Pub. L. 109-417, tit. II, sec. 202
USING INFORMATION TECHNOLOGY TO IMPROVE SITUATIONAL AWARENESS IN PUBLIC HEALTH EMERGENCIES.
SEC. 202. USING INFORMATION TECHNOLOGY TO IMPROVE SITUATIONAL AWARENESS IN PUBLIC HEALTH EMERGENCIES. Section 319D of the Public Health Service Act (42 U.S.C. 247d–4) is amended—(1) in subsection (a)(1), by inserting “domestically and abroad” after “public health threats”; and(2) by adding at the end the following:“(d) Public Health Situational Awareness.—“(1) In general.—Not later than 2 years after the date of enactment of the Pandemic and All-Hazards Preparedness Act, the Secretary, in collaboration with State, local, and tribal public health officials, shall establish a near real-time electronic nationwide public health situational awareness capability through an interoperable network of systems to share data and information to enhance early detection of rapid response to, and management of, potentially catastrophic infectious disease outbreaks and other public health emergencies that originate domestically or abroad. Such network shall be built on existing State situational awareness systems or enhanced systems that enable such connectivity.“(2) Strategic plan.—Not later than 180 days after the date of enactment the Pandemic and All-Hazards Preparedness Act, the Secretary shall submit to the appropriate committees of Congress, a strategic plan that demonstrates the steps the Secretary will undertake to develop, implement, and evaluate the network described in paragraph (1), utilizing the elements described in paragraph (3).120 STAT. 2846“(3) Elements.—The network described in paragraph (1) shall include data and information transmitted in a standardized format from—“(A) State, local, and tribal public health entities, including public health laboratories;“(B) Federal health agencies;“(C) zoonotic disease monitoring systems;“(D) public and private sector health care entities, hospitals, pharmacies, poison control centers or professional organizations in the field of poison control, and clinical laboratories, to the extent practicable and provided that such data are voluntarily provided simultaneously to the Secretary and appropriate State, local, and tribal public health agencies; and“(E) such other sources as the Secretary may deem appropriate.“(4) Rule of construction.—Paragraph (3) shall not be construed as requiring separate reporting of data and information from each source listed.“(5) Required activities.—In establishing and operating the network described in paragraph (1), the Secretary shall—“(A) utilize applicable interoperability standards as determined by the Secretary through a joint public and private sector process;“(B) define minimal data elements for such network;“(C) in collaboration with State, local, and tribal public health officials, integrate and build upon existing State, local, and tribal capabilities, ensuring simultaneous sharing of data, information, and analyses from the network described in paragraph (1) with State, local, and tribal public health agencies; and“(D) in collaboration with State, local, and tribal public health officials, develop procedures and standards for the collection, analysis, and interpretation of data that States, regions, or other entities collect and report to the network described in paragraph (1).“(e) State and Regional Systems To Enhance Situational Awareness in Public Health Emergencies.—“(1) In general.—To implement the network described in subsection (d), the Secretary may award grants to States or consortia of States to enhance the ability of such States or consortia of States to establish or operate a coordinated public health situational awareness system for regional or Statewide early detection of, rapid response to, and management of potentially catastrophic infectious disease outbreaks and public health emergencies, in collaboration with appropriate public health agencies, sentinel hospitals, clinical laboratories, pharmacies, poison control centers, other health care organizations, and animal health organizations within such States.“(2) Eligibility.—To be eligible to receive a grant under paragraph (1), the State or consortium of States shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including an assurance that the State or consortium of States will submit to the Secretary—120 STAT. 2847 “(A) reports of such data, information, and metrics as the Secretary may require;“(B) a report on the effectiveness of the systems funded under the grant; and“(C) a description of the manner in which grant funds will be used to enhance the timelines and comprehensiveness of efforts to detect, respond to, and manage potentially catastrophic infectious disease outbreaks and public health emergencies.“(3) Use of funds.—A State or consortium of States that receives an award under this subsection—“(A) shall establish, enhance, or operate a coordinated public health situational awareness system for regional or Statewide early detection of, rapid response to, and management of potentially catastrophic infectious disease outbreaks and public health emergencies;“(B) may award grants or contracts to entities described in paragraph (1) within or serving such State to assist such entities in improving the operation of information technology systems, facilitating the secure exchange of data and information, and training personnel to enhance the operation of the system described in subparagraph (A); and“(C) may conduct a pilot program for the development of multi-State telehealth network test beds that build on, enhance, and securely link existing State and local telehealth programs to prepare for, monitor, respond to, and manage the events of public health emergencies, facilitate coordination and communication among medical, public health, and emergency response agencies, and provide medical services through telehealth initiatives within the States that are involved in such a multi-State telehealth network test bed.“(4) Limitation.—Information technology systems acquired or implemented using grants awarded under this section must be compliant with—“(A) interoperability and other technological standards, as determined by the Secretary; and“(B) data collection and reporting requirements for the network described in subsection (d).“(5) Independent evaluation.—Not later than 4 years after the date of enactment of the Pandemic and All-Hazards Preparedness Act, the Government Accountability Office shall conduct an independent evaluation, and submit to the Secretary and the appropriate committees of Congress a report concerning the activities conducted under this subsection and subsection (d).“(f) Telehealth Enhancements for Emergency Response.—“(1) Evaluation.—The Secretary, in consultation with the Federal Communications Commission and other relevant Federal agencies, shall—“(A) conduct an inventory of telehealth initiatives in existence on the date of enactment of the Pandemic and All-Hazards Preparedness Act, including—“(i) the specific location of network components;“(ii) the medical, technological, and communications capabilities of such components;120 STAT. 2848“(iii) the functionality of such components; and“(iv) the capacity and ability of such components to handle increased volume during the response to a public health emergency;“(B) identify methods to expand and interconnect the regional health information networks funded by the Secretary, the State and regional broadband networks funded through the rural health care support mechanism pilot program funded by the Federal Communications Commission, and other telehealth networks;“(C) evaluate ways to prepare for, monitor, respond rapidly to, or manage the events of, a public health emergency through the enhanced use of telehealth technologies, including mechanisms for payment or reimbursement for use of such technologies and personnel during public health emergencies;“(D) identify methods for reducing legal barriers that deter health care professionals from providing telemedicine services, such as by utilizing State emergency health care professional credentialing verification systems, encouraging States to establish and implement mechanisms to improve interstate medical licensure cooperation, facilitating the exchange of information among States regarding investigations and adverse actions, and encouraging States to waive the application of licensing requirements during a public health emergency;“(E) evaluate ways to integrate the practice of telemedicine within the National Disaster Medical System; and“(F) promote greater coordination among existing Federal interagency telemedicine and health information technology initiatives.“(2) Report.—Not later than 12 months after the date of enactment of the Pandemic and All-Hazards Preparedness Act, the Secretary shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives regarding the findings and recommendations pursuant to subparagraphs (A) through (F) of paragraph (1).“(g) Authorization of Appropriations.—There are authorized to be appropriated to carry out this section, such sums as may be necessary in each of fiscal years 2007 through 2011.”.