,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hdcf ,,in ,,the ,,house ,,of ,,representatives ,september #bi1 #bjbj,mr4 ,schiff 7for himself1 ,ms4 ,bass1 ,mr4 ,grijalva1 ,mr4 ,cooper1 ,mrs4 ,hayes1 ,mr4 ,khanna1 ,ms4 ,scanlon1 ,ms4 ,norton1 and ,ms4 ,lee of ,california7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to prohibit discrimination in health care and require the provision of equitable health care1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,equal ,health ,care for ,all ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,in #aiff1 ,martin ,luther ,king1 ,jr41 said1 ,of all the forms of inequality1 injustice in health care is the most shocking and inhuman because it often results in physical death44 7#b7 ,inequality in health care remains a persistent and devastating reality for many communities1 but1 in particular1 communities of color4 7#c7 ,unequal health care has complex causes1 many stemming from systemic inequality in access to health care1 housing1 nutrition1 economic opportunity1 education1 and other factors4 7#d7 ,health care outcomes for ,african-,american communities in particular lag far behind those of the population as a whole4 7#e7 ,dr4 ,anthony ,fauci1 director of the ,national ,institute of ,allergy and ,infectious ,diseases1 said on ,april #g1 #bjbj1 the coronavirus outbreak is shining a bright light on unacceptable health disparities in the ,african-,american community4 7#f7 ,a contributing factor in health disparities is explicit and implicit bias in the delivery of health care1 resulting in inferior care and poorer outcomes for some patients on the basis of race or ethnicity4 7#g7 ,the ,institute of ,medicine issued a report in #bjjb titled ,unequal ,treatment1 finding that racial and ethnic minorities receive lower-quality health care than ,whites do1 even when insurance status1 income1 age1 and severity of condition is comparable4 7#h7 ,just as ,congress has sought to eliminate bias1 both explicit and implicit1 in employment1 housing1 and other parts of our society1 the elimination of bias and the legacy of structural racism in health care is of paramount importance4 #c4 ,data collection and reporting 7a7 ,required reporting 7#a7 ,in general ,the ,secretary of ,health and ,human ,services1 in consultation with ,director of the ,national ,institutes of ,health1 the ,director of the ,centers for ,medicare ,medicaid ,services1 the ,director of the ,agency for ,healthcare ,research and ,quality1 the ,deputy ,assistant ,secretary for ,minority ,health1 and the ,director of the ,national ,center for ,health ,statistics1 shall by regulation require all health care providers and facilities that are required under other provisions of law to report data on health outcomes to the ,department of ,health and ,human ,services to disaggregate such data by demographic characteristics1 including by race1 ethnicity1 sex1 sexual orientation1 disability status1 gender identity1 age1 and any other factor that the ,secretary determines would be useful for determining a pattern of inequitable health care4 7#b7 ,proposed regulations ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall issue proposed regulations to carry out paragraph 7#a74 7b7 ,repository ,the ,secretary of ,health and ,human ,services shall-- 7#a7 not later than #a year after the date of enactment of this ,act1 establish a repository of the disaggregated data reported pursuant to subsection 7a72 7#b7 subject to paragraph 7#c71 make the data in such repository publicly available2 and 7#c7 ensure that such repository does not contain any data that is individually identifiable4 #d4 ,requiring equitable health care in the hospital value-based purchasing program 7a7 ,equitable health care as value measurement ,section #ahhf7;b77#c77;,b77viii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7b77#c77;,b77viii77 is amended by adding at the end the following new subclause3 7,,xiii7 7aa7 ,effective for payments beginning with fiscal year #bjbb1 in expanding the number of measures under subclause 7,,iii71 the ,secretary shall adopt measures that relate to equitable health care furnished by hospitals in inpatient settings4 7bb7 ,in carrying out this subclause1 the ,secretary shall solicit input and recommendations from individuals and groups representing communities of color and ensure measures adopted pursuant to this subclause account for social determinants of health care outcomes4 7cc7 ,for purposes of this subclause1 the term equitable health care refers to the principle that quality of care provided to an individual shall not vary on account of the real or perceived race1 ethnicity1 sex1 sexual orientation1 disability status1 gender identity1 or age of such individual4 4 7b7 ,inclusion of equitable health care measures ,section #ahhf7o77#b77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7o77#b77;,b77 is amended by adding at