S 1880 IS
106th CONGRESS
1st Session
S. 1880
To amend the Public Health Service Act to improve the health of
minority individuals.
IN THE SENATE OF THE UNITED STATES
November 8, 1999
Mr. KENNEDY (for himself, Mr. AKAKA, Mr. INOUYE, Mrs. LINCOLN, and Mr.
WELLSTONE) introduced the following bill; which was read twice and referred to
the Committee on Health, Education, Labor, and Pensions
A BILL
To amend the Public Health Service Act to improve the health of
minority individuals.
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 `Health Care Fairness Act of
1999'.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--IMPROVING MINORITY HEALTH THROUGH THE NATIONAL INSTITUTES OF
HEALTH
Sec. 101. Research on minority health.
`Part J--Research on Minority Health
`Sec. 499A. Establishment of Center.
`Sec. 499B. Advisory Council.
`Sec. 499C. Comprehensive plan and budget.
`Sec. 499D. Center funding.
`Sec. 499E. Centers of excellence for research on health disparities and
training.
`Sec. 499F. Loan repayment program for biomedical research.
`Sec. 499G. Additional authorities.
`Sec. 499H. General provisions regarding the Center.
TITLE II--MEDICAL EDUCATION
Sec. 201. Grants for health care education curricula development.
Sec. 202. National Conference on Continuing Health Professional
Education and Disparity in Health Outcomes.
Sec. 203. Advisory Committee.
Sec. 204. Cultural competency clearinghouse.
TITLE III--MINORITY HEALTH RESEARCH BY THE AGENCY FOR HEALTH CARE POLICY AND
RESEARCH
Sec. 301. Minority health research by the Agency for Health Care Policy
and Research.
TITLE IV--DATA COLLECTION RELATING TO RACE OR ETHNICITY
Sec. 401. Study and report by National Academy of Sciences.
TITLE V--PUBLIC AWARENESS
Sec. 501. Public awareness.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States ranks below most industrialized nations in health
status as measured by longevity, sickness, and mortality.
(2) The United States ranks 24th among industrialized nations in infant
mortality.
(3) This poor rank in health status is attributed in large measure to
the lower health status of America's minority populations.
(4) Many minority groups suffer disproportionately from cancer.
Disparities exist in both mortality and incidence rates. For men and women
combined, African Americans have a cancer death rate about 35 percent higher
than that for whites. Paralleling the death rate, the incidence rate for
lung cancer in African American men is about 50 percent higher than white
men. Native Hawaiian men also have elevated rates of lung cancer compared
with white men. Alaskan Native men and women suffer from higher rates of
cancers of the colon and rectum than do whites. Vietnamese women in the
United States have a cervical cancer incidence rate more than 5 times
greater than white women. Hispanic women also suffer elevated rates of
cervical cancer.
(5) Infant death rates among African American, Native Americans and
Alaskan Natives, and Hispanics were well above the national average. The
greatest disparity exists for African Americans. The overall Native American
rate does not reflect the diversity among Indian communities, some of which
have infant mortality rates approaching twice the national rate.
(6) Sudden infant death syndrome (referred to in this section as `SIDS')
accounts for approximately 10 percent of all infant deaths in the first year
of life. Minority populations are at greater risk for SIDS. In addition to
the greater risks among African Americans, the rates are 3 to 4 times as
high for some Native American and Alaskan Native populations.
(7) Cardiovascular disease is the leading cause of death for all racial
and ethnic groups. Major disparities exist among population groups, with a
disproportionate burden of death and disability from cardiovascular disease
in minority and low-income populations. Stroke is the only leading cause of
death for which mortality is higher for Asian-American males than for white
males.
(8) Racial and ethnic minorities have higher rates of hypertension, tend
to develop hypertension at an earlier age, and are less likely to undergo
treatment to control their high blood pressure.
(9) Diabetes, the seventh leading cause of death in the United States,
is a serious public health problem affecting racial and ethnic communities.
The prevalence of diabetes in African Americans is approximately 70 percent
higher than whites and the prevalence in Hispanics is nearly double that of
whites. The prevalence rate of diabetes among Native Americans and Alaskan
Natives is more than twice that for the total population and at least 1
tribe, the Pimas of Arizona, have the highest known prevalence of diabetes
of any population in the world.
(10) The human immunodeficiency virus (referred to in this section as
`HIV'), which causes acquired immune deficiency syndrome (referred to in
this section as `AIDS'), results in disproportionate suffering in minority
populations. Minority persons represent 25 percent of the total United
States population, but 54 percent of all cases of AIDS.
(11) More than 75 percent of AIDS cases reported among women and
children occur in minority women and children.
(12) Nearly 2 of 5 (38 percent) Hispanic adults, 1 of 4 (24 percent)
African American adults, and 1 of 4 (24 percent) Asian-American adults are
uninsured, compared with 1 of 7 (14 percent) white adults.
(13) Elderly minorities experience disparities in access to care and
health status, in part because medicare covers only half the health care
expenses of older Americans.
