§300ii. Definitions — Inbound Citations
42 U.S.C. § 300ii
Cited by 102 provisions in release 119-102.
Citations to 42 U.S.C. § 300ii as a whole
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(v) demonstrate an ability to use a family-centered approach, which may include collaborating with research centers or networks to provide training for providers of respite care (as defined in section 300ii of this title) or other providers, as applicable; and
Citations to §300ii(4)
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(b) Subject to subsection (e), the Secretary is authorized to award grants or cooperative agreements for the purposes described in subsection (a) to eligible State agencies for which an application is submitted pursuant to subsection (d).
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(1) Each Governor desiring the eligible State agency of his or her State to receive a grant or cooperative agreement under this section shall submit an application on behalf of such agency to the Secretary at such time, in such manner, and containing such information as the Secretary shall require.
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(A) a description of the eligible State agency’s—(ii) understanding of respite care and family caregiver issues across all age groups, disabilities, and chronic conditions; and(iii) capacity to ensure meaningful involvement of family members, family caregivers, and care recipients;
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(ix) respite care services available to family caregivers in the eligible State agency’s State or locality, including unmet needs and how the eligible State agency’s plan for use of funds will improve the coordination and distribution of respite care services for family caregivers of children and adults with special needs;
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(C) assurances that, where appropriate, the eligible State agency will have a system for maintaining the confidentiality of care recipient and family caregiver records; and
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(D) a memorandum of agreement regarding the joint responsibility for the eligible State agency’s lifespan respite program between—(i) the eligible State agency; and(ii) a public or private nonprofit statewide respite coalition or organization.
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(i) the eligible State agency; and
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(1) give priority to eligible State agencies that the Secretary determines show the greatest likelihood of implementing or enhancing lifespan respite care statewide; and
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(2) give consideration to eligible State agencies that are building or enhancing the capacity of their long-term care systems to respond to the comprehensive needs, including respite care needs, of their residents.
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(A) Each eligible State agency awarded a grant or cooperative agreement under this section shall use all or part of the funds—(i) to develop or enhance lifespan respite care at the State and local levels;(ii) to provide respite care services for family caregivers caring for children or adults;(iii) to train and recruit respite care workers and volunteers;(iv) to provide information to caregivers about available respite and support services; and(v) to assist caregivers in gaining access to such services.
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(B) Each eligible State agency awarded a grant or cooperative agreement under this section may use part of the funds for—(i) training programs for family caregivers to assist such family caregivers in making informed decisions about respite care services;(ii) other services essential to the provision of respite care as the Secretary may specify; or(iii) training and education for new caregivers.
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(2) Each eligible State agency awarded a grant or cooperative agreement under this section may carry out the activities described in paragraph (1) directly or by grant to, or contract with, public or private entities.
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(A) With respect to the costs of the activities to be carried out under paragraph (1), a condition for the receipt of a grant or cooperative agreement under this section is that the eligible State agency agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 25 percent of such costs.
Citations to §300ii(5)
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(1) to expand and enhance respite care services to family caregivers;
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(3) to provide, supplement, or improve access and quality of respite care services to family caregivers, thereby reducing family caregiver strain.
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(c) In carrying out this section, the Secretary shall work in cooperation with the National Family Caregiver Support Program of the Administration on Aging and other respite care programs within the Department of Health and Human Services to ensure coordination of respite care services for family caregivers of children and adults with special needs.
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(ii) understanding of respite care and family caregiver issues across all age groups, disabilities, and chronic conditions; and
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(iii) capacity to ensure meaningful involvement of family members, family caregivers, and care recipients;
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(B) with respect to the population of family caregivers to whom respite care information or services will be provided or for whom respite care workers and volunteers will be recruited and trained, a description of—(i) the population of family caregivers;(ii) the extent and nature of the respite care needs of that population;(iii) existing respite care services for that population, including numbers of family caregivers being served and extent of unmet need;(iv) existing methods or systems to coordinate respite care information and services to the population at the State and local level and extent of unmet need;(v) how respite care information dissemination and coordination, respite care services, respite care worker and volunteer recruitment and training programs, or training programs for family caregivers that assist such family caregivers in making informed decisions about respite care services will be provided using grant or cooperative agreement funds;(vi) a plan for administration, collaboration, and coordination of the proposed respite care activities with other related services or programs offered by public or private, nonprofit entities, including area agencies on aging;(vii) how the population, including family caregivers, care recipients, and relevant public or private agencies, will participate in the planning and implementation of the proposed respite care activities;(viii) how the proposed respite care activities will make use, to the maximum extent feasible, of other Federal, State, and local funds, programs, contributions, other forms of reimbursements, personnel, and facilities;(ix) respite care services available to family caregivers in the eligible State agency’s State or locality, including unmet needs and how the eligible State agency’s plan for use of funds will improve the coordination and distribution of respite care services for family caregivers of children and adults with special needs;(x) the criteria used to identify family caregivers eligible for respite care services;(xi) how the quality and safety of any respite care services provided will be monitored, including methods to ensure that respite care workers and volunteers are appropriately screened and possess the necessary skills to care for the needs of the care recipient in the absence of the family caregiver; and(xii) the results expected from proposed respite care activities and the procedures to be used for evaluating those results;
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(i) the population of family caregivers;
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(iii) existing respite care services for that population, including numbers of family caregivers being served and extent of unmet need;
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(ix) respite care services available to family caregivers in the eligible State agency’s State or locality, including unmet needs and how the eligible State agency’s plan for use of funds will improve the coordination and distribution of respite care services for family caregivers of children and adults with special needs;
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(v) how respite care information dissemination and coordination, respite care services, respite care worker and volunteer recruitment and training programs, or training programs for family caregivers that assist such family caregivers in making informed decisions about respite care services will be provided using grant or cooperative agreement funds;
