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42 U.S.C. § 247d–11State All Payer Claims Databases

submitted 82 years ago by Pub. L. 116-260 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 744 words · no verdicts yet

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The Secretary must give one-time grants to states to start or improve a State All Payer Claims Database. These databases collect medical, pharmacy, and dental claims data to track health costs and quality. States must protect the data's privacy and let researchers, employers, and others request access under set rules.

(a) In general. The Secretary must give one-time grants to eligible states for the purposes listed in subsection (b). (b) Uses. A state can use its grant for one of two things: (1) starting a State All Payer Claims Database, or (2) improving a database it already has. (c) Eligibility. To get a grant, a state must apply the way the Secretary requires. For a State All Payer Claims Database, the application must at least explain how the state will collect data uniformly and keep it private and secure. (d) Grant period and amount. Grants last 3 years and total $2,500,000. The state gets $1,000,000 in each of the first two years, and $500,000 in the third year. (e) Authorized users. (1) Application. Any group that wants access to a database funded by this section must apply. A group applying for research purposes must describe how it will use the data to evaluate health system performance, and — if applicable to its specific research plan — show that an institutional review board approved the research. A group like an employer, insurer, third-party administrator, or health care provider that wants access for quality improvement or cost-cutting must instead describe how it plans to use the data. (2) Requirements. If a research application is approved, the researcher must sign a data-use and confidentiality agreement with the database that bars trying to re-identify people or reveal individually identifiable health information and proprietary financial information. Employers and employer groups can ask for customized reports, at cost, following the section's privacy, security, and financial-information rules. The database must give all authorized users free, non-customized, aggregate data sets. (3) Waivers. The Secretary can waive these access requirements for a database that is substantially following them already. (f) Expanded access. (1) Multi-State applications. The Secretary can favor states whose applications show they will team up with other states' databases to create one shared application process across states. (2) Expansion of data sets. The Secretary can favor states whose applications show they will use the reporting format for self-insured group health plans described in section 1191d of title 29. (g) Definitions. (1) "Individually identifiable health information" means what it means in section 1320d(6) of this title. (2) "Proprietary financial information" means data that would reveal the specific contract terms between a health care provider or facility and a specific health plan, managed care entity, or insurer. (3) "State All Payer Claims Database" means a database, tied to a state, that can include medical, pharmacy, and dental claims, plus eligibility and provider files, gathered from private and public payers. (h) Authorization of appropriations. Congress can spend $50,000,000 in each of 2022 and 2023, and $25,000,000 in 2024, for this section — and that money stays available until it is spent.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Secretary shall make one-time grants to eligible States for the purposes described in subsection (b).

(b) Uses

A State may use a grant received under subsection (a) for one of the following purposes:

(1)

To establish a State All Payer Claims Database.

(2)

To improve an 1 existing State All Payer Claims Databases.1

(c) Eligibility

To be eligible to receive a grant under subsection (a), a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary specifies, including, with respect to a State All Payer Claims Database, at least specifics on how the State will ensure uniform data collection and the privacy and security of such data.

(d) Grant period and amount

Grants awarded under this section shall be for a period of 3-years,2 and in an amount of $2,500,000, of which $1,000,000 shall be made available to the State for each of the first 2 years of the grant period, and $500,000 shall be made available to the State for the third year of the grant period.

(e) Authorized users
(1) Application

An entity desiring authorization for access to a State All Payer Claims Database that has received a grant under this section shall submit to the State All Payer Claims Database an application for such access, which shall include—

(A)

in the case of an entity requesting access for research purposes—

(i)

a description of the uses and methodologies for evaluating health system performance using such data; and

(ii)

documentation of approval of the research by an institutional review board, if applicable for a particular plan of research; or

(B)

in the case of an entity such as an employer, health insurance issuer, third-party administrator, or health care provider, requesting access for the purpose of quality improvement or cost-containment, a description of the intended uses for such data.

(2) Requirements
(A) Access for research purposes

Upon approval of an application for research purposes under paragraph (1)(A), the authorized user shall enter into a data use and confidentiality agreement with the State All Payer Claims Database that has received a grant under this subsection, which shall include a prohibition on attempts to reidentify and disclose individually identifiable health information and proprietary financial information.

(B) Customized reports

Employers and employer organizations may request customized reports from a State All Payer Claims Database that has received a grant under this section, at cost, subject to the requirements of this section with respect to privacy, security, and proprietary financial information.

(C) Non-customized reports

A State All Payer Claims Database that has received a grant under this section shall make available to all authorized users aggregate data sets available through the State All Payer Claims Database, free of charge.

(3) Waivers

The Secretary may waive the requirements of this subsection of a State All Payer Claims Database to provide access of entities to such database if such State All Payer Claims Database is substantially in compliance with this subsection.

(f) Expanded access
(1) Multi-State applications

The Secretary may prioritize applications submitted by a State whose application demonstrates that the State will work with other State All Payer Claims Databases to establish a single application for access to data by authorized users across multiple States.

(2) Expansion of data sets

The Secretary may prioritize applications submitted by a State whose application demonstrates that the State will implement the reporting format for self-insured group health plans described in section 1191d of title 29.

(g) Definitions

In this section—

(1)

the term “individually identifiable health information” has the meaning given such term in section 1320d(6) of this title;

(2)

the term “proprietary financial information” means data that would disclose the terms of a specific contract between an individual health care provider or facility and a specific group health plan, managed care entity (as defined in section 1396u–2(a)(1)(B) of this title) or other managed care organization, or health insurance issuer offering group or individual health insurance coverage; and

(3)

the term “State All Payer Claims Database” means, with respect to a State, a database that may include medical claims, pharmacy claims, dental claims, and eligibility and provider files, which are collected from private and public payers.

(h) Authorization of appropriations

To carry out this section, there is authorized to be appropriated $50,000,000 for each of fiscal years 2022 and 2023, and $25,000,000 for fiscal year 2024, to remain available until expended.

Source credit: (July 1, 1944, ch. 373, title III, § 320B, as added Pub. L. 116–260, div. BB, title I, § 115(a), Dec. 27, 2020, 134 Stat. 2875.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 116-260 · 134 Stat. 2875

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-260 on 1944-07-01.

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