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42 U.S.C. § 299b–5Health care practice and technology innovation

submitted 82 years ago by Pub. L. 106-129 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 595 words · no verdicts yet

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The Director must promote new evidence-based health care practices and technologies through research and training. The Director must publish how the Agency assesses these practices, and may fund outside groups to do assessments. The Director must also report on best practices for examining victims of assault or abuse.

(a) In general. The Director must promote innovation in evidence-based health care practices and technologies by: (1) Researching how health care technology is developed, spreads, and gets used. (2) Developing, testing, and sharing methods for assessing health care practices and technologies. (3) Doing in-house assessments and funding outside assessments of both existing and new health care practices and technologies. (4) Supporting education, training, and technical help on how to use these assessment methods and their results. (5) Working with the National Library of Medicine and public and private groups to build an electronic clearinghouse of assessments — finished and in progress. (b) Specification of process (1) In general. By December 31, 2000, the Director must publish a description of the methods the Agency and its contractors use to assess health care practices and technology. (2) Consultations. In doing this, the Director must work with the Assistant Secretary for Health, the head of the Centers for Medicare & Medicaid Services, the Director of the National Institutes of Health, the Commissioner of Food and Drugs, and other interested federal agencies, and seek input from professional societies and other private and public groups where appropriate. (3) Methodology. In building these methods, the Director must consider: (A) Safety, efficacy, and effectiveness. (B) Legal, social, and ethical effects. (C) Costs, benefits, and cost-effectiveness. (D) Comparisons to alternative practices and technologies. (E) What FDA approval already requires, to avoid duplicating work. (c) Specific assessments (1) In general. The Director must conduct or support specific assessments of health care technologies and practices. (2) Requests for assessments. The Director may do paid assessments for the Centers for Medicare & Medicaid Services, the Department of Defense, the Department of Veterans Affairs, the Office of Personnel Management, and other public or private groups. (3) Grants and contracts. Besides doing assessments directly, the Director may give grants or make agreements or contracts with eligible entities to assess experimental, emerging, existing, or outdated health care technologies, and for related work. (4) Eligible entities. An eligible entity is any group the Director decides is appropriate — academic medical centers, research institutions, professional organizations, third-party payers, government agencies, minority higher-education institutions (like Historically Black Colleges and Universities and Hispanic-serving institutions), and consortia of research groups formed to do technology assessments. (d) Medical examination of certain victims (1) In general. The Director must develop and share a report on evidence-based clinical practices for: (A) Examining and treating victims or attempted victims of sexual assault, including child molestation. (B) Training health professionals — working with the Health Resources and Services Administration — to do medical evidentiary exams for victims of child abuse or neglect, sexual assault, elder abuse, or domestic violence. (2) Certain considerations. In deciding what the report should cover, the Director must, as much as practical, consider the expertise of federal and state law enforcement officials who deal with these victims, and of other relevant public and private groups such as medical societies, victim services organizations, sexual assault prevention groups, and social services organizations.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Director shall promote innovation in evidence-based health care practices and technologies by—

(1)

conducting and supporting research on the development, diffusion, and use of health care technology;

(2)

developing, evaluating, and disseminating methodologies for assessments of health care practices and technologies;

(3)

conducting intramural and supporting extramural assessments of existing and new health care practices and technologies;

(4)

promoting education and training and providing technical assistance in the use of health care practice and technology assessment methodologies and results; and

(5)

working with the National Library of Medicine and the public and private sector to develop an electronic clearinghouse of currently available assessments and those in progress.

(b) Specification of process
(1) In general

Not later than December 31, 2000, the Director shall develop and publish a description of the methods used by the Agency and its contractors for health care practice and technology assessment.

(2) Consultations

In carrying out this subsection, the Director shall cooperate and consult with the Assistant Secretary for Health, the Administrator of the Centers for Medicare & Medicaid Services, the Director of the National Institutes of Health, the Commissioner of Food and Drugs, and the heads of any other interested Federal department or agency, and shall seek input, where appropriate, from professional societies and other private and public entities.

(3) Methodology

The Director shall, in developing the methods used under paragraph (1), consider—

(A)

safety, efficacy, and effectiveness;

(B)

legal, social, and ethical implications;

(C)

costs, benefits, and cost-effectiveness;

(D)

comparisons to alternate health care practices and technologies; and

(E)

requirements of Food and Drug Administration approval to avoid duplication.

(c) Specific assessments
(1) In general

The Director shall conduct or support specific assessments of health care technologies and practices.

(2) Requests for assessments

The Director is authorized to conduct or support assessments, on a reimbursable basis, for the Centers for Medicare & Medicaid Services, the Department of Defense, the Department of Veterans Affairs, the Office of Personnel Management, and other public or private entities.

(3) Grants and contracts

In addition to conducting assessments, the Director may make grants to, or enter into cooperative agreements or contracts with, entities described in paragraph (4) for the purpose of conducting assessments of experimental, emerging, existing, or potentially outmoded health care technologies, and for related activities.

(4) Eligible entities

An entity described in this paragraph is an entity that is determined to be appropriate by the Director, including academic medical centers, research institutions and organizations, professional organizations, third party payers, governmental agencies, minority institutions of higher education (such as Historically Black Colleges and Universities, and Hispanic institutions), and consortia of appropriate research entities established for the purpose of conducting technology assessments.

(d) Medical examination of certain victims
(1) In general

The Director shall develop and disseminate a report on evidence-based clinical practices for—

(A)

the examination and treatment by health professionals of individuals who are victims of sexual assault (including child molestation) or attempted sexual assault; and

(B)

the training of health professionals, in consultation with the Health Resources and Services Administration, on performing medical evidentiary examinations of individuals who are victims of child abuse or neglect, sexual assault, elder abuse, or domestic violence.

(2) Certain considerations

In identifying the issues to be addressed by the report, the Director shall, to the extent practicable, take into consideration the expertise and experience of Federal and State law enforcement officials regarding the victims referred to in paragraph (1), and of other appropriate public and private entities (including medical societies, victim services organizations, sexual assault prevention organizations, and social services organizations).

Source credit: (July 1, 1944, ch. 373, title IX, § 916, as added Pub. L. 106–129, § 2(a), Dec. 6, 1999, 113 Stat. 1660; amended Pub. L. 108–173, title IX, § 900(e)(2)(C), Dec. 8, 2003, 117 Stat. 2372.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 106-129 · 113 Stat. 1660
  • 2003Amended · Pub. L. 108-173 · 117 Stat. 2372

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-129 on 1944-07-01.

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