4) PROPRIETARY FINANCIAL INFORMATION.— 
The term ‘‘proprietary financial information’’— 
(A) means data that would disclose the 
terms of a specific contract between an indi-
vidual health care provider or facility and a spe-
cific group health plan, Medicaid managed care 
organization or other managed care entity, or 
health insurance issuer offering group or indi-
vidual health insurance coverage; and 
(B) does not include any billing or pay-
ment information from claims between such a 
provider or facility and such a health plan, 
managed care organization or other managed 
care entity, or health insurance issuer. 
(k) CONFORMING AMENDMENTS.— 
(1) PHSA.—Subpart II of part A of title 
XXVII of the Public Health Service Act (42 U.S.C. 
300gg–11 et seq.) is amended by adding at the end 
the following new section: 
‘‘SEC. 2730. HEALTH CARE CLAIMS DATABASE REPORTING 
REQUIREMENT. 
‘‘A group health plan and a health insurance issuer 
offering group or individual health insurance coverage 
shall comply with the provisions of section 1(d) of the Na-
tional All-Payer Claims Database Act of 2022.’’. 
VerDate Sep 11 2014 
03:47 Jan 06, 2023
Jkt 039200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H9644.IH
H9644
DMWilson on DSKJM0X7X2PROD with BILLS
(2) ERISA.— 
(A) IN GENERAL.—Subpart B of part 7 of 
subtitle B of title I of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1185 
et seq.) is amended by adding at the end the 
following new section: 
‘‘SEC. 716. HEALTH CARE CLAIMS DATABASE REPORTING 
REQUIREMENT. 
‘‘A group health plan and a health insurance issuer 
offering group health insurance coverage shall comply with 
the provisions of section 1(d) of the National All-Payer 
Claims Database Act of 2022.’’. 
(B) CLERICAL AMENDMENT.—The table of 
contents in section 1 of such Act is amended by 
inserting after the item relating to section 715 
the following new item: 
‘‘Sec. 716. Health care claims database reporting requirement.’’. 
(3) IRC.— 
(A) IN GENERAL.—Subchapter B of chap-
ter 100 of the Internal Revenue Code of 1986 
is amended by adding at the end the following 
new section: 
VerDate Sep 11 2014 
03:47 Jan 06, 2023
Jkt 039200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H9644.IH
H9644
DMWilson on DSKJM0X7X2PROD with BILLS
‘‘SEC. 9816. HEALTH CARE CLAIMS DATABASE REPORTING 
REQUIREMENT. 
‘‘A group health plan shall comply with the provisions 
of section 1(d) of the National All-Payer Claims Database 
Act of 2022.’’. 
(B) CLERICAL AMENDMENT.—The table of 
sections for such subchapter is amended by 
adding at the end the following new item: 
‘‘Sec. 9816. Health care claims database reporting requirement.’’. 
SEC. 3. STUDY AND REPORTS BY COMPTROLLER GENERAL. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study on— 
(1) the performance of each entity awarded a 
contract under subsection (b) of section 1; 
(2) the privacy and security of any data sub-
mitted to such entity under subsection (d) of such 
section; 
(3) the costs incurred by such entity in per-
forming duties under such a contract; 
(4) any barriers preventing States from access-
ing health claims data from Federal health care pro-
grams or self-insured group health plans that is nec-
essary to effectively oversee State markets; 
(5) the extent to which the Federal Government 
has access to health claims data; and 
VerDate Sep 11 2014 
03:47 Jan 06, 2023
Jkt 039200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H9644.IH
H9644
DMWilson on DSKJM0X7X2PROD with BILLS
(6) the extent to which health claims data is ef-
ficiently submitted to the national database estab-
lished by such entity and efficiently distributed by 
such entity to authorized users of such database. 
(b) REPORTS.—Not later than two years after the ef-
fective date of the first contract awarded under section 
1(b), and again not later than four years after such effec-
tive date, the Comptroller General of the United States 
shall submit to Congress a report containing the results 
of the study conducted under subsection (a), together with 
recommendations for such legislation and administrative 
action as the Comptroller General determines appropriate. 
Æ 
VerDate Sep 11 2014 
03:47 Jan 06, 2023
Jkt 039200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6301
E:\BILLS\H9644.IH
H9644
DMWilson on DSKJM0X7X2PROD with BILLS