Home > 106th Congressional Bills > S. 2218 (is) To amend title 5, United States Code, to provide for the establishment of a program under which long-term care insurance is made available to Federal employees and annuitants and members of the uniformed services, and for other purposes. [Int...

S. 2218 (is) To amend title 5, United States Code, to provide for the establishment of a program under which long-term care insurance is made available to Federal employees and annuitants and members of the uniformed services, and for other purposes. [Int...


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108th CONGRESS
  2d Session
                                S. 2217

         To improve the health of health disparity populations.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 12, 2004

   Mr. Frist introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
         To improve the health of health disparity populations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Closing the Health 
Care Gap Act of 2004''.
    (b) Table of contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--IMPROVED HEALTH CARE QUALITY AND EFFECTIVE DATA COLLECTION AND 
                                ANALYSIS

Sec. 101. Standardized measures of quality health care.
Sec. 102. Data collection.
            TITLE II--EXPANDED ACCESS TO QUALITY HEALTH CARE

              Subtitle A--Access, Awareness, and Outreach

Sec. 201. Access and awareness grants.
Sec. 202. Innovative outreach programs.
             Subtitle B--Refundable Health Insurance Credit

Sec. 211. Refundable health insurance costs credit.
Sec. 212. Advance payment of credit to issuers of qualified health 
                            insurance.
  TITLE III--STRONG NATIONAL LEADERSHIP, COOPERATION, AND COORDINATION

Sec. 301. Office of Minority Health and Health Disparities.
       TITLE IV--PROFESSIONAL EDUCATION, AWARENESS, AND TRAINING

Sec. 401. Workforce diversity and training.
Sec. 402. Higher education technical amendments.
Sec. 403. Model cultural competency curriculum development.
Sec. 404. Internet cultural competency clearinghouse.
                       TITLE V--ENHANCED RESEARCH

Sec. 501. Agency for Healthcare Research and Quality.
Sec. 502. National Institutes of Health.
                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Definitions.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The overall health of Americans has dramatically 
        improved over the last century, and Americans are justifiably 
        proud of the great strides that have been made in the health 
        and medical sciences.
            (2) As medical science and technology have advanced at a 
        rapid pace, however, the health care delivery system has not 
        been able to provide consistently high quality care to all 
        Americans.
            (3) In particular, people of lower socioeconomic status, 
        racial and ethnic minorities, and medically underserved 
        populations have experienced poor health and challenges in 
        accessing high quality health care.
            (4) Recent studies have raised significant questions 
        regarding differences in clinical care provided to racial and 
        ethnic minorities and other health disparity populations. These 
        differences are often grouped together under the broad heading 
        of ``health disparities''.
            (5) Studies indicate that a gap exists between ideal health 
        care and the actual health care that some Americans receive.
            (6) Data collection, analysis, and reporting by race, 
        ethnicity, and primary language across federally supported 
        health programs are essential for identifying, understanding 
        the causes of, monitoring, and eventually eliminating health 
        disparities.
            (7) Current health related data collection and reporting 
        activities largely reflect the efforts of the Department of 
        Health and Human Services. Despite considerable efforts by the 
        Department, data collection efforts governing racial, ethnic, 
        and health disparity populations remain inconsistent and 
        inadequate. They often quantify disparities but shed little 
        light on their causes.
            (8) Many Americans, and particularly racial and ethnic 
        minorities and other health disparity populations, miss 
        opportunities for preventive medical care. Similarly, 
        management of chronic illnesses in these populations presents 
        unique challenges to the nation's health care system.
            (9) The largest numbers of the medically underserved are 
        white individuals, and many of them have the same health care 
        access problems as do members of minority groups. Nearly 
        22,000,000 white individuals live below the poverty line with 
        many living in nonmetropolitan, rural areas such as Appalachia, 
        where the high percentage of countries designated as health 
        professional shortage areas (47 percent) and the high rate of 
        poverty contribute to disparity outcomes. However, there is a 
        higher proportion of racial and ethnic minorities in the United 
        States represented among the medically underserved.
            (10) While much research examines the question of racial 
        and ethnic differences in health care, less is known about the 
        magnitude and extent of differences in the quality of health 
        care related to nonsocioeconomic factors. Only recently have 
        scientists and quality improvement experts begun to address the 
        issue of how best to measure, track, and improve quality of 
        health care in diverse populations. Additional research in 
        order to understand the causes of disparities and develop 
        effective approaches to eliminate these gaps in health care 
        quality will be necessary.
            (11) There is a need to ensure appropriate representation 
        of racial and ethnic minorities, and other health disparity 
        populations, in the health care professions and in the fields 
        of biomedical, clinical, behavioral, and health services 
        research.
            (12) Preventable disparities in access to and quality of 
        health care are unacceptable. Health care delivered in the 
        United States should be care that is as safe, effective, 
        patient-centered, timely, efficient and equitable as possible.

