F:\P11\NHI\TRICOMM\AAHCA09_001.

XML

961
1 other population or subpopulation determined appro-
2 priate by the Secretary.
3 ‘‘(4) The term ‘tribal’ refers to an Indian tribe,
4 a Tribal organization, or an Urban Indian organiza-
5 tion, as such terms are defined in section 4 of the
6 Indian Health Care Improvement Act.’’.
7 (b) TRANSITION PROVISIONS APPLICABLE TO TASK
8 FORCES.—
9 (1) FUNCTIONS, PERSONNEL, ASSETS, LIABIL-

10 ITIES, AND ADMINISTRATIVE ACTIONS.—All func-

11 tions, personnel, assets, and liabilities of, and ad-
12 ministrative actions applicable to, the Preventive
13 Services Task Force convened under section 915(a)
14 of the Public Health Service Act and the Task Force
15 on Community Preventive Services (as such section
16 and Task Forces were in existence on the day before
17 the date of the enactment of this Act) shall be trans-
18 ferred to the Task Force on Clinical Preventive
19 Services and the Task Force on Community Preven-
20 tive Services, respectively, established under sections
21 3121 and 3122 of the Public Health Service Act, as
22 added by subsection (a).
23 (2) RECOMMENDATIONS.—All recommendations
24 of the Preventive Services Task Force and the Task
25 Force on Community Preventive Services, as in ex-

f:\VHLC\071409\071409.140.xml (444390|2)
July 14, 2009 (12:51 p.m.)
VerDate Nov 24 2008 12:51 Jul 14, 2009 Jkt 000000 PO 00000 Frm 00961 Fmt 6652 Sfmt 6201 C:\TEMP\AAHCA0~1.XML HOLCPC
 F:\P11\NHI\TRICOMM\AAHCA09_001.XML

962
1 istence on the day before the date of the enactment
2 of this Act, shall be considered to be recommenda-
3 tions of the Task Force on Clinical Preventive Serv-
4 ices and the Task Force on Community Preventive
5 Services, respectively, established under sections
6 3121 and 3122 of the Public Health Service Act, as
7 added by subsection (a).
8 (3) MEMBERS ALREADY SERVING.—

9 (A) INITIAL MEMBERS.—The Secretary of

10 Health and Human Services may select those
11 individuals already serving on the Preventive
12 Services Task Force and the Task Force on
13 Community Preventive Services, as in existence
14 on the day before the date of the enactment of
15 this Act, to be among the first members ap-
16 pointed to the Task Force on Clinical Preven-
17 tive Services and the Task Force on Commu-
18 nity Preventive Services, respectively, under sec-
19 tions 3121 and 3122 of the Public Health Serv-
20 ice Act, as added by subsection (a).
21 (B) CALCULATION OF TOTAL SERVICE.—In

22 calculating the total years of service of a mem-

23 ber of a task force for purposes of section
24 3131(d)(2)(A) or 3132(d)(2)(A) of the Public
25 Health Service Act, as added by subsection (a),

f:\VHLC\071409\071409.140.xml (444390|2)
July 14, 2009 (12:51 p.m.)
VerDate Nov 24 2008 12:51 Jul 14, 2009 Jkt 000000 PO 00000 Frm 00962 Fmt 6652 Sfmt 6201 C:\TEMP\AAHCA0~1.XML HOLCPC
 F:\P11\NHI\TRICOMM\AAHCA09_001.XML

963
1 the Secretary of Health and Human Services
2 shall not include any period of service by the
3 member on the Preventive Services Task Force
4 or the Task Force on Community Preventive
5 Services, respectively, as in existence on the day
6 before the date of the enactment of this Act.
7 (c) PERIOD BEFORE COMPLETION OF NATIONAL
8 STRATEGY.—Pending completion of the national strategy
9 under section 3121 of the Public Health Service Act, as
10 added by subsection (a), the Secretary of Health and
11 Human Services, acting through the relevant agency head,
12 may make a judgment about how the strategy will address
13 an issue and rely on such judgment in carrying out any
14 provision of subtitle C, D, E, or F of title XXXI of such
15 Act, as added by subsection (a), that requires the Sec-
16 retary—
17 (1) to take into consideration such strategy;
18 (2) to conduct or support research or provide
19 services in priority areas identified in such strategy;
20 or
21 (3) to take any other action in reliance on such
22 strategy.
23 (d) CONFORMING AMENDMENTS.—
24 (1) Paragraph (61) of section 3(b) of the In-
25 dian Health Care Improvement Act (25 U.S.C.

