42 U.S.C. § 300hh–33 (THE PUBLIC HEALTH AND WELFARE)
§ 300hh–33. Public health data system modernization
(a) Expanding CDC and public health department capabilities
(1) In general
The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall—
(A) conduct activities to expand, modernize, improve, and sustain applicable public health data systems used by the Centers for Disease Control and Prevention, including with respect to the interoperability and improvement of such systems (including as it relates to preparedness for, prevention and detection of, and response to public health emergencies); and
(B) award grants or cooperative agreements to State, local, Tribal, or territorial public health departments for the expansion and modernization of public health data systems, to assist public health departments and public health laboratories in—
(i) assessing current data infrastructure capabilities and gaps to—
(I) improve and increase consistency in data collection, storage, and analysis; and
(II) as appropriate, improve dissemination of public health-related information;
(ii) improving secure public health data collection, transmission, exchange, maintenance, and analysis, including with respect to demographic data, as appropriate;
(iii) improving the secure exchange of data between the Centers for Disease Control and Prevention, State, local, Tribal, and territorial public health departments, public health laboratories, public health organizations, and health care providers, including by public health officials in multiple jurisdictions within such State, as appropriate, and by simplifying and supporting reporting by health care providers, as applicable, pursuant to State law, including through the use of health information technology;
(iv) enhancing the interoperability of public health data systems (including systems created or accessed by public health departments) with health information technology, including with health information technology certified under section 300jj–11(c)(5) of this title;
(v) supporting and training data systems, data science, and informatics personnel;
(vi) supporting earlier disease and health condition detection, such as through near real-time data monitoring, to support rapid public health responses;
(vii) supporting activities within the applicable jurisdiction related to the expansion and modernization of electronic case reporting; and
(viii) developing and disseminating information related to the use and importance of public health data.
(2) Data standards
In carrying out paragraph (1), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, as appropriate and in consultation with the Office of the National Coordinator for Health Information Technology, designate data and technology standards (including standards for interoperability) for public health data systems, with deference given to standards published by consensus-based standards development organizations with public input and voluntary consensus-based standards bodies.
(3) Public-private partnerships
The Secretary may develop and utilize public-private partnerships for technical assistance, training, and related implementation support for State, local, Tribal, and territorial public health departments, and the Centers for Disease Control and Prevention, on the expansion and modernization of electronic case reporting and public health data systems, as applicable.
(b) Requirements
(1) Health information technology standards
The Secretary may not award a grant or cooperative agreement under subsection (a)(1)(B) unless the applicant uses or agrees to use standards endorsed by the National Coordinator for Health Information Technology pursuant to section 300jj–11(c)(1) of this title or adopted by the Secretary under section 300jj–14 of this title.
(2) Waiver
The Secretary may waive the requirement under paragraph (1) with respect to an applicant if the Secretary determines that the activities under subsection (a)(1)(B) cannot otherwise be carried out within the applicable jurisdiction.
(3) Application
A State, local, Tribal, or territorial health department applying for a grant or cooperative agreement under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall include information describing—
(A) the activities that will be supported by the grant or cooperative agreement; and
(B) how the modernization of the public health data systems involved will support or impact the public health infrastructure of the health department, including a description of remaining gaps, if any, and the actions needed to address such gaps.
(c) Strategy and implementation plan
Not later than 180 days after December 27, 2020, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a coordinated strategy and an accompanying implementation plan that identifies and demonstrates the measures the Secretary will utilize to—
(1) update and improve applicable public health data systems used by the Centers for Disease Control and Prevention; and
(2) carry out the activities described in this section to support the improvement of State, local, Tribal, and territorial public health data systems.
(d) Consultation
The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall consult with State, local, Tribal, and territorial health departments, professional medical and public health associations, associations representing hospitals or other health care entities, health information technology experts, and other appropriate public or private entities regarding the plan and grant program to modernize public health data systems pursuant to this section. Activities under this subsection may include the provision of technical assistance and training related to the exchange of information by such public health data systems used by relevant health care and public health entities at the local, State, Federal, Tribal, and territorial levels, and the development and utilization of public-private partnerships for implementation support applicable to this section.
(e) Report to Congress
Not later than 1 year after December 27, 2020, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives that includes—
(1) a description of any barriers to—
(A) public health authorities implementing interoperable public health data systems and electronic case reporting;
(B) the exchange of information pursuant to electronic case reporting;
(C) reporting by health care providers using such public health data systems, as appropriate, and pursuant to State law; or
(D) improving demographic data collection or analysis;
(2) an assessment of the potential public health impact of implementing electronic case reporting and interoperable public health data systems; and
(3) a description of the activities carried out pursuant to this section.
(f) Electronic case reporting
In this section, the term “electronic case reporting” means the automated identification, generation, and bilateral exchange of reports of health events among electronic health record or health information technology systems and public health authorities.
(g) Authorization of appropriations
To carry out this section, there are authorized to be appropriated $100,000,000 for each of fiscal years 2021 through 2025.
(July 1, 1944, ch. 373, title XXVII, § 2823, as added Pub. L. 116–260, div. BB, title III, § 314, Dec. 27, 2020, 134 Stat. 2929.)