TITLE I--IMPROVED HEALTH CARE QUALITY AND EFFECTIVE DATA COLLECTION AND 
                                ANALYSIS

SEC. 101. STANDARDIZED MEASURES OF QUALITY HEALTH CARE.

    (a) In General.--
            (1) Collaboration.--The Secretary of Health and Human 
        Services, the Secretary of Defense, the Secretary of Veterans 
        Affairs, the Director of the Indian Health Service, and the 
Director of the Office of Personnel Management (referred to in this 
section as the ``Secretaries'') shall work collaboratively to establish 
uniform, standardized health care quality measures across all Federal 
Government health programs. Such measures shall be designed to assess 
quality improvement efforts with regard to the safety, timeliness, 
effectiveness, patient-centeredness, and efficiency of health care 
delivered across all federally supported health care delivery programs 
including those in which health care services are delivered to health 
disparity populations.
            (2) Development of measures.--Relying on earlier work by 
        the Secretary of Health and Human Services or others (including 
        work such as the Healthy People 2010 or the IOM Quality Chasm 
        reports) and with an emphasis on health conditions 
        disproportionately affecting health disparity populations and 
        taking into account health literacy and primary language and 
        cultural factors, the Secretaries shall develop standardized 
        sets of quality measures for--
                    (A) 5 common health conditions by not later than 
                January 1, 2006; and
                    (B) an additional 10 common health conditions by 
                not later than January 1, 2007.
            (3) Pilot testing.--Each federally administered health care 
        program may conduct a pilot test of the quality measures 
        developed under paragraph (2) that shall include a collection 
        of patient-level data and a public release of comparative 
        performance reports.
    (b) Public Reporting Requirements.--The Secretaries shall work 
collaboratively to establish standardized public reporting requirements 
for clinicians, institutional providers, and health plans in each of 
the health programs described in subsection (a).
    (c) Full Implementation.--The Secretaries shall work 
collaboratively to prepare for the full implementation of all 
standardized sets of quality measures and reporting systems developed 
under subsections (a) and (b) by not later than January 1, 2009.
    (d) Progress Report.--The Secretary of Health and Human Services 
shall prepare an annual progress report that details the collaborative 
efforts carried out under subsection (a).
    (e) Comparative Quality Reports.--Beginning on January 1, 2008, in 
order to make comparative quality information available to health care 
consumers, including members of health disparity populations, health 
professionals, public health officials, researchers, and other 
appropriate individuals and entities, the Secretaries shall provide for 
the pooling and analysis of quality measures collected under this 
section. Nothing in this section shall be construed as modifying the 
privacy standards under the Health Insurance Portability and 
Accountability Act of 1996 (Public Law 104-191).
    (f) Ongoing Evaluation of Use.--The Secretary of Health and Human 
Services shall ensure the ongoing evaluation of the use of the health 
care quality measures established under this section.
    (g) Existing Activities.--Notwithstanding any other provision of 
law, the standardized measures and reporting activities described in 
this section shall replace, to the extent practicable and appropriate, 
any existing measurement and reporting activities currently utilized by 
federally supported health care delivery programs.
    (h) Evaluation.--
            (1) Institute of medicine.--
                    (A) In general.--The Secretary of Health and Human 
                Services shall request the Institute of Medicine to 
                conduct an evaluation of the collaborative efforts of 
                the Secretaries to establish uniform, standardized 
                health care quality measures and reporting requirements 
                for federally supported health care delivery programs 
                as required under this section.
                    (B) Report.--Not later than 2 years after the date 
                of enactment of this Act, the Institute of Medicine 
                shall submit a report concerning the results of the 
                evaluation under subparagraph (A) to the Secretary.
            (2) Regulations.--
                    (A) Proposed.--Not later than 18 months after the 
                date on which the report is submitted under paragraph 
                (1)(B), the Secretary shall publish proposed 
                regulations regarding the uniform, standardized health 
                care quality measures and reporting requirements 
                described in this section.
                    (B) Final regulations.--Not later than 3 years 
                after the date on which the report is submitted under 
                paragraph (1)(B), the Secretary shall publish final 
                regulations regarding the uniform, standardized health 
                care quality measures and reporting requirements 
                described in this section.