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(vii) how the population, including family caregivers, care recipients, and relevant public or private agencies, will participate in the planning and implementation of the proposed respite care activities;
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(x) the criteria used to identify family caregivers eligible for respite care services;
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(xi) how the quality and safety of any respite care services provided will be monitored, including methods to ensure that respite care workers and volunteers are appropriately screened and possess the necessary skills to care for the needs of the care recipient in the absence of the family caregiver; and
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(C) assurances that, where appropriate, the eligible State agency will have a system for maintaining the confidentiality of care recipient and family caregiver records; and
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(ii) to provide respite care services for family caregivers caring for children or adults;
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(i) training programs for family caregivers to assist such family caregivers in making informed decisions about respite care services;
Citations to §300ii(6)
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(1) give priority to eligible State agencies that the Secretary determines show the greatest likelihood of implementing or enhancing lifespan respite care statewide; and
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(i) to develop or enhance lifespan respite care at the State and local levels;
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(a) The Secretary may award a grant or cooperative agreement to a public or private nonprofit entity to establish a National Resource Center on Lifespan Respite Care (referred to in this section as the “center”).
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(1) maintain a national database on lifespan respite care;
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(3) provide information, referral, and educational programs to the public on lifespan respite care.
Citations to §300ii(7)
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(1) to expand and enhance respite care services to family caregivers;
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(2) to improve the statewide dissemination and coordination of respite care; and
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(3) to provide, supplement, or improve access and quality of respite care services to family caregivers, thereby reducing family caregiver strain.
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(c) In carrying out this section, the Secretary shall work in cooperation with the National Family Caregiver Support Program of the Administration on Aging and other respite care programs within the Department of Health and Human Services to ensure coordination of respite care services for family caregivers of children and adults with special needs.
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(ii) understanding of respite care and family caregiver issues across all age groups, disabilities, and chronic conditions; and
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(B) with respect to the population of family caregivers to whom respite care information or services will be provided or for whom respite care workers and volunteers will be recruited and trained, a description of—(i) the population of family caregivers;(ii) the extent and nature of the respite care needs of that population;(iii) existing respite care services for that population, including numbers of family caregivers being served and extent of unmet need;(iv) existing methods or systems to coordinate respite care information and services to the population at the State and local level and extent of unmet need;(v) how respite care information dissemination and coordination, respite care services, respite care worker and volunteer recruitment and training programs, or training programs for family caregivers that assist such family caregivers in making informed decisions about respite care services will be provided using grant or cooperative agreement funds;(vi) a plan for administration, collaboration, and coordination of the proposed respite care activities with other related services or programs offered by public or private, nonprofit entities, including area agencies on aging;(vii) how the population, including family caregivers, care recipients, and relevant public or private agencies, will participate in the planning and implementation of the proposed respite care activities;(viii) how the proposed respite care activities will make use, to the maximum extent feasible, of other Federal, State, and local funds, programs, contributions, other forms of reimbursements, personnel, and facilities;(ix) respite care services available to family caregivers in the eligible State agency’s State or locality, including unmet needs and how the eligible State agency’s plan for use of funds will improve the coordination and distribution of respite care services for family caregivers of children and adults with special needs;(x) the criteria used to identify family caregivers eligible for respite care services;(xi) how the quality and safety of any respite care services provided will be monitored, including methods to ensure that respite care workers and volunteers are appropriately screened and possess the necessary skills to care for the needs of the care recipient in the absence of the family caregiver; and(xii) the results expected from proposed respite care activities and the procedures to be used for evaluating those results;
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(ii) the extent and nature of the respite care needs of that population;
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(iii) existing respite care services for that population, including numbers of family caregivers being served and extent of unmet need;
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(iv) existing methods or systems to coordinate respite care information and services to the population at the State and local level and extent of unmet need;
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(ix) respite care services available to family caregivers in the eligible State agency’s State or locality, including unmet needs and how the eligible State agency’s plan for use of funds will improve the coordination and distribution of respite care services for family caregivers of children and adults with special needs;
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(v) how respite care information dissemination and coordination, respite care services, respite care worker and volunteer recruitment and training programs, or training programs for family caregivers that assist such family caregivers in making informed decisions about respite care services will be provided using grant or cooperative agreement funds;
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(vi) a plan for administration, collaboration, and coordination of the proposed respite care activities with other related services or programs offered by public or private, nonprofit entities, including area agencies on aging;
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(vii) how the population, including family caregivers, care recipients, and relevant public or private agencies, will participate in the planning and implementation of the proposed respite care activities;
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(viii) how the proposed respite care activities will make use, to the maximum extent feasible, of other Federal, State, and local funds, programs, contributions, other forms of reimbursements, personnel, and facilities;
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(x) the criteria used to identify family caregivers eligible for respite care services;
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(xi) how the quality and safety of any respite care services provided will be monitored, including methods to ensure that respite care workers and volunteers are appropriately screened and possess the necessary skills to care for the needs of the care recipient in the absence of the family caregiver; and
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(xii) the results expected from proposed respite care activities and the procedures to be used for evaluating those results;
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(2) give consideration to eligible State agencies that are building or enhancing the capacity of their long-term care systems to respond to the comprehensive needs, including respite care needs, of their residents.