the end the following new clause3 7iv7 ,inclusion of equitable health care measures ,beginning in fiscal year #bjba1 measures selected under subparagraph 7,a7 shall include the equitable health care measures described under subsection 7b77#c77;,b77viii77,,xiii74 4 #e4 ,provision of inequitable health care as a basis for permissive exclusion from ,medicare and ,state health care programs ,section #aabh7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#g7;b77 is amended by adding at the end the following new paragraph3 7#ah7 ,provision of inequitable health care ,any individual or entity that the ,secretary determines has engaged in a pattern of providing inequitable health care 7as defined in section #g of the ,equality in ,health ,care for ,all ,act7 on the basis of race1 ethnicity1 sex1 sexual orientation1 disability status1 gender identity1 age1 or any other protected class4 4 #f4 ,office of ,civil ,rights and ,health ,equity of the ,department of ,health and ,human ,services 7a7 ,name of office ,the ,office for ,civil ,rights of the ,department of ,health and ,human ,services shall1 beginning on the date of enactment of this ,act1 be known as the ,office of ,civil ,rights and ,health ,equity4 ,any reference to the ,office for ,civil ,rights in any law1 regulation1 map1 document1 record1 or other paper of the ,united ,states shall be deemed to be a reference to the ,office of ,civil ,rights and ,health ,equity4 7b7 ,head of office ,the head of the ,office of ,civil ,rights and ,health ,equity shall be the ,assistant ,secretary for ,civil ,rights and ,health ,equity1 to be appointed by the ,president with advice and consent of the ,senate4 ,any reference to the head of the ,office for ,civil ,rights of the ,department of ,health and ,human ,services in any law1 regulation1 map1 document1 record1 or other paper of the ,united ,states shall be deemed to be a reference to the ,assistant ,secretary for ,civil ,rights and ,health ,equity4 #g4 ,prohibiting discrimination in health care 7a7 ,in general ,no health care provider or entity providing health care may1 on the basis of race1 ethnicity1 sex1 sexual orientation1 disability status1 gender identity1 age1 subject another to inequitable health care4 7b7 ,definition ,in this section1 the term inequitable health care means any service provided by a health care provider or entity providing health care that-- 7#a7 is discriminatory in intent or effect2 and 7#b7 results in a disparate outcome for an individual based at least in part on their membership in a protected class4 #h4 ,administrative complaint and conciliation process 7a7 ,complaints and answers 7#a7 ,in general ,an aggrieved person may1 not later than one year after an alleged violation of section #g has occurred or terminated1 file a complaint with the ,assistant ,secretary alleging discriminatory health care by a health care provider4 7#b7 ,complaint ,a complaint submitted pursuant to paragraph 7#a7 shall be in writing and shall contain such information and be in such form as the ,assistant ,secretary requires4 7#c7 ,procedure ,upon the filing of such a complaint-- 7,a7 the ,assistant ,secretary shall serve notice upon the aggrieved person acknowledging receipt of such filing and advising the aggrieved person of the time limits and procedures provided under this section and sections #i and #aj2 7,b7 the ,assistant ,secretary shall1 not later than #aj days after receipt of such filing serve on the respondent alleged to have provided discriminatory care a notice of the complaint and advise the provider of the procedural rights and obligations of respondents under this section and sections #i and #aj1 together with a copy of the original complaint2 7,c7 a respondent may file1 not later than #cj days after receipt of notice from the ,assistant ,secretary1 an answer to such complaint2 7,d7 the ,assistant ,secretary shall make an investigation of the alleged discriminatory health care practice and complete such investigation within #ajj days after the filing of the complaint1 unless it is impracticable to do so2 and 7,e7 the ,assistant ,secretary shall notify ,state licensing authorities with authority over the respondent of the complaint and provide a copy of the complaint and the final disposition of the complaint4 7#d7 ,investigation ,if the ,assistant ,secretary is unable to complete the investigation within #ajj days after the filing of the complaint 7or1 when the ,secretary takes further action under subsection 7f77#b7 with respect to a complaint1 within #ajj days after the commencement of such further action71 the ,assistant ,secretary shall notify the complainant and respondent in writing of the reasons for not doing so4 7#e7 ,oath or affirmation ,complaints and answers shall be under oath or affirmation1 and may be reasonably and fairly modified at any time4 7#f7 ,pattern of care ,in the course of investigating a