(14) Two of 5 Hispanic and 2 of 5 African Americans age 65 and older
rate their health status as fair or poor, compared with less than 1 of 4 (23
percent) white Americans 65 and over.
(15) Nearly 2 of 5 (39 percent) African American adults and almost half
(46 percent) of Hispanic adults report that they do not have a regular
doctor, compared with 1 of 4 (26 percent) of white adults.
(16) Minority Americans 65 and older are less likely to have a regular
doctor or to see a specialist.
(17) Ninety percent of minority physicians produced by Historically
Black Medical Colleges live and serve in minority communities.
(18) Almost half (45 percent) of Hispanic adults, 2 of 5 (41 percent)
Asian-American adults, and more than 1 of 3 (35 percent) African American
adults report difficulty paying for medical care, compared with 1 of 4 (26
percent) white adults.
(19) Despite suffering disproportionate rates of illness, death, and
disability, minorities have not been proportionately represented in many
clinical research trials, except in studies of behavioral risk factors
associated with negative stereotypes.
(20) Culturally sensitive approaches to research are needed to encourage
minority participation in research studies.
(21) There is a national need for minority scientists in the field of
biomedical, clinical, and health services research.
(22) In 1990, only 3.3 percent of all United States medical school
faculties were underrepresented minority persons.
(23) Only 1 percent of full professors were underrepresented minority
persons in 1990.
(24) The proportion of underrepresented minorities in high academic
ranks, such as professors and associated professors, decreased from 1980 to
1990.
(25) African Americans with identical complaints of chest pain are less
likely than white Americans to be referred by physicians for sophisticated
cardiac tests.
(26) Cultural competency training in medical schools and residency
training programs has the potential to reduce disparities in health care and
health outcomes.
(27) More detailed data on health disparities is needed to--
(A) evaluate the impact that race and ethnicity have on health status,
access to care, and quality of care; and
(B) enforce existing protections for equal access to care.
TITLE I--IMPROVING MINORITY HEALTH THROUGH THE NATIONAL INSTITUTES OF
HEALTH
SEC. 101. RESEARCH ON MINORITY HEALTH.
Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is
amended by adding at the end the following:
`PART J--RESEARCH ON MINORITY HEALTH
`SEC. 499A. ESTABLISHMENT OF CENTER.
`(a) IN GENERAL- There is established within the National Institutes of
Health an organization to be known as the Center for Research on Minority
Health and Health Disparities (referred to in this part as the `Center'). The
Center shall be headed by a director, who shall be appointed by the Secretary
and shall report to the Director of the National Institutes of Health.
`(b) TASK FORCE- The Director of the Center shall chair a trans-NIH task
force that is composed of Institute Directors, NIH senior staff, and
representatives of other public health agencies, that will establish a
comprehensive plan and budget estimates under section 499C for minority health
that should be conducted or supported by the national research institutes, and
shall recommend an agenda for conducting and supporting such research.
`(1) INTERAGENCY COORDINATION OF MINORITY HEALTH RESEARCH- With respect
to minority health, the Director of the Center shall facilitate the
establishment of, and provide administrative support to, the task force
referred to in subsection (b) to plan, coordinate, and evaluate all research
conducted at or funded by NIH.
`(2) MINORITY HEALTH RESEARCH INFORMATION SYSTEM- The Director of the
Center shall establish a minority health research information system in
order to track minority-related research, training, and construction. The
system shall capture, for each minority-related research, training, or
construction project year-end data.
`(3) CONSULTATIONS- The Director of the Center shall carry out this part
(including developing and revising the plan required in section 499C) in
consultation with the Advisory Council established under section 499B, the
heads of the agencies of the
National Institutes of Health, and the advisory councils of such agencies.
`(4) COORDINATION- The Director of the Center shall act as the primary
Federal official with responsibility for monitoring all minority health
research conducted or supported by the National Institutes of Health,
and--
`(A) shall serve to represent the National Institutes of Health
minority health research program at all relevant Executive branch task
forces, committees and planning activities; and
`(B) shall maintain communications with all relevant Public Health
Service agencies and with various other departments of the Federal
Government, to ensure the timely transmission of information concerning
advances in minority health research between these various agencies for
dissemination to affected communities and health care providers.
`(1) IN GENERAL- The Director of the Center, in consultation with the
Advisory Council, shall identify areas of insufficient minority health
research at the Institutes and Centers, and shall provide funds to the
Institutes and Centers for the awarding of peer-reviewed grants for
innovative projects that address high priority areas of minority health
research that are not adequately addressed by other Institutes or
Centers.
`(2) EXCEPTIONAL CIRCUMSTANCES-
`(A) IN GENERAL- If the Director of the Center determines that the
Institutes or Centers are unwilling or unable to award a grant under
paragraph (1) for the conduct of a research project identified under such
paragraph, the Director, in consultation with the Advisory Council, shall
award 1 or more peer reviewed grants to support such research
project.