SEC. 102. DATA COLLECTION.

    (a) In General.--The Secretary of Health and Human Services 
(referred to in this section as the ``Secretary'') shall--
            (1) ensure that data collected under the medicare program 
        under title XVIII of the Social Security Act (42 U.S.C. 1395 et 
        seq.) are accurate by race, ethnicity, and primary language and 
        available for inclusion in the National Health Disparities 
        Report;
            (2) enforce State data collection and reporting by race, 
        ethnicity, and primary language for enrollees in the medicaid 
        program under title XIX of the Social Security Act (42 U.S.C. 
        1396 et seq.) and the State Children's Health Insurance Program 
        under title XXI of such Act (42 U.S.C. 1397aa et seq.) and 
        ensure that such data are available for inclusion in the 
        National Health Disparities Report;
            (3) ensure that ongoing and any new program initiatives--
                    (A) collect and report data by race, ethnicity, and 
                primary language and provide technical assistance to 
                promote compliance;
                    (B) address technological difficulties;
                    (C) ensure privacy and confidentiality of data 
                collected; and
                    (D) implement effective educational strategies;
            (4) expand educational programs to inform insurers, 
        providers, agencies and the public of the importance of data 
        collection by race, ethnicity, and primary language to 
        improving health care access and quality;
            (5) raise awareness that these data are critical for 
        achieving Healthy People 2010 goals and essential to the 
        nondiscrimination requirements of title VI of the Civil Rights 
        Act (42 U.S.C. 2000d et seq.); and
            (6) support research on existing best practices for data 
        collection.
    (b) Grants for Data Collection by Health Plans, Health Centers, and 
Hospitals.--
            (1) In general.--The Secretary, acting through the Director 
        of the Agency for Healthcare Research and Quality, may support 
        or conduct not to exceed 20 demonstration programs to enhance 
        the collection, analysis, and reporting of the data required 
        under this section.
            (2) Eligibility.--To be eligible to receive a grant under 
        this section an entity shall--
                    (A) be a health plan, federally qualified health 
                center or health center network, or hospital; and
                    (B) prepare and submit to the Secretary an 
                application at such time, in such manner, and 
                containing such as information as the Secretary may 
                require.
            (3) Use of funds.--A grantee shall use amounts received 
        under a grant under this subsection to--
                    (A) collect, analyze, and report data by race, 
                ethnicity, or other health disparity category for 
                patients served by the grantee, including--
                            (i) in the case of a hospital, emergency 
                        room patients and patients served on an 
                        inpatient or outpatient basis;
                            (ii) in the case of a health plan, data for 
                        enrollees; and
                            (iii) in the case of a federally qualified 
                        health center or health center network, primary 
                        care, specialty care, and referrals;
                    (B) provide analyses of racial, ethnic and other 
                disparities in health and health care, including 

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