complaint1 the ,assistant ,secretary may seek records of care provided to patients other than the complainant if necessary to demonstrate or disprove an allegation of inequitable health care4 7#g7 ,accounting for social determinants of health ,in investigating a complaint and reaching a determination1 the ,assistant ,secretary shall account for social determinants of health and their effect on health care outcomes4 7b7 ,investigative report and conciliation 7#a7 ,conciliation ,during the period beginning with the filing of such complaint and ending with the resolution of a complaint or a dismissal by the ,assistant ,secretary1 the ,assistant ,secretary shall1 to the extent feasible1 engage in conciliation with respect to such complaint4 7#b7 ,conciliation agreement ,a conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant1 and shall be subject to approval by the ,assistant ,secretary4 7#c7 ,rights protected ,the ,assistant ,secretary shall approve a conciliation agreement only if it protects the rights of the aggrieved person and other persons similarly situated4 7#d7 ,publicly available 7,a7 ,in general ,subject to subparagraph 7,b71 a redacted copy of a conciliation agreement entered into pursuant to this section shall be made available to the public unless the complainant and respondent otherwise agree1 and the ,secretary determines1 that disclosure is not required to further the purposes of this section4 7,b7 ,limitation ,a conciliation agreement that is made available to the public pursuant to subparagraph 7,a7 may not disclose personally identifiable information or individually identifiable health information4 7#e7 ,report 7,a7 ,final report ,at the end of each investigation under this section1 the ,assistant ,secretary shall prepare a final investigative report4 7,b7 ,modification of report ,a final report under this paragraph may be modified if additional evidence is later discovered4 7c7 ,failure ,to comply with conciliation agreement ,whenever the ,assistant ,secretary has reasonable cause to believe that a health care provider has breached a conciliation agreement1 the ,assistant ,secretary shall refer the matter to the ,attorney ,general for consideration of the filing of a civil action for the enforcement of such agreement4 7d7 ,prohibitions and requirements with respect to disclosure of information 7#a7 ,written consent for disclosure ,nothing said or done in the course of conciliation under this section may be made public or used as evidence in a subsequent proceeding under this section or section #i or #aj without the written consent of the persons concerned4 7#b7 ,investigation disclosures ,notwithstanding paragraph 7#a71 the ,assistant ,secretary shall make available to the aggrieved person and the respondent1 at any time1 upon request following completion of the ,assistant ,secretary's investigation1 information derived from an investigation and any final investigative report relating to that investigation4 7e7 ,prompt judicial action 7#a7 ,in general ,if the ,assistant ,secretary concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this section or section #i or #aj1 the ,assistant ,secretary may recommend that the ,attorney ,general promptly commence an action4 7#b7 ,immediate suit ,if the ,assistant ,secretary determines that the public interest would be served by allowing the complainant to bring a civil action in a ,state or ,federal court immediately1 the ,assistant ,secretary shall certify that the administrative process has concluded and that the complainant may file such a suit immediately4 7f7 ,annual report ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,assistant ,secretary shall make publicly available a report detailing the activities of the ,office under this section1 including-- 7#a7 the number of complaints filed and the basis on which they were filed2 7#b7 the number of investigations undertaken as a result of such complaints2 and 7#c7 the disposition of all investigations4 7g7 ,definitions ,in this section and sections #i and #aj3 7#a7 ,assistant ,secretary ,the term ,assistant ,secretary refers to the ,assistant ,secretary of ,health and ,human ,services for ,civil ,rights and ,health ,equity4 7#b7 ,aggrieved person ,the term aggrieved person means a person who believes that they were injured by a violation of section #g1 or the personal representative or estate of the deceased person4 7#c7 ,conciliation ,the term conciliation means the attempted resolution of issues raised by a complaint1 or by the investigation of such complaint1 through informal negotiations involving the aggrieved person1 the respondent1 and the ,secretary4 7#d7 ,conciliation agreement ,the term conciliation agreement means a written agreement setting forth the resolution of the issues in conciliation4 7#e7 ,individually identifiable health information ,the term individually identifiable health information means