---
kind: "section"
citation: "42 U.S.C. § 299b–5"
title: "42"
title_heading: "The Public Health and Welfare"
number: "299b–5"
heading: "Health care practice and technology innovation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/299b-5"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter VII — Agency for Healthcare Research and Quality"
  - "Part B — Health Care Improvement Research"
---

# §299b–5. Health care practice and technology innovation

- (a) **In general—** The [Director](/usc/42/11851.md?p=5) shall promote innovation in evidence-based health care [practices](/usc/42/17061.md?p=19) and technologies by—
  - (1) conducting and supporting research on the development, diffusion, and use of health care technology;
  - (2) developing, evaluating, and disseminating methodologies for assessments of health care [practices](/usc/42/17061.md?p=19) and technologies;
  - (3) conducting intramural and supporting extramural assessments of existing and new health care [practices](/usc/42/17061.md?p=19) and technologies;
  - (4) promoting education and training and providing technical assistance in the use of health care practice and technology assessment methodologies and results; and
  - (5) working with the National Library of Medicine and the public and private sector to develop an electronic clearinghouse of currently available assessments and those in progress.
- (b) **Specification of process—**
  - (1) **In general—** Not later than December 31, 2000, the [Director](/usc/42/11851.md?p=5) shall develop and publish a description of the methods used by the [Agency](/usc/42/8262.md?p=1) and its contractors for health care practice and technology assessment.
  - (2) **Consultations—** In carrying out this subsection, the [Director](/usc/42/11851.md?p=5) shall cooperate and consult with the Assistant [Secretary](/usc/42/201.md?p=c) for Health, the [Administrator](/usc/42/4005.md?p=1) of the Centers for Medicare & Medicaid [Services](/usc/42/201.md?p=a), the [Director](/usc/42/11851.md?p=5) of the National Institutes of Health, the Commissioner of Food and [Drugs](/usc/42/11851.md?p=4), and the heads of any other interested Federal department or [agency](/usc/42/8262.md?p=1), and shall seek input, where appropriate, from professional societies and other private and public entities.
  - (3) **Methodology—** The [Director](/usc/42/11851.md?p=5) shall, in developing the methods used under [paragraph (1)](#b-1), consider—
    - (A) safety, efficacy, and effectiveness;
    - (B) legal, social, and ethical implications;
    - (C) costs, benefits, and cost-effectiveness;
    - (D) comparisons to alternate health care [practices](/usc/42/17061.md?p=19) and technologies; and
    - (E) requirements of Food and [Drug](/usc/42/11851.md?p=4) Administration approval to avoid duplication.
- (c) **Specific assessments—**
  - (1) **In general—** The [Director](/usc/42/11851.md?p=5) shall conduct or support specific assessments of health care technologies and [practices](/usc/42/17061.md?p=19).
  - (2) **Requests for assessments—** The [Director](/usc/42/11851.md?p=5) is authorized to conduct or support assessments, on a reimbursable basis, for the Centers for Medicare & Medicaid [Services](/usc/42/201.md?p=a), the Department of Defense, the Department of Veterans Affairs, the Office of Personnel Management, and other public or private entities.
  - (3) **Grants and contracts—** In addition to conducting assessments, the [Director](/usc/42/11851.md?p=5) may make grants to, or enter into cooperative agreements or contracts with, entities described in [paragraph (4)](#c-4) for the purpose of conducting assessments of experimental, emerging, existing, or potentially outmoded health care technologies, and for related activities.
  - (4) **Eligible entities—** An entity described in this paragraph is an entity that is determined to be appropriate by the [Director](/usc/42/11851.md?p=5), including academic medical centers, research institutions and organizations, professional organizations, third party payers, governmental [agencies](/usc/42/8262.md?p=1), minority institutions of higher education (such as Historically Black Colleges and Universities, and Hispanic institutions), and consortia of appropriate research entities established for the purpose of conducting technology assessments.
- (d) **Medical examination of certain victims—**
  - (1) **In general—** The [Director](/usc/42/11851.md?p=5) shall develop and disseminate a report on evidence-based clinical [practices](/usc/42/17061.md?p=19) for—
    - (A) the examination and [treatment](/usc/42/11851.md?p=11) by health professionals of individuals who are victims of sexual assault (including child molestation) or attempted sexual assault; and
    - (B) the training of health professionals, in consultation with the Health Resources and [Services](/usc/42/201.md?p=a) Administration, on performing medical evidentiary examinations of individuals who are victims of child abuse or neglect, sexual assault, elder abuse, or domestic violence.
  - (2) **Certain considerations—** In identifying the issues to be addressed by the report, the [Director](/usc/42/11851.md?p=5) shall, to the extent practicable, take into consideration the expertise and experience of Federal and [State](/usc/42/201.md?p=f) law enforcement officials regarding the victims referred to in [paragraph (1)](#d-1), and of other appropriate public and private entities (including medical societies, victim [services](/usc/42/201.md?p=a) organizations, sexual assault prevention organizations, and social [services](/usc/42/201.md?p=a) organizations).

## Source credit

(July 1, 1944, ch. 373, title IX, § 916, as added Pub. L. 106–129, § 2(a), Dec. 6, 1999, 113 Stat. 1660; amended Pub. L. 108–173, title IX, § 900(e)(2)(C), Dec. 8, 2003, 117 Stat. 2372.)

## Notes

### Editorial Notes

### Amendments

2003—Subsecs. (b)(2), (c)(2). Pub. L. 108–173 substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration”.