`(B) LIMITATION- The total amount of grants awarded under subparagraph
(A) for a fiscal year shall not exceed an amount equal to 10 percent of
the total final budget for the minority health disparities comprehensive
plan for the National Institutes of Health for the fiscal year, or
$130,000,000, whichever is greater.
`(3) ADMINISTRATION OF RESEARCH PROPOSALS-
`(A) REQUESTS- The Director of the Center may issue requests for
research proposals in areas identified under paragraph (2)(A).
`(B) DELEGATION- The Director of the Center may delegate
responsibility for the review and management of research proposals under
this subsection to another Institute or Center, or to the Center for
Scientific Review.
`(C) FINAL APPROVAL- The Director of the Center may issue a final
approval of research awards under paragraph (1) so long as such approval
is provided within 30 days of the date on which the award is approved by
an Institute or Center.
`(e) DEFINITIONS- In this part:
`(1) MINORITY HEALTH CONDITIONS- The term `minority health conditions',
with respect to individuals who are members of racial, ethnic, and
indigenous (including Native Americans, Alaskan Natives, and Native
Hawaiians) minority groups, means all diseases, disorders, and conditions
(including with respect to mental health)--
`(A) unique to, more serious, or more prevalent in such
individuals;
`(B) for which the factors of medical risk or types of medical
intervention are different for such individuals; or
`(C) which have been found to result in health disparities but for
which insufficient research has been conducted.
`(2) MINORITY HEALTH RESEARCH- The term `minority health research' means
basic and clinical research on minority health conditions, including
research on preventing such conditions.
`SEC. 499B. ADVISORY COUNCIL.
`(a) IN GENERAL- The Secretary shall establish an advisory council
(referred to in this part as the `Advisory Council'), pursuant to the Federal
Advisory Committee Act, for the purpose of providing advice to the Director of
the Center on carrying out this part.
`(b) COMPOSITION- The Advisory Council shall be composed of not less than
18, and not more than 24 individuals, who are not officers or employees of the
Federal Government, to be appointed by the Secretary. A majority of the
members of the Advisory Council shall be individuals with demonstrated
expertise regarding minority health issues. The Advisory Council shall include
representatives of communities impacted by racial and ethnic health
disparities. The Director of the Center shall serve as the chairperson of the
Advisory Council.
`SEC. 499C. COMPREHENSIVE PLAN AND BUDGET.
`(a) IN GENERAL- Subject to this section and other applicable law, the
Director of the Center (in consultation with the Advisory Council) and the
members of the Task Force established under section 499A, in carrying out
section 499A, shall--
`(1) establish a comprehensive plan and budget for the conduct and
support of all minority health research activities of the agencies of the
National Institutes of Health (which plan shall be first established under
this subsection not later than 12 months after the date of the enactment of
this part), which budget shall be submitted to the Secretary, the Director
of the Office of Management and Budget and Congress and included in the
annual budget justification for the National Institutes of Health;
`(2) ensure that the plan and budget establishes priorities, consistent
with sound medical and scientific judgment, among the minority health
research activities that such agencies are authorized to carry out;
`(3) ensure that the plan and budget establishes objectives regarding
such activities, describes the means for achieving the objectives, and
designates the date by which the objectives are expected to be
achieved;
`(4) ensure that all amounts appropriated for such activities are
expended in accordance with the plan and budget;
`(5) review the plan and budget not less than annually, and coordinate
revisions to the plan as appropriate; and
`(6) ensure that the plan and budget serve as a broad, binding statement
of policies regarding minority health research activities of the agencies,
but does not remove the responsibility of the heads of the agencies for the
approval of specific programs or projects, grant management, or for other
details of the daily administration of such activities, in accordance with
the plan and budget.
`(b) CERTAIN COMPONENTS- With respect to minority health research
activities of the agencies of the National Institutes of Health, the plan and
budget shall--
`(1) provide for basic research;
`(2) provide for clinical research;
`(3) provide for research that is conducted by the agencies;
`(4) provide for research that is supported by the agencies;
`(5) provide for proposals developed pursuant to solicitations by the
agencies and for proposals developed independently of such solicitations;
and
`(6) provide for prevention research, behavioral research and social
sciences research.
`(c) APPROVAL- The plan and budget established under this section are
subject to the approval of the Director of the Center and the Director of the
National Institutes of Health.
`(d) BUDGET ITEMS FOR MINORITY HEALTH- In the Budget of the United States
that is submitted to Congress by the President, the President shall, with
respect to each Institute or agency of the National Institutes of Health,
include a separate line item account for the amount that each such Institute
or agency requests for minority health activities.
`SEC. 499D. CENTER FUNDING.
`For the purpose of carrying out administrative functions related to
minority health research activities under the plan under sections 499A, 499B,
and 499C, there are authorized to be appropriated $100,000,000 for fiscal year
2000, and such sums as may be necessary for each of fiscal years 2001 through
2004.
`SEC. 499E. CENTERS OF EXCELLENCE FOR RESEARCH ON HEALTH DISPARITIES AND
TRAINING.
