,,ii #aahth ,,congress #ast ,session ,s4 #cede ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ad1 #bjbc,mr4 ,kaine 7for himself1 ,mr4 ,murphy1 and ,ms4 ,smith7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,public ,health ,service ,act with respect to public health data accessibility1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,improving ,data ,accessibility ,through ,advancements in ,public ,health ,act or the ,improving ,,data in ,public ,health ,act4 #b4 ,supporting public health data availability and access 7a7 ,designation of public health data standards ,section #bhbc7;a77#b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;hh-#cc7;a77#b77 is amended by adding at the end the following3 7,d7 ,selection of data and technology standards ,the standards designated as described in subparagraph 7,a7 may include standards to improve-- 7i7 the exchange of electronic health information for-- 7,i7 electronic case reporting2 7,,ii7 syndromic surveillance2 7,,iii7 reporting of vital statistics2 and 7,,iv7 reporting test orders and results electronically1 including from laboratories2 7ii7 automated electronic reporting to relevant public health data systems of the ,centers for ,disease ,control and ,prevention2 and 7iii7 such other uses as the ,secretary determines appropriate4 7,e7 ,considerations ,standards designated under this paragraph shall include standards and implementation specifications necessary to ensure the appropriate capture1 exchange1 access1 and use of information regarding race1 ethnicity1 sex 7including sexual orientation and gender identity71 disability status1 veteran status1 housing status1 age1 functional status1 and other elements4 4 7b7 ,improving information sharing and availability of public health data ,section #caj;,b of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdbu7 is amended to read as follows3 #caj;,b4 ,improving information sharing and availability of public health data 7a7 ,in general ,the ,secretary acting through the ,director of the ,centers for ,disease ,control and ,prevention 7in this section referred to as the ,secretary7 may require the reporting of public health and health care data and information to the ,centers for ,disease ,control and ,prevention by-- 7#a7 health care providers and facilities1 including pharmacies2 7#b7 public health1 clinical1 and other laboratories and diagnostic testing entities2 7#c7 ,state1 local1 and ,tribal health departments2 and 7#d7 other entities1 as determined appropriate by the ,secretary4 7b7 ,content1 form1 manner1 and frequency 7#a7 ,collaboration ,the ,secretary shall collaborate with representatives of ,state1 local1 and ,tribal health departments and other entities on determining the content1 form1 manner1 and frequency of the reporting of public health and health care data and information required pursuant to subsection 7a74 7#b7 ,simultaneous reporting ,in determining the content1 form1 manner1 and frequency of the reporting of public health and health care data and information pursuant to subsection 7a71 where a disease1 condition1 or related event is reportable under applicable ,state or local law1 the ,secretary shall require the data and information to be reported first or simultaneously to the appropriate ,state or local jurisdiction4 7#c7 ,alignment with standards and implementation specifications ,the content1 form1 manner1 and frequency requirements required pursuant to this section shall align with the standards and implementation specifications adopted by the ,secretary under section #cjjd1 where applicable4 7#d7 ,reasonable efforts to limit reporting ,the ,secretary shall make reasonable efforts to limit the public health and health care data and information required to be reported under this section to the minimum necessary to accomplish the intended public health purpose4 7#e7 ,implementation and regulations ,the ,secretary-- 7,a7 may promulgate by regulation the content1 form1 manner1 and frequency in which public health and health care data and information is required to be reported under this section2 and 7,b7 in the event of a public health emergency declared under section #cai1 or where the ,secretary determines there is a significant potential for such an emergency to exist1 may issue such requirements-- 7i7 by guidance in accordance with this section2 and 7ii7 without regard to the procedures otherwise required by section #eec of title #e1 ,united ,states ,code4 7c7 ,ensuring that data is accessible in a timely manner to ,state1 local1 and ,tribal health authorities 7#a7 ,collaboration ,the ,secretary shall collaborate with representatives of ,state1 local1 and ,tribal health departments1 and entities representing such departments1 to ensure that data and information that is collected by the ,centers for ,disease ,control and ,prevention pursuant to this section are accessible1 as appropriate1 in a timely manner1 to ,state1 local1 and ,tribal health authorities4 7#b7 ,rules of construction ,nothing in this section shall be construed-- 7,a7 to prevent any ,federal agency1 ,state1 local1 or ,tribal health department1 or other entity from collecting data or information under other applicable law2 or 7,b7 to limit the authority of the ,centers for ,disease ,control and ,prevention to share public health surveillance data with ,state1 local1 or ,tribal health authorities4 7#c7 ,reasonable efforts to reduce reporting burdens and potential duplication ,the ,secretary shall make reasonable efforts to collaborate with representatives of ,federal agencies and ,state1 local1 and ,tribal health departments to reduce reporting burdens and potential duplication of reporting requirements4 ,such efforts may include ensuring simultaneous sharing of data and information described in subsection 7b7 with ,state1 local1 and ,tribal public health authorities4 7d7 ,confidentiality and protection of data ,any identifiable1 sensitive information reported to the ,centers for ,disease ,control and ,prevention pursuant to this section shall not be further disclosed or provided to any other individual or party1 including any party involved in civil1 criminal1 or administrative litigation1 except-- 7#a7 as necessary for public health purposes1 including with relevant ,federal1 ,state1 local1 or tribal public health authorities2 7#b7 as required under section #eeb;a7d77#a7 of title #e1 ,united ,states ,code2 7#c7 as required by applicable ,federal laws1 excluding instances of disclosure in any ,federal1 ,state1 or local civil1 criminal1 administrative1 legislative1 or other proceeding2 or 7#d7 with the consent of each individual to whom the information pertains4 7e7 ,exemption of certain public health data from disclosure ,the ,secretary may exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code1 public health and health care data and information collected by the ,centers for ,disease ,control and ,prevention pursuant to this section or any other authority under which the ,centers collects public health or health care data and information if-- 7#a7 an individual is identified through such data or information2 or 7#b7 there is at least a very small risk1 as determined by current scientific practices or statistical methods1 that some combination of the data or information1 the request for disclosure under such section #eeb7;b77#c71 and other available data sources or the application of technology could be used to deduce the identity of the individuals to which such data or information pertains4 4 7c7 ,public ,health ,information ,sharing and ,availability ,advisory ,committee ,part ,a of title ,,iii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bda et seq47 is amended by adding at the end the following3 #caj;,c4 ,public ,health ,information ,sharing and ,availability ,advisory ,committee 7a7 ,establishment ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall establish an advisory committee1 to be known as the ,public ,health ,information ,sharing and ,availability ,advisory ,committee1 to advise1 and make recommendations to1 the ,director with respect to the implementation of public health and health care data and information reporting and sharing under section #caj;,b4 7b7 ,membership ,the membership of the advisory committee established pursuant to this section shall include-- 7#a7 individuals with subject matter expertise or experience in the following areas of public health and health care data and information1 including-- 7,a7 ,state1 territorial1 local1 and ,tribal health department data systems or practices2 and 7,b7 health care data2 7#b7 ex officio members1 including from relevant ,federal agencies such as the ,office of the ,national ,coordinator for ,health ,information ,technology1 the ,centers for ,medicare ,medicaid ,services1 the ,centers for ,disease ,control and ,prevention1 and the ,office of the ,assistant ,secretary for ,health2 7#c7 representatives of national organizations1 including the ,council of ,state and ,territorial ,epidemiologists1 the ,association of ,public ,health ,laboratories1 the ,association of ,state and ,territorial ,health ,officials1 the ,national ,association of ,county and ,city ,health ,officials1 and the ,big ,cities ,health ,coalition2 and 7#d7 such additional members as the ,secretary determines appropriate4 7c7 ,,faca applicability ,the advisory committee established pursuant to this section is deemed to be an advisory committee subject to the ,federal ,advisory ,committee ,act4 4 7d7 ,improving public health data collection 7#a7 ,in general ,the ,secretary of ,health and ,human ,services 7referred to in this subsection as the ,secretary7 shall award grants1 contracts1 or cooperative agreements to eligible entities for purposes of identifying1 developing1 or disseminating best practices in the collection of electronic health information and the use of designated data standards and implementation specifications-- 7,a7 to improve the quality and completeness of data1 including demographic data1 collected1 accessed1 or used for public health purposes2 and 7,b7 to address health disparities and related health outcomes4 7#b7 ,eligible entities ,to be eligible to receive an award under this subsection an entity shall-- 7,a7 be a health care provider1 academic medical center1 community-based organization1 ,state1 local governmental entity1 ,indian ,tribe or ,tribal organization 7as such terms are defined in section #d of the ,indian ,self ,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd771 ,urban ,indian organization 7as defined in section #d of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afjc771 or other appropriate public or private nonprofit entity1 or a consortia of any such entities2 and 7,b7 submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7#c7 ,activities ,entities receiving awards under this subsection shall use such award to develop and test best practices for training health care providers to use standards and implementation specifications that assist in the capture1 access1 exchange1 and use of electronic health information1 including demographic information1 disability status1 veteran status1 housing status1 functional status1 and other data elements4 ,such activities shall1 at a minimum1 include-- 7,a7 improving1 understanding1 and using data standards and implementation specifications2 7,b7 developing or identifying methods to improve communication with patients in a culturally and linguistically appropriate manner1 including to better capture information related to demographics of such individuals2 7,c7 developing methods for accurately categorizing and recording patient responses using available data standards2 7,d7 educating providers regarding the utility of such information for public health purposes and the importance of accurate collection and recording of such data2 and 7,e7 other activities1 as the ,secretary determines appropriate4 7#d7 ,reporting 7,a7 ,reporting by award recipients ,each recipient of an award under this subsection shall submit to the ,secretary a report on the results of best practices identified1 developed1 or disseminated through such award4 7,b7 ,report to ,congress ,not later than #a year after the completion of the program under this subsection1 the ,secretary shall submit a report to ,congress on the success of the best practices developed under such program1 opportunities for further dissemination of such best practices1 and recommendations for improving the capture1 access1 exchange1 and use of information to improve public health and reduce health disparities4 7#e7 ,nonduplication of efforts ,the ,secretary shall ensure that the activities and programs carried out under this subsection are free of unnecessary duplication of effort4 7#f7 ,authorization of appropriations ,there is authorized to be appropriated #aj1jjj1jjj for each of fiscal years #bjbd through #bjbf to carry out this subsection4 7e7 ,information collection ,section #cai;,d7a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#d7;a77 is amended by adding at the end the following3 7#e7 ,information collection ,subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code1 shall not apply to information collection by the ,centers for ,disease ,control and ,prevention1 including the ,agency for ,toxic ,substances and ,disease ,registry1 that are part of investigations1 research1 surveillance1 or evaluations undertaken for public health purposes under any available authority4 4