any information1 including demographic information collected from an individual1 that-- 7,a7 is created or received by a health care provider1 health plan1 employer1 or health care clearinghouse2 and 7,b7 relates to the past1 present1 or future physical or mental health or condition of an individual1 the provision of health care to an individual1 or the past1 present1 or future payment for the provision of health care to an individual1 and-- 7i7 identifies the individual2 or 7ii7 with respect to which there is a reasonable basis to believe that the information can be used to identify the individual4 7#f7 ,inequitable health care ,the term inequitable health care has the meaning given the term under section #g4 7#g7 ,personally identifiable information ,the term personally identifiable information has the meaning given such term under the regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif4 7#h7 ,respondent ,the term respondent means the person or other entity accused in a complaint of a violation of section #g4 #i4 ,enforcement by private persons 7a7 ,in general 7#a7 ,civil action 7,a7 ,in suit ,an aggrieved person may commence a civil action to obtain appropriate relief with respect to an alleged violation of section #g or an enforcement action for breach of a conciliation agreement in an appropriate ,united ,states district court or ,state court-- 7i7 not later than #b years after the occurrence or termination of the alleged violation2 and 7ii7 not sooner than the earlier of the conclusion of the administrative process and #ahj days after the alleged violation4 7,b7 ,statute of limitations ,the computation of such #b-year period shall not include any time during which an administrative proceeding under section #h was pending with respect to a complaint under such section4 7#b7 ,barring suit ,if the ,assistant ,secretary has obtained a conciliation agreement with the consent of an aggrieved person1 no action may be filed under this subsection by such aggrieved person with respect to the alleged violation of section #g except for the purpose of enforcing the terms of such an agreement4 7b7 ,relief which may be granted 7#a7 ,in general ,in a civil action under subsection 7a71 if the court finds that a violation of section #g or breach of a conciliation agreement has occurred1 the court may award to the plaintiff actual and punitive damages1 and may grant as relief1 as the court deems appropriate1 any permanent or temporary injunction1 temporary restraining order1 or other order 7including an order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be appropriate74 7#b7 ,fees and costs ,in a civil action under subsection 7a71 the court1 in its discretion1 may allow the prevailing party1 other than the ,united ,states1 a reasonable attorney's fee and costs4 ,the ,united ,states shall be liable for such fees and costs to the same extent as a private person4 7c7 ,intervention by ,attorney ,general ,upon timely application1 the ,attorney ,general may intervene in such civil action1 if the ,attorney ,general certifies that the case is of general public importance4 #aj4 ,enforcement by the ,attorney ,general 7a7 ,pattern or practice cases ,whenever the ,attorney ,general has reasonable cause to believe that any person or entity is engaged in a pattern or practice that denies the rights specified in section #g and such denial raises an issue of general public importance1 the ,attorney ,general may commence a civil action in any appropriate ,united ,states district court4 7b7 ,consultation ,the ,assistant ,secretary may determine1 based on a pattern of complaints1 a pattern of violations1 a review of data reported by a health care provider1 or any others mean1 that there is reasonable cause to believe a health care provider is engaged in a pattern or practice that denies the rights specified in section #g4 ,if the ,assistant ,secretary makes such a determination1 they shall refer their findings to the ,attorney ,general4 7c7 ,enforcement of subpoenas ,the ,attorney ,general1 on behalf of the ,assistant ,secretary1 or other party at whose request a subpoena is issued1 under this section1 may enforce such subpoena in appropriate proceedings in the ,united ,states district court for the district in which the person to whom the subpoena was addressed resides1 was served1 or transacts business4 7d7 ,relief which may be granted in civil actions under subsections 7a7 and 7b7 7#a7 ,in general ,in a civil action under subsection 7a7 or 7b71 the court-- 7,a7 may award such preventive relief1 including a permanent or temporary injunction1 restraining order1 or other order against the person responsible for a violation of section #g as is necessary to assure the full enjoyment of the rights granted by this section and sections #h and #i2 7,b7 may award such other relief as the court deems appropriate1 including monetary damages to persons aggrieved2 