f:\VHLC\071409\071409.140.xml (444390|2)
July 14, 2009 (12:51 p.m.)
VerDate Nov 24 2008 12:51 Jul 14, 2009 Jkt 000000 PO 00000 Frm 00963 Fmt 6652 Sfmt 6201 C:\TEMP\AAHCA0~1.XML HOLCPC
 F:\P11\NHI\TRICOMM\AAHCA09_001.XML

964
1 1602) is amended by striking ‘‘United States Pre-
2 ventive Services Task Force’’ and inserting ‘‘Task
3 Force on Clinical Preventive Services’’.
4 (2) Section 126 of the Medicare, Medicaid, and
5 SCHIP Benefits Improvement and Protection Act of
6 2000 (Appendix F of Public Law 106–554) is
7 amended by striking ‘‘United States Preventive
8 Services Task Force’’ each place it appears and in-
9 serting ‘‘Task Force on Clinical Preventive Serv-
10 ices’’.
11 (3) Paragraph (7) of section 317D of the Pub-
12 lic Health Service Act (42 U.S.C. 247b–5) is amend-
13 ed by striking ‘‘United States Preventive Services
14 Task Force’’ each place it appears and inserting
15 ‘‘Task Force on Clinical Preventive Services’’.
16 (4) Section 915 of the Public Health Service
17 Act (42 U.S.C. 299b-4) is amended by striking sub-
18 section (a).
19 (5) Subsections (s)(2)(AA)(iii)(II), (xx)(1), and
20 (ddd)(1)(B) of section 1861 of the Social Security
21 Act (42 U.S.C. 1395x) are amended by striking
22 ‘‘United States Preventive Services Task Force’’
23 each place it appears and inserting ‘‘Task Force on
24 Clinical Preventive Services’’.

f:\VHLC\071409\071409.140.xml (444390|2)
July 14, 2009 (12:51 p.m.)
VerDate Nov 24 2008 12:51 Jul 14, 2009 Jkt 000000 PO 00000 Frm 00964 Fmt 6652 Sfmt 6201 C:\TEMP\AAHCA0~1.XML HOLCPC
 F:\P11\NHI\TRICOMM\AAHCA09_001.XML

965
1 TITLE IV—QUALITY AND
2 SURVEILLANCE
3 SEC. 2401. IMPLEMENTATION OF BEST PRACTICES IN THE

4 DELIVERY OF HEALTH CARE.

5 (a) IN GENERAL.—Title IX of the Public Health

6 Service Act (42 U.S.C. 299 et seq.) is amended—
7 (1) by redesignating part D as part E;
8 (2) by redesignating sections 931 through 938
9 as sections 941 through 948, respectively;
10 (3) in section 938(1), by striking ‘‘931’’ and in-
11 serting ‘‘941’’; and
12 (4) by inserting after part C the following:
13 ‘‘PART D—IMPLEMENTATION OF BEST

14 PRACTICES IN THE DELIVERY OF HEALTH CARE

15 ‘‘SEC. 931. CENTER FOR QUALITY IMPROVEMENT.

16 ‘‘(a) IN GENERAL.—There is established the Center

17 for Quality Improvement (referred to in this part as the
18 ‘Center’), to be headed by the Director.
19 ‘‘(b) PRIORITIZATION.—
20 ‘‘(1) IN GENERAL.—The Director shall
21 prioritize areas for the identification, development,
22 evaluation, and implementation of best practices (in-
23 cluding innovative methodologies and strategies) for
24 quality improvement activities in the delivery of

f:\VHLC\071409\071409.140.xml (444390|2)
July 14, 2009 (12:51 p.m.)
VerDate Nov 24 2008 12:51 Jul 14, 2009 Jkt 000000 PO 00000 Frm 00965 Fmt 6652 Sfmt 6201 C:\TEMP\AAHCA0~1.XML HOLCPC
 F:\P11\NHI\TRICOMM\AAHCA09_001.XML

