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42 U.S.C. § 299cAdvisory Council for Healthcare Research and Quality

submitted 82 years ago by Pub. L. 106-129 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 924 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates the National Advisory Council for Healthcare Research and Quality. The Council advises the Secretary and Director on research priorities and funding. Members serve three-year terms and meet at least three times a year.

(a) Establishment This section creates an advisory group called the National Advisory Council for Healthcare Research and Quality. (b) Duties The Council advises the Secretary and the Director on what the Agency for Healthcare Research and Quality should do. It must recommend: (A) which health topics to research first, especially studies on quality, outcomes, cost, and access to care; (B) training needs and how to spread information about health care quality; and (C) what role the Agency should play given what private companies are already doing, and where public-private partnerships could help. (c) Membership The Council has appointed members and ex officio (automatic) members. All members can vote except the ex officio ones. The Secretary appoints 21 qualified people. At least 17 must be private citizens who are not federal officers or employees, and at least one must be a rural health specialist in one of the listed fields. Overall, the group must represent the professions and organizations affected by this law. Of the 21 appointed members: three must know research, demonstrations, and evaluations in health care; three must know health care quality research or improvement; three must be doctors, with at least one a primary care doctor; three must be from other health professions; three must represent the private health care sector — plans, providers, purchasers — or run health care delivery systems; three must know health economics, information systems, law, ethics, business, or public policy; and three must represent patients and consumers. The Secretary also names certain federal officials as ex officio members — including the Assistant Secretary for Health, the directors of the National Institutes of Health and the Centers for Disease Control and Prevention, the Administrator of the Centers for Medicare & Medicaid Services, the Commissioner of the Food and Drug Administration, the Director of the Office of Personnel Management, the Assistant Secretary of Defense for Health Affairs, and the Department of Veterans Affairs' Under Secretary for Health — plus any other federal officials the Secretary considers appropriate. (d) Terms Appointed members serve three-year terms. To stagger the terms so about a third of the Council turns over each year, the Secretary can give the first members terms of 1, 2, or 3 years. A member can keep serving past their term until someone replaces them. (e) Vacancies If a member leaves before finishing their term, whoever replaces them serves only the rest of that term. (f) Chair The Director picks the chair from among the appointed members. (g) Meetings The Council must meet at least once every four months — three times a year — and can also meet whenever the Director or chair calls a meeting. (h) Compensation and reimbursement of expenses Appointed members get paid for each day they work for the Council, including travel time, unless they turn down the pay. The daily pay cannot exceed the daily rate for level IV of the Executive Schedule. Ex officio members — the federal officials — don't get extra pay for Council service beyond their regular government salary. (i) Staff The Director must give the Council the staff, information, and other help it needs to do its job. (j) Duration Even though federal advisory bodies can normally expire automatically under section 1013(a) of title 5, this Council keeps going until a law ends it.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment

There is established an advisory council to be known as the National Advisory Council for Healthcare Research and Quality.

(b) Duties
(1) In general

The Advisory Council shall advise the Secretary and the Director with respect to activities proposed or undertaken to carry out the mission of the Agency under section 299(b) of this title.

(2) Certain recommendations

Activities of the Advisory Council under paragraph (1) shall include making recommendations to the Director regarding—

(A)

priorities regarding health care research, especially studies related to quality, outcomes, cost and the utilization of, and access to, health care services;

(B)

the field of health care research and related disciplines, especially issues related to training needs, and dissemination of information pertaining to health care quality; and

(C)

the appropriate role of the Agency in each of these areas in light of private sector activity and identification of opportunities for public-private sector partnerships.

(c) Membership
(1) In general

The Advisory Council shall, in accordance with this subsection, be composed of appointed members and ex officio members. All members of the Advisory Council shall be voting members other than the individuals designated under paragraph (3)(B) as ex officio members.

