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42 U.S.C. § 254c–14Telehealth network and telehealth resource centers grant programs

submitted 82 years ago by Pub. L. 107-251 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 2,190 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law funds telehealth network and telehealth resource center grants. The Secretary awards money to rural and underserved health providers using telehealth technology. It sets rules on who qualifies, what preferences apply, and what the money can and can't pay for.

(a) Definitions. "Director" and "Office" mean the Director and the Office for the Advancement of Telehealth described in (c). "Federally qualified health center" and "rural health clinic" mean what those terms mean in section 1395x(aa). "Frontier community" has the meaning given in regulations issued under subsection (r) of this section. "Medically underserved area" has the meaning given to "medically underserved community" in section 295p(6). "Medically underserved population" has the meaning given in section 254b(b)(3). "Telehealth services" means services delivered through telehealth technologies. "Telehealth technologies" means electronic information and telecommunications technology used to support and promote health care, patient and provider education, health administration, and public health at a distance. (b) The Secretary must set up, under section 241, a telehealth network grant program and a telehealth resource centers grant program. (c) Administration. (1) HRSA gets a new Office for the Advancement of Telehealth, led by a Director. (2) The Director runs these two grant programs, working with state offices of rural health, state primary care offices, or other appropriate state agencies. (d) Grants. (1) Telehealth network grants: the Director may fund eligible entities for evidence-based projects that use telehealth technology, through telehealth networks, in rural areas, frontier communities, and medically underserved areas, and for medically underserved populations — to expand, coordinate, and improve access to and the quality of health care, and to expand and improve the health information available to providers, patients, and families. (2) Telehealth resource centers grants: the Director may fund eligible entities for projects supporting telehealth initiatives in those same areas, communities, and populations. (e) The Director may award grants under this section for up to 5 years. (f) Eligible entities. (1) To get a network grant under (d)(1), an entity must show it will deliver services through a telehealth network. (2) Entities in the network can be nonprofit or for-profit. (3) The network must include at least 2 of the following, and at least one must be a community-based health care provider: community or migrant health centers or other federally qualified health centers; private-practice health care providers, including pharmacists; clinics, including rural health clinics; local health departments; nonprofit hospitals, including community access hospitals; other publicly funded health or social service agencies; long-term care providers; home health care providers; outpatient mental health and substance use disorder providers and facilities; local or regional emergency care providers; institutions of higher education; dental clinics; and providers of prenatal, labor, birthing, and postpartum care, including hospitals with obstetric units. (g) Applications. To get a grant under (d), an applicant — working with the state office of rural health or another appropriate state entity — must submit an application including: a description of the project; how it will meet the health care needs of the population served and improve their access to and quality of care; evidence of local support and how the community will be involved; a plan to sustain the project after federal funding ends; the source and amount of non-federal funds being contributed; evidence of the project's long-term viability and the applicant's institutional commitment; for network projects, how the project will help integrate telehealth into providers' operations, avoid duplication, and improve access and quality; and any other information the Secretary wants. (h) Preferences. (1) For network grants, the Secretary favors applicants that meet at least one of: being a rural or other community-based organization; planning to use the funds to build networks providing mental health care, public health services, long-term care, home care, preventive care, case management, or prenatal, labor, birthing, or postpartum care; showing how the project will coordinate with other federally funded projects serving the same population; including in the network an entity that provides clinical or educational health services and that is a public library, a college or university, or a local government entity; or proposing a project that boosts local and regional connectivity. (2) For resource center grants, the Secretary favors applicants that meet at least one of: a record of successfully providing telehealth to rural areas, underserved areas, or underserved populations; a demonstrated record of collaborating and sharing expertise with other telehealth providers at any level of government; or a record of offering a broad range of telehealth services, such as clinical specialties, patient and family education, provider education, and rural residency support. (i) Distribution of funds. (1) The Director must, as much as possible, spread these grants equitably across the country's geographic regions. (2) For network grants in a given year, at least 50% of the money must fund projects in rural areas. (j) Use of funds. (1) Network grant recipients may use the money for salaries, equipment, and operating costs, including: developing and delivering clinical telehealth services in rural, frontier, or underserved areas or for underserved populations; developing or buying equipment for the network; developing and providing distance education, or mentoring, precepting, or supervising providers and students, to improve access to care in those same areas and populations; developing or buying instructional programming; transmitting medical data, maintaining equipment, and paying (including travel costs for) specialists and referring providers delivering telehealth through the network, if no third party will pay for those services; developing projects that use telehealth to help providers work together; collecting and analyzing usage data to show cost-effectiveness; and other activities the Secretary approves as consistent with the section's goals. (2) Resource center grant recipients may use the money for salaries, equipment, and operating costs for: technical assistance, training, support, and travel for providers and organizations delivering or planning to deliver telehealth; sharing information and research about telehealth; promoting cooperation among resource centers and the Office; evaluating the best ways to use telehealth technology; integrating clinical information systems with telehealth technology; promoting consumer health education through telehealth; and carrying out special projects or studies directed by the Office. (k) Prohibited uses. Grant money under this section can't be used to: buy real property; buy or lease equipment beyond 20% of the total grant; for network projects, buy or install transmission equipment; pay for equipment or transmission costs unrelated to the grant's purpose; buy or install general-purpose voice telephone systems; pay for construction; or pay indirect costs beyond 15% of the total grant. (l) Collaboration. Where possible, a grantee must work with other organizations — public or private, and receiving federal or state assistance, or running centers or programs that receive such assistance — that provide telehealth services or related activities. (m) The Secretary must coordinate these grant programs, as much as practical, with similar federal and state agency and nonprofit programs, to make the best use of public money. (n) The Secretary must set up outreach procedures in every state to tell potential telehealth users in rural areas, frontier communities, and underserved areas and populations about these grant programs. (o) It is the sense of Congress that states should make reciprocity agreements. Under such an agreement, a licensed provider in one state who consults, via telehealth, with a licensed provider in another state would be exempt — for that consultation — from any law in the second state that would otherwise ban the consultation just because the first provider isn't licensed in that second state. (p) No later than 4 years after March 27, 2020, and every 5 years after that, the Secretary must report to the Senate HELP Committee and the House Energy and Commerce Committee on this section's grant activities and outcomes. (q) Congress authorized $29,000,000 for each of fiscal years 2021 through 2025 to carry out this section.
the actual law source: uscode.house.gov ↗public domain
(a) Definitions

