42 U.S.C. § 300hh–33 — Public health data system modernization

(a) Expanding CDC and public health department capabilities (1) In general. The Secretary, acting through the CDC Director, must do two things. (A) The CDC must expand, modernize, improve, and keep up its own public health data systems. This includes making the systems work well together (interoperability) and improving them for preparing for, preventing, detecting, and responding to public health emergencies. (B) The CDC must give grants or cooperative agreements to state, local, tribal, and territorial public health departments to expand and modernize their data systems. These grants help health departments and public health labs do the following: (i) check their current data systems to find gaps, so they can collect, store, and analyze data more consistently and share public health information better; (ii) improve secure collection, sending, exchange, upkeep, and analysis of public health data, including demographic data where appropriate; (iii) improve secure data sharing between the CDC, state, local, tribal, and territorial health departments, public health labs, public health groups, and health care providers — including making it easier for providers to report data, following state law, using health information technology; (iv) make public health data systems work better with health information technology, including technology certified under section 300jj–11(c)(5); (v) support and train the people who run data systems, do data science, and work in informatics; (vi) support earlier detection of diseases and health conditions, such as through near-real-time data monitoring, so public health responses can happen faster; (vii) support the expansion and modernization of electronic case reporting in that department's area; and (viii) develop and share information about the use and importance of public health data. (2) Data standards. (A) Within 2 years of December 29, 2022, the CDC Director, working with the Office of the National Coordinator for Health Information Technology, must pick data and technology standards (including standards for interoperability) for public health data systems. The CDC must favor standards published by consensus-based standards organizations that took public input. (B) No duplicate work. The CDC may use input and materials gathered before December 29, 2022, including from the Health Information Technology Advisory Committee. The standards chosen must match the standards the Secretary already adopted under section 300jj–14, consistent with sections 17901 and 17902. (C) This paragraph does not change any federal or state privacy or security law. (3) Public-private partnerships. The Secretary may build partnerships with private organizations to provide technical help, training, and other support to state, local, tribal, and territorial health departments and the CDC for expanding electronic case reporting and public health data systems. (b) Requirements (1) Health information technology standards. The Secretary cannot give a grant or cooperative agreement under (a)(1)(B) unless the applicant uses, or agrees to use, standards endorsed by the National Coordinator for Health Information Technology or adopted by the Secretary under section 300jj–14. (2) Waiver. The Secretary can waive that requirement if the Secretary decides the applicant cannot otherwise carry out the (a)(1)(B) activities. (3) Application. A health department applying for a grant must submit an application to the Secretary in the form the Secretary requires. The application must describe: (A) what the grant money will be used for; and (B) how modernizing the data systems will help or affect the department's public health infrastructure, including any gaps that remain and what needs to be done to fix them. (c) Strategy and implementation plan. Within 180 days of December 27, 2020, the CDC Director must send Congress (the Senate HELP Committee and the House Energy and Commerce Committee) a strategy and a plan showing how the CDC will (1) update and improve its own public health data systems, and (2) carry out this section's activities to help state, local, tribal, and territorial data systems improve. (d) Consultation. The CDC Director must consult with state, local, tribal, and territorial health departments, medical and public health associations, hospital associations, health information technology experts, and other appropriate groups about the plan and grant program. This consultation can include giving technical assistance and training on how these public health data systems exchange information, and building public-private partnerships to help carry out this section. (e) Report to Congress. Within 1 year of December 27, 2020, the Secretary must send Congress a report that includes: (1) a description of barriers to — (A) public health authorities setting up systems that work together and electronic case reporting; (B) exchanging information through electronic case reporting; (C) health care providers reporting through these systems, following state law; and (D) improving how demographic data is collected or analyzed; (2) an assessment of how much electronic case reporting and connected data systems could help public health; and (3) a description of the activities carried out under this section. (f) Electronic case reporting — defined. In this section, "electronic case reporting" means the automatic creation and two-way exchange of reports about health events between electronic health record systems and public health authorities. (g) Authorization of appropriations. Congress may spend $100,000,000 each year from fiscal year 2021 through fiscal year 2025 to carry out this section.