42 U.S.C. § 300jj–33 — State grants to promote health information technology

(a) In general The Secretary, acting through the National Coordinator, must establish a program under this section to facilitate and expand the electronic movement and use of health information among organizations, following nationally recognized standards. (b) Planning grants The Secretary may award a grant to a state or a qualified State-designated entity (described in subsection (f)) that submits an application, in the form, manner, and with the information the Secretary specifies, to fund the planning activities in subsection (e). (c) Implementation grants The Secretary may award a grant to a state or qualified State-designated entity that (1) has submitted, and the Secretary has approved, a plan meeting subsection (e) (regardless of whether that plan was prepared using a subsection (b) grant), and (2) submits an application as the Secretary specifies. (d) Use of funds Amounts from an implementation grant under subsection (c) must be used to conduct activities that facilitate and expand the electronic movement and use of health information among organizations under nationally recognized standards, including: (1) enhancing broad and varied participation in authorized, secure nationwide electronic use and exchange of health information; (2) identifying state or local resources available for that nationwide effort; (3) complementing other federal grants, programs, and efforts promoting health IT; (4) providing technical assistance to develop and share solutions to barriers to exchanging electronic health information; (5) promoting effective strategies to adopt and use health IT in medically underserved communities; (6) helping patients use health IT; (7) encouraging clinicians to work with Health Information Technology Regional Extension Centers under section 300jj-32, where available and valuable; (8) supporting public health agencies' authorized use of and access to electronic health information; (9) promoting the use of electronic health records for quality improvement, including quality-measure reporting; and (10) any other activity the Secretary specifies. (e) Plan (1) A qualifying plan describes the activities the state, or the qualified State-designated entity within it, will carry out to facilitate and expand electronic movement and use of health information among organizations under nationally recognized standards and implementation specifications. (2) The plan must: (A) be pursued in the public interest; (B) be consistent with the National Coordinator's strategic plan (as available) under section 300jj-11; (C) describe how the state or entity will carry out the funded activities; and (D) contain any other elements the Secretary requires. (f) Qualified State-designated entity To qualify, with respect to a state, an entity must: (1) be designated by the state as eligible to receive awards under this section; (2) be a not-for-profit entity with broad stakeholder representation on its governing board; (3) demonstrate that using information technology to improve health care quality and efficiency through authorized, secure electronic exchange and use of health information is one of its principal goals; (4) adopt nondiscrimination and conflict-of-interest policies demonstrating a commitment to open, fair, and nondiscriminatory stakeholder participation; and (5) conform to any other requirements the Secretary establishes. (g) Required consultation In carrying out the activities in subsections (b) and (c), a state or qualified State-designated entity must consult with, and consider recommendations from: health care providers (including those serving low-income and underserved populations); health plans; patient or consumer organizations representing the population served; health IT vendors; health care purchasers and employers; public health agencies; health professions schools, universities, and colleges; clinical researchers; other health IT users, such as providers' support and clerical staff and others coordinating patient care; and any other entities the Secretary decides are appropriate. (h) Continuous improvement The Secretary must annually evaluate this section's activities and, in awarding grants, apply the lessons learned so that later awards are made in whatever way the Secretary decides will lead to the greatest improvement in care quality, the greatest cost decrease, and the most effective authorized, secure electronic exchange of health information. (i) Required match (1) For each fiscal year beginning with 2011, the Secretary may not give a state a grant under this section unless the state agrees to provide non-federal contributions (which may include in-kind contributions) toward the costs of a subsection (c) grant equal to: (A) for fiscal year 2011, at least $1 for every $10 of federal grant funds; (B) for fiscal year 2012, at least $1 for every $7; and (C) for fiscal year 2013 and every year after, at least $1 for every $3. (2) For any fiscal year before 2011, the Secretary could decide how much of a non-federal contribution, if any, to require from a state receiving a grant under this section.