`(a) IN GENERAL- The Secretary, acting through the Director of the
National Institutes of Health, shall make grants to, and enter into contracts
with, designated biomedical research institutions described in subsection (c),
and other public and nonprofit health or educational entities, for the purpose
of assisting the institutions in supporting programs of excellence in
biomedical research education for under-represented minority individuals.
`(b) REQUIRED USE OF FUNDS-
`(1) IN GENERAL- The Secretary may not make a grant under subsection (a)
unless the designated biomedical research institution involved agrees,
subject to subsection (c)(1)(B), to expend the grant--
`(A) to conduct minority health research and research into the nature
of health disparities that affect racial, ethnic, and indigenous
minorities, the causes of such disparities, and remedies for such
disparities;
`(B) to train minorities as professionals in the area of biomedical
research;
`(C) to expand, remodel, renovate, or alter existing research
facilities or construct new research facilities for the purpose of
conducting biomedical research related to health disparities; or
`(D) to establish or increase an endowment fund in accordance with
paragraph (2).
`(A) IN GENERAL- Except as provided in subparagraph (B), an
institution that meets the requirements of subparagraph (B) may utilize
not to exceed 35 percent of the amounts received under a grant under
subsection (a) to establish or increase an endowment fund at the
institution. Amounts used under this subparagraph shall be dedicated
exclusively to the support of biomedical research and the associated costs
of such research.
`(B) REQUIREMENTS- To be eligible to use funds as provided for under
subparagraph (A), an institution shall not have a endowment fund that is
worth in excess of an amount equal to 50 percent of the national average
of all endowment funds at all institutions that are of the same biomedical
research discipline.
`(c) CENTERS OF EXCELLENCE-
`(1) GENERAL CONDITIONS- The conditions specified in this paragraph are
that a designated biomedical research institution--
`(A) has a significant number of under-represented minority
individuals enrolled in the institution, including individuals accepted
for enrollment in the institution;
`(B) has been effective in assisting under-represented minority
students of the institution to complete the program of education and
receive the degree involved;
`(C) has been effective in recruiting under-represented minority
individuals to enroll in and graduate from the institution, including
providing scholarships and other financial assistance to such individuals
and encouraging under-represented minority students from all levels of the
educational pipeline to pursue biomedical research careers; and
`(D) has made significant recruitment efforts to increase the number
of under-represented minority individuals serving in faculty or
administrative positions at the institution.
`(2) CONSORTIUM- Any designated biomedical research institution involved
may, with other biomedical institutions (designated or otherwise) form a
consortium to carry out the purposes described in subsection (b) at the
institutions of the consortium.
`(3) APPLICATION OF CRITERIA TO OTHER PROGRAMS- In the case of any
criteria established by the Secretary for purposes of determining whether
institutions meet the conditions described in paragraph (1), this section
may not, with respect to racial, ethnic, and indigenous minorities, be
construed to authorize, require, or prohibit the use of such criteria in any
program other than the program established in this section.
`(d) DURATION OF GRANT- The period during which payments are made under a
grant under subsection (a) may not exceed 5 years. Such payments shall be
subject to annual approval by the Secretary and to the availability of
appropriations for the fiscal year involved to make the payments.
`(e) DEFINITIONS- In this section:
`(1) MINORITY- The term `minority' means an individual from a racial or
ethnic group that is under-represented in health research.
`(2) PROGRAM OF EXCELLENCE- The term `program of excellence' means any
program carried out by a designated biomedical research institution with a
grant made under subsection (a), if the program is for purposes for which
the institution involved is authorized in subsection (b) or (c) to expend
the grant.
`(1) AUTHORIZATION OF APPROPRIATIONS- For the purpose of making grants
under subsection (a), there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2000 through 2004.
`(2) NO LIMITATION- Nothing in this subsection shall be construed as
limiting the centers of excellence referred to in this section to the
designated amount, or to preclude such entities from competing for other
grants under this section.
`(3) MAINTENANCE OF EFFORT-
`(A) IN GENERAL- With respect to activities for which a grant made
under this part are authorized to be expended, the Secretary may not make
such a grant to a center of excellence for any fiscal year unless the
center agrees to maintain expenditures of non-Federal amounts for such
activities at a level that is not less than the level of such expenditures
maintained by the center for the fiscal year preceding the fiscal year for
which the institution receives such a grant.
`(B) USE OF FEDERAL FUNDS- With respect to any Federal amounts
received by a center of excellence and available for carrying out
activities for which a grant under this part is authorized to be expended,
the Secretary may not make such a grant to the center for any fiscal year
unless the center agrees that the center will, before expending the grant,
expend the Federal amounts obtained from sources other than the
grant.
`SEC. 499F. LOAN REPAYMENT PROGRAM FOR BIOMEDICAL RESEARCH.