In this section:

(1) Director; Office

The terms “Director” and “Office” mean the Director and Office specified in subsection (c).

(2) Federally qualified health center and rural health clinic

The term “Federally qualified health center” and “rural health clinic” have the meanings given the terms in section 1395x(aa) of this title.

(3) Frontier community

The term “frontier community” shall have the meaning given the term in regulations issued under subsection (r).

(4) Medically underserved area

The term “medically underserved area” has the meaning given the term “medically underserved community” in section 295p(6) of this title.

(5) Medically underserved population

The term “medically underserved population” has the meaning given the term in section 254b(b)(3) of this title.

(6) Telehealth services

The term “telehealth services” means services provided through telehealth technologies.

(7) Telehealth technologies

The term “telehealth technologies” means technologies relating to the use of electronic information, and telecommunications technologies, to support and promote, at a distance, health care, patient and professional health-related education, health administration, and public health.

(b) Programs

The Secretary shall establish, under section 241 of this title, telehealth network and telehealth resource centers grant programs.

(c) Administration
(1) Establishment

There is established in the Health Resources and Services Administration an Office for the Advancement of Telehealth. The Office shall be headed by a Director.

(2) Duties

The telehealth network and telehealth resource centers grant programs established under section 241 of this title shall be administered by the Director, in consultation with the State offices of rural health, State offices concerning primary care, or other appropriate State government entities.

(d) Grants
(1) Telehealth network grants

The Director may, in carrying out the telehealth network grant program referred to in subsection (b), award grants to eligible entities for evidence-based projects that utilize telehealth technologies through telehealth networks in rural areas, frontier communities, and medically underserved areas, and for medically underserved populations, to—

(A)

expand access to, coordinate, and improve access to, and the quality of, health care services; and

(B)

expand and improve the quality of health information available to health care providers,,1 patients, and their families.

(2) Telehealth resource centers grants

The Director may, in carrying out the telehealth resource centers grant program referred to in subsection (b), award grants to eligible entities for projects to support initiatives that utilize telehealth technologies in the areas and communities, and for the populations, described in paragraph (1).

(e) Grant periods

The Director may award grants under this section for periods of not more than 5 years.

(f) Eligible entities
(1) In general

To be eligible to receive a grant under subsection (d)(1), an entity shall demonstrate that the entity will provide services through a telehealth network.

(2) Nature of entities

Each entity participating in the telehealth network may be a nonprofit or for-profit entity.

(3) Composition of network

The telehealth network shall include at least 2 of the following entities (at least 1 of which shall be a community-based health care provider):

(A)

Community or migrant health centers or other Federally qualified health centers.

(B)

Health care providers, including pharmacists, in private practice.

(C)

Entities operating clinics, including rural health clinics.