and 7,c7 may1 to vindicate the public interest1 assess a civil penalty against the respondent-- 7i7 in an amount not exceeding #ejj1jjj1 for a first violation2 and 7ii7 in an amount not exceeding #a1jjj1jjj1 for any subsequent violation4 7#b7 ,fees and costs ,in a civil action under this section1 the court1 in its discretion1 may allow the prevailing party1 other than the ,united ,states1 a reasonable attorney's fee and costs4 ,the ,united ,states shall be liable for such fees and costs to the extent provided by section #bdab of title #bh1 ,united ,states ,code4 7e7 ,intervention in civil actions ,upon timely application1 any person may intervene in a civil action commenced by the ,attorney ,general under subsection 7a7 or 7b7 which involves an alleged violation of section #g with respect to which such person is an aggrieved person or a conciliation agreement to which such person is a party4 #aa4 ,federal ,health ,equity ,commission 7a7 ,establishment of ,commission 7#a7 ,in general ,there is established the ,federal ,health ,equity ,commission 7hereinafter in this section referred to as the ,commission74 7#b7 ,membership ,the ,commission shall be composed of #h members4 ,not more than #d of the members shall at any one time be of the same political party4 ,members shall have recognized expertise in and personal experience with racial and ethnic health disparities1 health care needs of vulnerable and marginalized populations1 and health equity as a vehicle for improving health status and health outcomes4 ,members shall be appointed to the commission as follows3 7,a7 ,four members of the ,commission shall be appointed by the ,president4 7,b7 ,two members of the ,commission shall be appointed by the ,president pro tempore of the ,senate1 upon the recommendations of the majority leader and the minority leader of the ,senate1 and of the members appointed pursuant to this subparagraph not more than one shall be appointed from the same political party4 7,c7 ,two members of the ,commission shall be appointed by the ,speaker of the ,house of ,representatives upon the recommendations of the majority leader and the minority leader of the ,house of ,representatives1 and of the members appointed pursuant to this subparagraph not more than one shall be appointed from the same political party4 7#c7 ,terms ,the term of office of each member of the ,commission shall be #f years4 7#d7 ,chairperson2 ,vice ,chairperson 7,a7 ,chairperson ,the ,president shall1 with the concurrence of a majority of the ,commission's members1 designate a ,chairperson from among the ,commission's members4 7,b7 ,vice ,chairperson 7i7 ,designation ,the ,speaker of the ,house of ,representatives shall1 in consultation with the majority leader and the minority leader of the ,house of ,representatives and with the concurrence of a majority of the ,commission's members1 designate a ,vice ,chairperson from among the ,commission's members4 ,the ,vice ,chairperson may not be a member of the same political party as the ,chairperson4 7ii7 ,duty ,the ,vice ,chairperson shall act in place of the ,chairperson in the absence of the ,chairperson4 7#e7 ,removal of members ,the ,president may remove a member of the ,commission only for neglect of duty or malfeasance in office4 7#f7 ,quorum ,five members of the ,commission constitute a quorum of the ,commission4 7#g7 ,ex-officio members ,in addition to the members appointed under paragraph 7#b71 the ,commission shall have the following nonvoting ex officio members3 7,a7 ,the ,assistant ,secretary for ,civil ,rights and ,health ,equity of the ,department of ,health and ,human ,services4 7,b7 ,the ,deputy ,assistant ,secretary for ,minority ,health of the ,department of ,health and ,human ,services4 7,c7 ,the ,director of the ,national ,institute for ,minority ,health and ,health ,disparities4 7,d7 ,the ,chairperson of the ,advisory ,committee on ,minority ,health established under section #agjg of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjju-#f74 7b7 ,duties of the ,commission 7#a7 ,in general ,the ,commission shall-- 7,a7 monitor and report on the implementation of the ,equality in ,health ,care for ,all ,act2 and 7,b7 investigate1 monitor1 and report on progress towards health equity and the elimination of health disparities4 7#b7 ,annual report ,the ,commission shall-- 7,a7 submit to the ,president and ,congress at least one report annually on health equity and health disparities2 and 7,b7 include in such report-- 7i7 a description of actions taken by the ,department of ,health and ,human ,services and any other ,federal agency related to health equity or health disparities2 and 7ii7 recommendations on ensuring equal health care and eliminating health disparities4 7#c7 ,hearings and ,authorities 7,a7 ,power to hold hearings ,the ,commission may1 for the purpose of carrying out this section1 hold such hearings as the ,commission deems advisable4 ,each member of the ,commission shall have the power to administer oaths and affirmations in connection with the proceedings of the ,commission4 ,the ,commission may hold a hearing only if the hearing is approved by a majority of the ,commission1 or by a majority of the members present at a meeting when a quorum is present4 7,b7 ,power to issue subpoenas ,the ,commission may issue subpoenas for the attendance of witnesses and the production of written or other matter4 7,c7 ,witness fees ,a witness attending any proceeding of the ,commission shall be paid the same fees and mileage that are paid witnesses in the courts of the ,united ,states4 7,d7 ,depositions and interrogatories ,the ,commission may use depositions and written interrogatories to obtain information and testimony about matters that are the subject of a ,commission hearing or report4 7c7 ,administrative ,provisions 7#a7 ,staff 7,a7 ,director ,there shall be a full-time staff director for the ,commission who shall-- 7i7 serve as the administrative head of the ,commission2 and 7ii7 be appointed by the ,chairperson with the concurrence of the ,vice ,chairperson4 7,b7 ,other personnel ,the ,commission may-- 7i7 appoint such other personnel as it deems advisable1 subject to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and the provisions of chapter #ea and subchapter ,,iii of chapter #ec of that title relating to classification and ,general ,schedule pay rates2 and 7ii7 may procure temporary and intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code1 at rates for individuals not in excess of the daily equivalent paid for positions at the maximum rate for ,,gs-#ae of the ,general ,schedule under section #eccb of title #e1 ,united ,states ,code4 7#b7 ,compensation of members 7,a7 ,in general ,each member of the ,commission who is not otherwise in the service of the ,government of the ,united ,states shall receive a sum equivalent to the compensation paid at level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code1 prorated on a daily basis for time spent in the work of the ,commission4 7,b7 ,persons otherwise in government service ,each member of the ,commission who is otherwise in the service of the ,government of the ,united ,states shall serve without compensation in addition to that received for such other service1 but while engaged in the work of the ,commission shall be paid actual travel expenses and per diem in lieu of subsistence expenses when away from such member's usual place of residence1 under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7#c7 ,rules ,the ,commission may make such rules as are necessary to carry out the purposes of this section4 7#d7 ,cooperation ,all ,federal agencies shall cooperate fully with the ,commission to the end that it may effectively carry out its functions and duties4 7d7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out the duties of the ,commission for each of fiscal years #bjba through #bjbe4 #ab4 ,grants for hospitals to promote equitable health care and outcomes 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary7 shall award grants to hospitals to promote equitable health care and reduce disparities in care and outcomes4 7b7 ,consultation ,in establishing the criteria for grants under this section and evaluating applications for such grants1 the ,secretary shall consult with the ,assistant ,secretary for ,civil ,rights and ,health ,equity of the ,department of ,health and ,human ,services4 7c7 ,use of funds ,a hospital shall use funds received from a grant under this section to establish or expand programs to provide equal care to all patients and to ensure equitable health care outcomes4 ,such uses may include-- 7#a7 providing explicit and implicit bias training to medical providers and staff2 7#b7 providing translation or interpretation services for patients2 7#c7 recruiting and training a diverse workforce2 7#d7 tracking data related to care and outcomes2 and 7#e7 training on cultural sensitivity4 7d7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to hospitals that have received disproportionate share hospital payments under section #ahhf7r7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7 or section #aibe of such ,act 7#db ,u4,s4,c4 #acifr-#f7 with respect to fiscal year #bjbj4 7e7 ,supplement1 not supplant ,grants awarded under this section shall be used to supplement1 not supplant1 any other ,federal funds provided to a recipient4 7f7 ,equitable health care defined ,the term equitable health care has the meaning given the term in section #ahhf7;b77#c77;,b77viii77,,xiii77cc7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7b77#c77;,b77viii77,,xiii77cc771 as amended by this ,act4 7g7 ,authorization of appropriations ,to carry out this section1 there are authorized to be appropriated such sums as may be necessary for fiscal years #bjba through #bjbf4