`(a) IN GENERAL- The Secretary, acting through the Director of the
National Institutes of Health, shall establish a program of entering into
contracts with qualified health professionals under which such health
professionals agree to engage in minority health research or research into the
nature of health disparities that affect racial, ethnic, and indigenous
populations, in consideration of the Federal Government agreeing to repay, for
each year of such service, not more than $35,000 of the principal and interest
of the educational loans of such health professionals.
`(b) SERVICE PROVISIONS- The provisions of sections 338B, 338C, and 338E
shall, except as inconsistent with subsection (a), apply to the program
established in such subsection (a) to the same extent and in the same manner
as such provisions apply to the National Health Service Corps Loan Repayment
Program established in subpart III of part D of title III.
`(c) AVAILABILITY OF APPROPRIATIONS- Amounts available for carrying out
this section shall remain available until the expiration of the second fiscal
year beginning after the fiscal year for which the amounts were made
available.
`(d) HEALTH DISPARITIES- In carrying out this section, the Secretary shall
take steps sufficient to ensure the active participation of appropriately
qualified minority heath professionals, including extensive outreach and
recruitment efforts. In complying with this subsection, the Secretary shall
waive the requirement that the recipients of loan repayment assistance agree
to engage in minority health research or research into the nature of health
disparities that affect racial, ethnic and indigenous populations.
`(e) AUTHORIZATION OF APPROPRIATIONS- For the purpose of carrying out this
section, there are authorized
to be appropriated such sums as may be necessary for each of the fiscal years
2000 through 2004.
`SEC. 499G. ADDITIONAL AUTHORITIES.
`(a) IN GENERAL- In overseeing and supporting minority health research,
the Director of the Center--
`(1) shall assist the Director of the National Center for Research
Resources in carrying out section 481(c)(3) and in committing resources for
construction at Institutions of Emerging Excellence;
`(2) shall assist in the administration of section 492B with respect to
the inclusion of members of minority groups as subjects in clinical
research; and
`(3) subject to section 405(b)(2) and without regard to section 3324 of
title 31, United States Code, and section 3709 of the Revised Statutes (41
U.S.C. 5), may enter into such contracts and cooperative agreements with any
public agency, or with any person, firm, association, corporation, or
educational institution, as may be necessary to expedite and coordinate
minority health research.
`(b) REPORT TO CONGRESS AND THE SECRETARY- The Director of the Center
shall each fiscal year prepare and submit to the appropriate committees of
Congress and the Secretary a report--
`(1) describing and evaluating the progress made in such fiscal year in
minority health research conducted or supported by the Institutes;
`(2) summarizing and analyzing expenditures made in such fiscal year for
activities with respect to minority health research conducted or supported
by the National Institutes of Health; and
`(3) containing such recommendations as the Director considers
appropriate.
`(c) PROJECTS FOR COOPERATION AMONG PUBLIC AND PRIVATE HEALTH ENTITIES- In
carrying out subsection (a), the Director of the Center shall establish
projects to promote cooperation among Federal agencies, State, local, and
regional public health agencies, and private entities, in minority health
research.
`SEC. 499H. GENERAL PROVISIONS REGARDING THE CENTER.
`(a) ADMINISTRATIVE SUPPORT FOR CENTER- The Secretary, acting through the
Director of the National Institutes of Health, shall provide administrative
support and support services to the Director of the Center and shall ensure
that such support takes maximum advantage of existing administrative
structures at the agencies of the National Institutes of Health.
`(b) REQUIRED EXPERTISE- The Director of the Center, in consultation with
the Advisory Council and the Center for Scientific Review, shall ensure that
scientists with appropriate expertise in research on minority health are
incorporated into the review, oversight, and management processes of all
research projects in the National Institutes of Health minority health
research program and other activities under such program.
`(c) TECHNICAL ASSISTANCE- The Director of the Center, in consultation
with the directors of the national research institutes and centers, shall
ensure that appropriate technical assistance is available to applicants for
all research projects and other activities supported by the National
Institutes of Health minority health research program.
`(d) EVALUATION AND REPORT-
`(1) EVALUATION- Not later than 5 years after the date of the enactment
of this part, the Secretary shall conduct an evaluation to--
`(A) determine the effect of this section on the planning and
coordination of the minority health research programs at the institutes,
centers and divisions of the National Institutes of Health;
`(B) evaluate the extent to which this part has eliminated the
duplication of administrative resources among such Institutes, centers and
divisions; and
`(C) provide recommendations concerning future alterations with
respect to this part.
`(2) REPORT- Not later than 1 year after the date on which the
evaluation is commenced under paragraph (1), the Secretary shall prepare and
submit to the Committee on Health, Education, Labor, and Pensions of the
Senate, and the Committee on Commerce of the House of Representatives, a
report concerning the results of such evaluation.'.
TITLE II--MEDICAL EDUCATION
SEC. 201. GRANTS FOR HEALTH CARE EDUCATION CURRICULA DEVELOPMENT.
Part F of title VII of the Public Health Service Act (42 U.S.C. 295j et
seq.) is amended by inserting after section 791 the following:
`SEC. 791A. GRANTS FOR HEALTH PROFESSIONS EDUCATION CURRICULA
DEVELOPMENT.
