Laws: Cases and Codes : U.S. Code : Title 42 : Section 1320b-12


   
U.S. Code as of: 01/19/04
Section 1320b-12. Research on outcomes of health care services and procedures

    (a) Establishment of program
      (1) In general
        The Secretary, acting through the Director of the Agency for
      Healthcare Research and Quality, shall - 
          (A) conduct and support research with respect to the
        outcomes, effectiveness, and appropriateness of health care
        services and procedures in order to identify the manner in
        which diseases, disorders, and other health conditions can most
        effectively and appropriately be prevented, diagnosed, treated,
        and managed clinically; and
          (B) assure that the needs and priorities of the program under
        subchapter XVIII of this chapter are appropriately reflected in
        the development and periodic review and updating (through the
        process set forth in section 299b-2 (!1) of this title) of
        treatment-specific or condition-specific practice guidelines
        for clinical treatments and conditions in forms appropriate for
        use in clinical practice, for use in educational programs, and
        for use in reviewing quality and appropriateness of medical
        care.

      (2) Evaluations of alternative services and procedures
        In carrying out paragraph (1), the Secretary shall conduct or
      support evaluations of the comparative effects, on health and
      functional capacity, of alternative services and procedures
      utilized in preventing, diagnosing, treating, and clinically
      managing diseases, disorders, and other health conditions.
      (3) Initial guidelines
        (A) In carrying out paragraph (1)(B) of this subsection, and
      section 299b-1(d) (!1) of this title, the Secretary shall, by not
      later than January 1, 1991, assure the development of an initial
      set of the guidelines specified in paragraph (1)(B) that shall
      include not less than 3 clinical treatments or conditions that - 
          (i)(I) account for a significant portion of expenditures
        under subchapter XVIII of this chapter; and
          (II) have a significant variation in the frequency or the
        type of treatment provided; or
          (ii) otherwise meet the needs and priorities of the program
        under subchapter XVIII of this chapter, as set forth under
        subsection (b)(3) of this section.

        (B)(i) The Secretary shall provide for the use of guidelines
      developed under subparagrah (!2) (A) to improve the quality,
      effectiveness, and appropriateness of care provided under
      subchapter XVIII of this chapter. The Secretary shall determine
      the impact of such use on the quality, appropriateness,
      effectiveness, and cost of medical care provided under such
      subchapter and shall report to the Congress on such determination
      by not later than January 1, 1993.