(D)

Local health departments.

(E)

Nonprofit hospitals, including community access hospitals.

(F)

Other publicly funded health or social service agencies.

(G)

Long-term care providers.

(H)

Providers of health care services in the home.

(I)

Providers of outpatient mental health and substance use disorder services and entities operating outpatient mental health and substance use disorder facilities.

(J)

Local or regional emergency health care providers.

(K)

Institutions of higher education.

(L)

Entities operating dental clinics.

(M)

Providers of prenatal, labor care, birthing, and postpartum care services, including hospitals that operate obstetric care units.

(g) Applications

To be eligible to receive a grant under subsection (d), an eligible entity, in consultation with the appropriate State office of rural health or another appropriate State entity, shall prepare and submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including—

(1)

a description of the project that the eligible entity will carry out using the funds provided under the grant;

(2)

a description of the manner in which the project funded under the grant will meet the health care needs of rural or other populations to be served through the project, and improve the access to services of, and the quality of the services received by, those populations;

(3)

evidence of local support for the project, and a description of how the areas, communities, or populations to be served will be involved in the development and ongoing operations of the project;

(4)

a plan for sustaining the project after Federal support for the project has ended;

(5)

information on the source and amount of non-Federal funds that the entity will provide for the project;

(6)

information demonstrating the long-term viability of the project, and other evidence of institutional commitment of the entity to the project;

(7)

in the case of an application for a project involving a telehealth network, information demonstrating how the project will promote the integration of telehealth technologies into the operations of health care providers, to avoid redundancy, and improve access to and the quality of care; and

(8)

other such information as the Secretary determines to be appropriate.

(h) Preferences
(1) Telehealth networks

In awarding grants under subsection (d)(1) for projects involving telehealth networks, the Secretary shall give preference to an eligible entity that meets at least 1 of the following requirements:

(A) Organization

The eligible entity is a rural community-based organization or another community-based organization.

(B) Services

The eligible entity proposes to use Federal funds made available through such a grant to develop plans for, or to establish, telehealth networks that provide mental health care, public health services, long-term care, home care, preventive care, case management services, prenatal care, labor care, birthing care, or postpartum care.

(C) Coordination

The eligible entity demonstrates how the project to be carried out under the grant will be coordinated with other relevant federally funded projects in the areas, communities, and populations to be served through the grant.

(D) Network

The eligible entity demonstrates that the project involves a telehealth network that includes an entity that—

(i)

provides clinical health care services, or educational services for health care providers and for patients or their families; and

(ii)

is—

(I)

a public library;

(II)

an institution of higher education; or

(III)

a local government entity.

(E) Connectivity

The eligible entity proposes a project that promotes local and regional connectivity within areas, communities, or populations to be served through the project.

(2) Telehealth resource centers

In awarding grants under subsection (d)(2) for projects involving telehealth resource centers, the Secretary shall give preference to an eligible entity that meets at least 1 of the following requirements:

(A) Provision of services

The eligible entity has a record of success in the provision of telehealth services to rural areas, medically underserved areas, or medically underserved populations.

(B) Collaboration and sharing of expertise

The eligible entity has a demonstrated record of collaborating and sharing expertise with providers of telehealth services at the national, regional, State, and local levels.

(C) Broad range of telehealth services

The eligible entity has a record of providing a broad range of telehealth services, which may include—

(i)

a variety of clinical specialty services;

(ii)

patient or family education;

(iii)

health care professional education; and

(iv)

rural residency support programs.

(i) Distribution of funds
(1) In general

In awarding grants under this section, the Director shall ensure, to the greatest extent possible, that such grants are equitably distributed among the geographical regions of the United States.

(2) Telehealth networks

In awarding grants under subsection (d)(1) for a fiscal year, the Director shall ensure that not less than 50 percent of the funds awarded shall be awarded for projects in rural areas.

(j) Use of funds
(1) Telehealth network program

The recipient of a grant under subsection (d)(1) may use funds received through such grant for salaries, equipment, and operating or other costs, including the cost of—

(A)

developing and delivering clinical telehealth services that enhance access to community-based health care services in rural areas, frontier communities, or medically underserved areas, or for medically underserved populations;

(B)

developing and acquiring, through lease or purchase, equipment that furthers the objectives of the telehealth network grant program;

(C)
(i)

developing and providing distance education, in a manner that enhances access to care in rural areas, frontier communities, or medically underserved areas, or for medically underserved populations; or

(ii)

mentoring, precepting, or supervising health care providers and students seeking to become health care providers, in a manner that enhances access to care in the areas and communities, or for the populations, described in clause (i);

(D)

developing and acquiring instructional programming;

(E)
(i)

providing for transmission of medical data, and maintenance of equipment; and

(ii)

providing for compensation (including travel expenses) of specialists, and referring health care providers, who are providing telehealth services through the telehealth network, if no third party payment is available for the telehealth services delivered through the telehealth network;

(F)

developing projects to use telehealth technology to facilitate collaboration between health care providers;

(G)

collecting and analyzing usage statistics and data to document the cost-effectiveness of the telehealth services; and

(H)

carrying out such other activities as are consistent with achieving the objectives of this section, as determined by the Secretary.