`(a) GRANTS FOR GRADUATE EDUCATION CURRICULA DEVELOPMENT-
`(1) IN GENERAL- The Secretary, acting through the Administrator for the
Health Resources and Services Administration and in collaboration with the
Administrator for Health Care Policy and Research and the Deputy Assistant
Secretary for Minority Health, may make awards of grants, contracts, or
cooperative agreements to public and nonprofit private entities for the
purpose of carrying out research projects and demonstration projects to
develop curricula to reduce disparity in health care outcomes, including
curricula and faculty development for cultural competency in graduate and
undergraduate health professions education.
`(2) ELIGIBILITY- To be eligible to receive a grant, contract or
cooperative agreements under paragraph (1), an entity shall--
`(A) be a school of medicine, school of osteopathic medicine, school
of dentistry, school of public health, school of nursing, school of
pharmacy, school of allied health, or other recognized health profession
school; and
`(B) prepare and submit to the Secretary an application at such time,
in such manner, and containing such information as the Secretary may
require.
`(3) USE OF FUNDS- An entity shall use amounts received under a grant
under paragraph (1)
to carry out research projects and demonstration projects to develop
curricula to reduce disparity in health care outcomes, including curricula for
cultural competency in graduate medical education. Such curricula shall focus on
the need to remove bias from health care at a personal level as well as at a
systematic level.
`(4) NUMBER OF GRANTS AND GRANT TERM- The Secretary shall award not to
exceed 20 grants, contracts or cooperative agreements (or combination
thereof) under paragraph (1) in each of the first and second fiscal years
for which funds are available under subsection (f). The term of each such
grant, contract or cooperative agreement shall be 3 years.
`(b) GRANTS FOR CONTINUING HEALTH PROFESSIONAL EDUCATION CURRICULA
DEVELOPMENT-
`(1) IN GENERAL- The Secretary, acting through the Health Resources and
Services Administration and the Agency for Health Care Policy and Research
and in collaboration with the Office of Minority Health, shall award grants,
contracts or cooperative agreements to eligible entities for the
establishment of demonstration projects to develop curricula to reduce
disparity in health care and health outcomes, including curricula for
cultural competency, in continuing medical education.
`(2) ELIGIBILITY- To be eligible to receive a grant, contract, or
cooperative agreement under paragraph (1) an entity shall--
`(A) be a school of medicine, school of osteopathic medicine, school
of dentistry, school of public health, school of nursing, school of
pharmacy, school of allied health, or other recognized health profession
school; and
`(B) prepare and submit to the Secretary an application at such time,
in such manner, and containing such information as the Secretary may
require.
`(3) USE OF FUNDS- An entity shall use amounts received under a grant,
contract, or cooperative agreement under paragraph (1) to develop and
evaluate the effect and impact of curricula for continuing medical education
courses or programs to provide education concerning issues relating to
disparity in health care and health outcomes, including cultural competency
of health professionals. Such curricula shall focus on the need to remove
bias from health care at a personal level as well as at a systemic
level.
`(4) NUMBER OF GRANTS AND GRANT TERM- The Secretary shall award not to
exceed 20 grants, contracts, or cooperative under paragraph (1) in each of
the first and second fiscal years for which funds are available under
subsection (f). The term of each such grant shall be 3 years.
`(c) DISTRIBUTION OF PROJECTS- The Secretary shall ensure that, to the
extent practicable, projects under subsections (a) and (b) are carried out in
each of the principal geographic regions of the United States and address
issues associated with different minority groups and health professions.
`(d) MONITORING- An entity that receives a grant, contract or cooperative
agreement under subsection (a) or (b) shall ensure that procedures are in
place to monitor activities undertaken using grant, contract or cooperative
agreement funds. Such entity shall annually prepare and submit to the
Secretary a report concerning the effectiveness of curricula developed under
the grant contract or cooperative agreement.
`(e) REPORT TO CONGRESS- Not later than January 1, 2002, the Secretary
shall prepare and submit to the appropriate committees of Congress, a report
concerning the effectiveness of programs funded under this section and a plan
to encourage the implementation and utilization of curricula to reduce
disparity in health care and health outcomes. A final report shall be
submitted by the Secretary not later than January 1, 2004.
`(f) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section, $3,500,000 for fiscal year 2000,
$7,000,000 for fiscal year 2001, $7,000,000 for fiscal year 2002, and
$3,500,000 for fiscal year 2003.'.
SEC. 202. NATIONAL CONFERENCE ON CONTINUING HEALTH PROFESSIONAL EDUCATION
AND DISPARITY IN HEALTH OUTCOMES.
(a) IN GENERAL- Not later than 1 year after the date of enactment of this
Act, the Secretary of Health and Human Services shall convene a national
conference on continuing health professions education as a method for reducing
disparity in health care and health outcomes, including continuing medical
education on cultural competency. The conference shall include sessions to
address measurements of outcomes to assess the effectiveness of curricula in
reducing disparity.