966
1 health care services (in this section referred to as
2 ‘best practices’).
3 ‘‘(2) CONSIDERATIONS.—In prioritizing areas
4 under paragraph (1), the Director shall consider—
5 ‘‘(A) the priorities established under sec-
6 tion 1191 of the Social Security Act; and
7 ‘‘(B) the key health indicators identified by
8 the Assistant Secretary for Health Information
9 under section 1709.
10 ‘‘(c) OTHER RESPONSIBILITIES.—The Director, act-
11 ing directly or by awarding a grant or contract to an eligi-
12 ble entity, shall—
13 ‘‘(1) identify existing best practices under sub-
14 section (e);
15 ‘‘(2) develop new best practices under sub-
16 section (f);
17 ‘‘(3) evaluate best practices under subsection
18 (g);
19 ‘‘(4) implement best practices under subsection
20 (h);
21 ‘‘(5) ensure that best practices are identified,
22 developed, evaluated, and implemented under this
23 section consistent with standards adopted by the
24 Secretary under section 3004 for health information
25 technology used in the collection and reporting of

f:\VHLC\071409\071409.140.xml (444390|2)
July 14, 2009 (12:51 p.m.)
VerDate Nov 24 2008 12:51 Jul 14, 2009 Jkt 000000 PO 00000 Frm 00966 Fmt 6652 Sfmt 6201 C:\TEMP\AAHCA0~1.XML HOLCPC
 F:\P11\NHI\TRICOMM\AAHCA09_001.XML

967
1 quality information (including for purposes of the
2 demonstration of meaningful use of certified elec-
3 tronic health record (EHR) technology by physicians
4 and hospitals under the Medicare program (under
5 sections 1848(o)(2) and 1886(n)(3), respectively, of
6 the Social Security Act)); and
7 ‘‘(6) provide for dissemination of information
8 and reporting under subsections (i) and (j).
9 ‘‘(d) ELIGIBILITY.—To be eligible for a grant or con-
10 tract under subsection (c), an entity shall—
11 ‘‘(1) be a nonprofit entity;
12 ‘‘(2) agree to work with a variety of institu-
13 tional health care providers, physicians, nurses, and
14 other health care practitioners; and
15 ‘‘(3) if the entity is not the organization holding
16 a contract under section 1153 of the Social Security
17 Act for the area to be served, agree to cooperate
18 with and avoid duplication of the activities of such
19 organization.
20 ‘‘(e) IDENTIFYING EXISTING BEST PRACTICES.—The
21 Secretary shall identify best practices that are—
22 ‘‘(1) currently utilized by health care providers
23 (including hospitals, physician and other clinician
24 practices, community cooperatives, and other health

f:\VHLC\071409\071409.140.xml (444390|2)
July 14, 2009 (12:51 p.m.)
VerDate Nov 24 2008 12:51 Jul 14, 2009 Jkt 000000 PO 00000 Frm 00967 Fmt 6652 Sfmt 6201 C:\TEMP\AAHCA0~1.XML HOLCPC
 F:\P11\NHI\TRICOMM\AAHCA09_001.XML

968
1 care entities) that deliver consistently high-quality,
2 efficient health care services; and
3 ‘‘(2) easily adapted for use by other health care
4 providers and for use across a variety of health care
5 settings.
6 ‘‘(f) DEVELOPING NEW BEST PRACTICES.—The Sec-
7 retary shall develop best practices that are—
8 ‘‘(1) based on a review of existing scientific evi-
9 dence;
10 ‘‘(2) sufficiently detailed for implementation
11 and incorporation into the workflow of health care
12 providers; and
13 ‘‘(3) designed to be easily adapted for use by
14 health care providers across a variety of health care
15 settings.
16 ‘‘(g) EVALUATION OF BEST PRACTICES.—The Direc-
17 tor shall evaluate best practices identified or developed
18 under this section. Such evaluation—
19 ‘‘(1) shall include determinations of which best
20 practices—
21 ‘‘(A) most reliably and effectively achieve
22 significant progress in improving the quality of
23 patient care; and

f:\VHLC\071409\071409.140.xml (444390|2)
July 14, 2009 (12:51 p.m.)
VerDate Nov 24 2008 12:51 Jul 14, 2009 Jkt 000000 PO 00000 Frm 00968 Fmt 6652 Sfmt 6201 C:\TEMP\AAHCA0~1.XML HOLCPC