        (ii) For the purpose of carrying out clause (i), the Secretary
      shall expend, from the amounts specified in clause (iii),
      $1,000,000 for fiscal year 1990 and $1,500,000 for each of the
      fiscal years 1991 and 1992.
        (iii) For each fiscal year, for purposes of expenditures
      required in clause (ii) - 
          (I) 60 percent of an amount equal to the expenditure involved
        is appropriated from the Federal Hospital Insurance Trust Fund
        (established under section 1395i of this title); and
          (II) 40 percent of an amount equal to the expenditure
        involved is appropriated from the Federal Supplementary Medical
        Insurance Trust Fund (established under section 1395t of this
        title).
    (b) Priorities
      (1) In general
        The Secretary shall establish priorities with respect to the
      diseases, disorders, and other health conditions for which
      research and evaluations are to be conducted or supported under
      subsection (a) of this section. In establishing such priorities,
      the Secretary shall, with respect to a disease, disorder, or
      other health condition, consider the extent to which - 
          (A) improved methods of prevention, diagnosis, treatment, and
        clinical management can benefit a significant number of
        individuals;
          (B) there is significant variation among physicians in the
        particular services and procedures utilized in making diagnoses
        and providing treatments or there is significant variation in
        the outcomes of health care services or procedures due to
        different patterns of diagnosis or treatment;
          (C) the services and procedures utilized for diagnosis and
        treatment result in relatively substantial expenditures; and
          (D) the data necessary for such evaluations are readily
        available or can readily be developed.
      (2) Preliminary assessments
        For the purpose of establishing priorities under paragraph (1),
      the Secretary may, with respect to services and procedures
      utilized in preventing, diagnosing, treating, and clinically
      managing diseases, disorders, and other health conditions,
      conduct or support assessments of the extent to which - 
          (A) rates of utilization vary among similar populations for
        particular diseases, disorders, and other health conditions;
          (B) uncertainties exist on the effect of utilizing a
        particular service or procedure; or
          (C) inappropriate services and procedures are provided.
      (3) Relationship with medicare program
        In establishing priorities under paragraph (1) for research and
      evaluation, and under section 299b-3(a) (!1  of this title for
      the agenda under such section, the Secretary shall assure that
      such priorities appropriately reflect the needs and priorities of
      the program under subchapter XVIII of this chapter, as set forth
      by the Administrator of the Centers for Medicare & Medicaid
      Services.
    (c) Methodologies and criteria for evaluations
      For the purpose of facilitating research under subsection (a) of
    this section, the Secretary shall - 
        (1) conduct and support research with respect to the
      improvement of methodologies and criteria utilized in conducting
      research with respect to outcomes of health care services and
      procedures;
        (2) conduct and support reviews and evaluations of existing
      research findings with respect to such treatment or conditions;
        (3) conduct and support reviews and evaluations of the existing
      methodologies that use large data bases in conducting such
      research and shall develop new research methodologies, including
      data-based methods of advancing knowledge and methodologies that
      measure clinical and functional status of patients, with respect
      to such research;
        (4) provide grants and contracts to research centers, and
      contracts to other entities, to conduct such research on such
      treatment or conditions, including research on the appropriate
      use of prescription drugs;
        (5) conduct and support research and demonstrations on the use
      of claims data and data on clinical and functional status of
      patients in determining the outcomes, effectiveness, and
      appropriateness of such treatment; and
        (6) conduct and support supplementation of existing data bases,
      including the collection of new information, to enhance data
      bases for research purposes, and the design and development of
      new data bases that would be used in outcomes and effectiveness
      research.
    (d) Standards for data bases
      In carrying out this section, the Secretary shall develop - 
        (1) uniform definitions of data to be collected and used in
      describing a patient's clinical and functional status;
        (2) common reporting formats and linkages for such data; and
        (3) standards to assure the security, confidentiality,
      accuracy, and appropriate maintenance of such data.
    (e) Dissemination of research findings and guidelines
      (1) In general
        The Secretary shall provide for the dissemination of the
      findings of research and the guidelines described in subsection
      (a) of this section, and for the education of providers and
      others in the application of such research findings and
      guidelines.
      (2) Cooperative educational activities
        In disseminating findings and guidelines under paragraph (1),
      and in providing for education under such paragraph, the
      Secretary shall work with professional associations, medical
      specialty and subspecialty organizations, and other relevant
      groups to identify and implement effective means to educate
      physicians, other providers, consumers, and others in using such
      findings and guidelines, including training for physician
      managers within provider organizations.
    (f) Evaluations
      The Secretary shall conduct and support evaluations of the
    activities carried out under this section to determine the extent
    to which such activities have had an effect on the practices of
    physicians in providing medical treatment, the delivery of health
    care, and the outcomes of health care services and procedures.
    (g) Research with respect to dissemination
      The Secretary may conduct or support research with respect to
    improving methods of disseminating information on the effectiveness
    and appropriateness of health care services and procedures.
    (h) Omitted
    (i) Authorization of appropriations
      (1) In general
        There are authorized to be appropriated to carry out this
      section - 
          (A) $50,000,000 for fiscal year 1990;
          (B) $75,000,000 for fiscal year 1991;
          (C) $110,000,000 for fiscal year 1992;
          (D) $148,000,000 for fiscal year 1993; and
          (E) $185,000,000 for fiscal year 1994.
      (2) Specifications
        For the purpose of carrying out this section, for each of the
      fiscal years 1990 through 1992 an amount equal to two-thirds of
      the amounts authorized to be appropriated under paragraph (1),
      and for each of the fiscal years 1993 and 1994 an amount equal to
      70 percent of such amounts, are to be appropriated in the
      following proportions from the following trust funds:
          (A) 60 percent from the Federal Hospital Insurance Trust Fund
        (established under section 1395i of this title).
          (B) 40 percent from the Federal Supplementary Medical
        Insurance Trust Fund (established under section 1395t of this
        title).
      (3) Allocations
        (A) For each fiscal year, of the amounts transferred or
      otherwise appropriated to carry out this section, the Secretary
      shall reserve appropriate amounts for each of the purposes
      specified in clauses (i) through (iv) of subparagraph (B).
        (B) The purposes referred to in subparagraph (A) are - 
          (i) the development of guidelines, standards, performance
        measures, and review criteria;
          (ii) research and evaluation;
          (iii) data-base standards and development; and
          (iv) education and information dissemination.



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