(b) PARTICIPANTS- The Secretary of Health and Human Services shall invite
minority health advocacy groups, health education entities described in
section 741(b)(1) of the Public Health Service Act (as added by section 201),
and other interested parties to attend the conference under subsection (a).
(c) ISSUES- The national conference convened under subsection (a) shall
address issues relating to the role of continuing medical education in the
effort to reduce disparity in health care and health outcomes, including the
role of continuing medical education in improving the cultural competency of
health professionals and health professions faculty. The conference shall
focus on methods to achieve reductions in the disparities in health care and
health outcomes through continuing medical education courses or programs and
on strategies for measuring the effectiveness of curricula to reduce
disparities.
(d) PUBLICATION OF FINDINGS- Not later than 6 months after the convening
of the national conference under subsection (a), the Secretary of Health and
Human Services shall publish in the Federal Register a summary of the
proceedings and the findings of the conference.
(e) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 203. ADVISORY COMMITTEE.
(a) ESTABLISHMENT- The Secretary of Health and Human Services shall
establish an advisory committee to provide advice to the Secretary on matters
related to the
development, implementation, and evaluation of graduate and continuing
education curricula for health care professionals to decrease the disparity in
health care and health outcomes, including curricula on cultural competency as a
method of eliminating health disparity.
(b) MEMBERSHIP- Not later than 3 months after the date on which amounts
are appropriated to carry out this section, the Secretary of Health and Human
Services shall appoint the members of the advisory committee. Such members
shall be appointed from among individuals who--
(1) unless otherwise specified, are not officers or employees of the
Federal Government;
(2) are experienced in issues relating to health disparity; and
(3) meet such other requirements as the Secretary determines
appropriate;
and shall include a representative of the Office of Minority Health under
section 1707 of the Public Health Service Act (42 U.S.C. 300u-6) and such
other representatives of offices and agencies of the Public Health Service as
the Secretary determines to be appropriate. The Secretary shall ensure that
members of minority communities are well represented on the advisory
committee. Such representatives shall include 1 or more individuals who serve
on the advisory committee under section 1707(c) of such Act.
(c) COLLABORATION- The advisory committee shall carry out its duties under
this section in collaboration with the Office of Minority Health of the
Department of Health and Human Services, and other offices, centers, and
institutes of the Department of Health and Human Services, and other Federal
agencies.
(d) TERMINATION- The advisory committee shall terminate on the date that
is 4 years after the date on which the first member of the committee is
appointed.
(e) EXISTING COMMITTEE- The Secretary may designate an existing advisory
committee operating under the authority of the Office of Minority Health of
the Department of Health and Human Services to serve as the advisory committee
under this section.
SEC. 204. CULTURAL COMPETENCY CLEARINGHOUSE.
(a) ESTABLISHMENT- The Director of the Office of Minority Health of the
Department of Health and Human Services shall establish within the Resource
Center of the Office of Minority Health, or through the awarding of a contract
provide for the establishment of, an information clearinghouse for curricula
to reduce racial and ethnic disparity in health care and health outcomes. The
clearinghouse shall facilitate and enhance, through the effective
dissemination of information, knowledge and understanding of practices that
lead to decreases in the disparity of health across minority and ethnic
groups, including curricula for continuing medical education to develop
cultural competency in health care professionals.
(b) AVAILABILITY OF INFORMATION- Information contained in the
clearinghouse shall be made available to minority health advocacy groups,
health education entities described in section 791A(b)(2)(A) of the Public
Health Service Act (as added by section 201), health maintenance
organizations, and other interested parties.
(c) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated such sums as may be necessary to carry out this section.
TITLE III--MINORITY HEALTH RESEARCH BY THE AGENCY FOR HEALTH CARE POLICY
AND RESEARCH
SEC. 301. MINORITY HEALTH RESEARCH BY THE AGENCY FOR HEALTH CARE POLICY AND
RESEARCH.
(a) IN GENERAL- Part A of title IX of the Public Health Service Act (42
U.S.C. 299 et seq.) is amended by adding at the end the following:
`SEC. 906. RESEARCH ON MINORITY HEALTH DISPARITIES.
`(a) IN GENERAL- The Administrator of the Agency for Health Care Policy
and Research shall--
`(1) conduct and support research to identify how to improve the quality
and outcomes of health care services for minority populations and the causes
of health disparities for minority populations, including barriers to health
care access;
`(2) conduct and support research and support demonstration projects to
identify, test, and evaluate strategies for eliminating the disparities
described in paragraph (1) and promoting effective interventions;
`(3) develop measures for the assessment and improvement of the quality
and appropriateness of health care services provided to minority
populations; and
`(4) in carrying out 902(c), provide support to increase the number of
minority health care researchers and the health services research capacity
of institutions that train minority health care researchers.