(2) Appointed members

The Secretary shall appoint to the Advisory Council 21 appropriately qualified individuals. At least 17 members of the Advisory Council shall be representatives of the public who are not officers or employees of the United States and at least 1 member who shall be a specialist in the rural aspects of 1 or more of the professions or fields described in subparagraphs (A) through (G). The Secretary shall ensure that the appointed members of the Council, as a group, are representative of professions and entities concerned with, or affected by, activities under this subchapter and under section 1320b–12 of this title. Of such members—

(A)

three shall be individuals distinguished in the conduct of research, demonstration projects, and evaluations with respect to health care;

(B)

three shall be individuals distinguished in the fields of health care quality research or health care improvement;

(C)

three shall be individuals distinguished in the practice of medicine of which at least one shall be a primary care practitioner;

(D)

three shall be individuals distinguished in the other health professions;

(E)

three shall be individuals either representing the private health care sector, including health plans, providers, and purchasers or individuals distinguished as administrators of health care delivery systems;

(F)

three shall be individuals distinguished in the fields of health care economics, information systems, law, ethics, business, or public policy; and

(G)

three shall be individuals representing the interests of patients and consumers of health care.

(3) Ex officio members

The Secretary shall designate as ex officio members of the Advisory Council—

(A)

the Assistant Secretary for Health, the Director of the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, the Administrator of the Centers for Medicare & Medicaid Services, the Commissioner of the Food and Drug Administration, the Director of the Office of Personnel Management, the Assistant Secretary of Defense (Health Affairs), and the Under Secretary for Health of the Department of Veterans Affairs; and

(B)

such other Federal officials as the Secretary may consider appropriate.

(d) Terms
(1) In general

Members of the Advisory Council appointed under subsection (c)(2) shall serve for a term of 3 years.

(2) Staggered terms

To ensure the staggered rotation of one-third of the members of the Advisory Council each year, the Secretary is authorized to appoint the initial members of the Advisory Council for terms of 1, 2, or 3 years.

(3) Service beyond term

A member of the Council appointed under subsection (c)(2) may continue to serve after the expiration of the term of the members until a successor is appointed.

(e) Vacancies

If a member of the Advisory Council appointed under subsection (c)(2) does not serve the full term applicable under subsection (d), the individual appointed to fill the resulting vacancy shall be appointed for the remainder of the term of the predecessor of the individual.

(f) Chair

The Director shall, from among the members of the Advisory Council appointed under subsection (c)(2), designate an individual to serve as the chair of the Advisory Council.

(g) Meetings

The Advisory Council shall meet not less than once during each discrete 4-month period and shall otherwise meet at the call of the Director or the chair.

(h) Compensation and reimbursement of expenses
(1) Appointed members

Members of the Advisory Council appointed under subsection (c)(2) shall receive compensation for each day (including travel time) engaged in carrying out the duties of the Advisory Council unless declined by the member. Such compensation may not be in an amount in excess of the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5 for each day during which such member is engaged in the performance of the duties of the Advisory Council.

(2) Ex officio members

Officials designated under subsection (c)(3) as ex officio members of the Advisory Council may not receive compensation for service on the Advisory Council in addition to the compensation otherwise received for duties carried out as officers of the United States.

(i) Staff

The Director shall provide to the Advisory Council such staff, information, and other assistance as may be necessary to carry out the duties of the Council.

(j) Duration

Notwithstanding section 1013(a) of title 5, the Advisory Council shall continue in existence until otherwise provided by law.

Source credit: (July 1, 1944, ch. 373, title IX, § 941, formerly § 921, as added Pub. L. 106–129, § 2(a), Dec. 6, 1999, 113 Stat. 1663; amended Pub. L. 108–173, title IX, § 900(e)(2)(D), Dec. 8, 2003, 117 Stat. 2372; renumbered § 931, Pub. L. 109–41, § 2(a)(3), July 29, 2005, 119 Stat. 424; renumbered § 941, Pub. L. 111–148, title III, § 3013(a)(2), Mar. 23, 2010, 124 Stat. 381; Pub. L. 117–286, § 4(a)(242), Dec. 27, 2022, 136 Stat. 4332.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 106-129 · 113 Stat. 1663
  • 2003Amended · Pub. L. 108-173 · 117 Stat. 2372
  • 2005Amended · Pub. L. 109-41 · 119 Stat. 424
  • 2010Amended · Pub. L. 111-148 · 124 Stat. 381
  • 2022Amended · Pub. L. 117-286 · 136 Stat. 4332

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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