(2) Telehealth resource centers

The recipient of a grant under subsection (d)(2) may use funds received through such grant for salaries, equipment, and operating or other costs for—

(A)

providing technical assistance, training, and support, and providing for travel expenses, for health care providers and a range of health care entities that provide or will provide telehealth services;

(B)

disseminating information and research findings related to telehealth services;

(C)

promoting effective collaboration among telehealth resource centers and the Office;

(D)

conducting evaluations to determine the best utilization of telehealth technologies to meet health care needs;

(E)

promoting the integration of the technologies used in clinical information systems with other telehealth technologies;

(F)

fostering the use of telehealth technologies to provide health care information and education for consumers in a more effective manner; and

(G)

implementing special projects or studies under the direction of the Office.

(k) Prohibited uses of funds

An entity that receives a grant under this section may not use funds made available through the grant—

(1)

to acquire real property;

(2)

for expenditures to purchase or lease equipment, to the extent that the expenditures would exceed 20 percent of the total grant funds;

(3)

in the case of a project involving a telehealth network, to purchase or install transmission equipment;

(4)

to pay for any equipment or transmission costs not directly related to the purposes for which the grant is awarded;

(5)

to purchase or install general purpose voice telephone systems;

(6)

for construction; or

(7)

for expenditures for indirect costs (as determined by the Secretary), to the extent that the expenditures would exceed 15 percent of the total grant funds.

(l) Collaboration

In providing services under this section, an eligible entity shall collaborate, if feasible, with entities that—

(1)
(A)

are private or public organizations, that receive Federal or State assistance; or

(B)

are public or private entities that operate centers, or carry out programs, that receive Federal or State assistance; and

(2)

provide telehealth services or related activities.

(m) Coordination with other agencies

The Secretary shall coordinate activities carried out under grant programs described in subsection (b), to the extent practicable, with Federal and State agencies and nonprofit organizations that are operating similar programs, to maximize the effect of public dollars in funding meritorious proposals.

(n) Outreach activities

The Secretary shall establish and implement procedures to carry out outreach activities to advise potential end users of telehealth services in rural areas, frontier communities, medically underserved areas, and medically underserved populations in each State about the grant programs described in subsection (b).

(o) Telehealth

It is the sense of Congress that, for purposes of this section, States should develop reciprocity agreements so that a provider of services under this section who is a licensed or otherwise authorized health care provider under the law of 1 or more States, and who, through telehealth technology, consults with a licensed or otherwise authorized health care provider in another State, is exempt, with respect to such consultation, from any State law of the other State that prohibits such consultation on the basis that the first health care provider is not a licensed or authorized health care provider under the law of that State.

(p) Report

Not later than 4 years after March 27, 2020, and every 5 years thereafter, the Secretary shall prepare and 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 report on the activities and outcomes of the grant programs under subsection (b).

(q) Authorization of appropriations

There are authorized to be appropriated to carry out this section $29,000,000 for each of fiscal years 2021 through 2025.

Source credit: (July 1, 1944, ch. 373, title III, § 330I, as added Pub. L. 107–251, title II, § 212, Oct. 26, 2002, 116 Stat. 1632; amended Pub. L. 108–163, § 2(c), Dec. 6, 2003, 117 Stat. 2021; Pub. L. 113–55, title I, § 103(a), Nov. 27, 2013, 127 Stat. 642; Pub. L. 116–136, div. A, title III, § 3212, Mar. 27, 2020, 134 Stat. 368; Pub. L. 117–103, div. P, title I, § 143, Mar. 15, 2022, 136 Stat. 799.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 107-251 · 116 Stat. 1632
  • 2003Amended · Pub. L. 108-163 · 117 Stat. 2021
  • 2013Amended · Pub. L. 113-55 · 127 Stat. 642
  • 2020Amended · Pub. L. 116-136 · 134 Stat. 368
  • 2022Amended · Pub. L. 117-103 · 136 Stat. 799

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-251 on 1944-07-01.

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