`(b) RESEARCH AND DEMONSTRATION PROJECTS-
`(1) IN GENERAL- In carrying out subsection (a), the Administrator shall
conduct and support research to--
`(A) identify the clinical, cultural, socioeconomic, and
organizational factors that contribute to health disparities for minority
populations (including examination of patterns of clinical decisionmaking
and of the availability of support services);
`(B) identify and evaluate clinical and organizational strategies to
improve the quality, outcomes, and access to care for minority
populations;
`(C) support demonstrations to test such strategies; and
`(D) widely disseminate strategies for which there is scientific
evidence of effectiveness.
`(2) USE OF CERTAIN STRATEGIES- In carrying out this section the
Administrator shall implement research strategies and mechanisms that will
enhance the involvement of minority health services researchers,
institutions that train minority researchers, and members of minority
populations for whom the Agency is attempting to improve the quality and
outcomes of care, including--
`(A) centers of excellence that can demonstrate, either individually
or through consortia, a combination of multi-disciplinary expertise in
outcomes or quality improvement research and a demonstrated capacity to
engage minority populations in the planning, conduct and translation of
research, with linkages to relevant sites of care;
`(B) provider-based research networks, including health plans,
facilities, or delivery system sites of care (especially primary care),
that make extensive use of minority health care providers or serve
minority patient populations and have the capacity to evaluate and promote
quality improvement; and
`(C) other innovative mechanisms or strategies that will facilitate
the translation of past research investments into clinical practices that
can reasonably be expected to benefit these populations.
`(c) QUALITY MEASUREMENT DEVELOPMENT-
`(1) IN GENERAL- To ensure that minority populations benefit from the
progress made in the ability of individuals to measure the quality of health
care delivery, the Administrator of the Agency for Health Care Policy and
Research shall support the development of quality of health care measures
that assess the experience of minority populations with health care systems,
such as measures that assess the access of minority populations to health
care, the cultural competence of the care provided, the quality of the care
provided, the outcomes of care, or other aspects of health care practice
that the Administrator determines to be important.
`(2) REPORT- Not later than 24 months after the date of enactment of
this section, the Secretary, acting through the Administrator, shall prepare
and submit to the appropriate committees of Congress a report describing the
state-of-the-art of quality measurement for minority populations which will
identify critical unmet needs, the current activities of the Department to
address those needs, and a description of related activities in the private
sector.'.
(b) FUNDING- Section 926 of the Public Health Service Act (42 U.S.C.
299c-5) is amended by adding at the end the following:
`(f) MINORITY HEALTH DISPARITIES RESEARCH- For the purpose of carrying out
the activities under section 906, there are authorized to be appropriated such
sums as may be necessary for each of the fiscal years 2000 through 2004.'.
TITLE IV--DATA COLLECTION RELATING TO RACE OR ETHNICITY
SEC. 401. STUDY AND REPORT BY NATIONAL ACADEMY OF SCIENCES.
(a) STUDY- The Secretary of Health and Human Services shall enter into a
contract with the National Academy of Sciences for the conduct of a
comprehensive study of the Department of Health and Human Services' data
collection systems and practices, and any data collection or reporting systems
required under any of the programs or activities of the Department, relating
to the collection of data on race or ethnicity, including other Federal data
collection systems (such as the Social Security Administration) with which the
Department interacts to collect relevant data on race and ethnicity.
(b) REPORT- Not later than 1 year after the date of enactment of this Act,
the National Academy of Sciences shall prepare and submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee on
Commerce of the House of Representatives, a report that--
(1) identifies the data needed to support efforts to evaluate the
effects of race and ethnicity on access to and quality of health care and
other services and on disparity in health and other social outcomes, the
data needed to define appropriate quality of care measures to assess the
equivalence of health care outcomes in health care payer systems, and the
data needed to enforce existing protections for equal access to health
care;
(2) examines the effectiveness of the systems and practices of the
Department of Health and Human Services described in subsection (a),
including demonstration projects of the Department, and the effectiveness of
selected systems and practices of other Federal and State agencies and the
private sector, in collecting and analyzing such data;
(3) contains recommendations for ensuring that the Department of Health
and Human Services, in administering its entire array of programs and
activities, collects, or causes to be collected, accurate and complete
information relating to race and ethnicity as may be necessary to monitor
access to and quality of health care and to ensure the capability to monitor
and enforce civil rights laws; and
(4) includes projections about the costs associated with the
implementation of the recommendations described in paragraph (3), and the
possible effects of the costs on program operations.
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated such sums as may be necessary for fiscal year 2000 to carry out
this section.
TITLE V--PUBLIC AWARENESS
SEC. 501. PUBLIC AWARENESS.
(a) PUBLIC AWARENESS CAMPAIGN- The Secretary of Health and Human Services,
acting through the Surgeon General and the Director of the Office for Civil
Rights, shall conduct a national media campaign for the purpose of informing
the public about racial and ethnic disparities in health care and health
outcomes.
(b) AUTHORIZATION OF APPROPRIATIONS- For the purpose of carrying out
subsection (a), there are authorized to be appropriated such sums as may be
necessary for fiscal year 2000.
END