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(ii) to provide respite care services for family caregivers caring for children or adults;
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(iii) to train and recruit respite care workers and volunteers;
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(i) training programs for family caregivers to assist such family caregivers in making informed decisions about respite care services;
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(ii) other services essential to the provision of respite care as the Secretary may specify; or
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(h) Funds made available under this section shall be used to supplement and not supplant other Federal, State, and local funds available for respite care services.
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(2) provide training and technical assistance to State, community, and nonprofit respite care programs; and
Citations to §300ii(8)
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(1) Each Governor desiring the eligible State agency of his or her State to receive a grant or cooperative agreement under this section shall submit an application on behalf of such agency to the Secretary at such time, in such manner, and containing such information as the Secretary shall require.
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(iv) existing methods or systems to coordinate respite care information and services to the population at the State and local level and extent of unmet need;
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(ix) respite care services available to family caregivers in the eligible State agency’s State or locality, including unmet needs and how the eligible State agency’s plan for use of funds will improve the coordination and distribution of respite care services for family caregivers of children and adults with special needs;
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(viii) how the proposed respite care activities will make use, to the maximum extent feasible, of other Federal, State, and local funds, programs, contributions, other forms of reimbursements, personnel, and facilities;
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(i) to develop or enhance lifespan respite care at the State and local levels;
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(h) Funds made available under this section shall be used to supplement and not supplant other Federal, State, and local funds available for respite care services.
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(2) provide training and technical assistance to State, community, and nonprofit respite care programs; and
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(1) evaluating State programs and activities funded pursuant to such grant or cooperative agreement, including any results pursuant to section 300ii–1(d)(2)(B)(xii) of this title; and
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(B) allows for complete access, exchange, and use of all electronically accessible health information for authorized use under applicable State or Federal law; and
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(ii) The utilization of an electronic health record for each person in the United States by 2014.
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(E) The National Coordinator shall estimate and publish resources required annually to reach the goal of utilization of an electronic health record for each person in the United States by 2014, including—(i) the required level of Federal funding;(ii) expectations for regional, State, and private investment;(iii) the expected contributions by volunteers to activities for the utilization of such records; and(iv) the resources needed to establish a health information technology workforce sufficient to support this effort (including education programs in medical informatics and health information management).
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(ii) expectations for regional, State, and private investment;
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(e) Not later than 12 months after February 17, 2009, the Secretary shall appoint a Chief Privacy Officer of the Office of the National Coordinator, whose duty it shall be to advise the National Coordinator on privacy, security, and data stewardship of electronic health information and to coordinate with other Federal agencies (and similar privacy officers in such agencies), with State and regional efforts, and with foreign countries with regard to the privacy, security, and data stewardship of electronic individually identifiable health information.
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(viii) The use of a certified health information technology for each individual in the United States.
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(vii) such other members are appointed by the Comptroller General of the United States; and
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(4) Nothing in this subsection shall be construed to preempt State laws applicable to patient consent for the access of information through a health information exchange (or other relevant platform) that provide protections to patients that are greater than the protections otherwise provided for under applicable Federal law.
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(v) accessing and exchanging information and data held by Federal, State, and local agencies and other applicable entities useful to a health care provider or other applicable user in the furtherance of patient care;
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(a) The Secretary shall, using amounts appropriated under section 300jj–38 of this title, invest in the infrastructure necessary to allow for and promote the electronic exchange and use of health information for each individual in the United States consistent with the goals outlined in the strategic plan developed by the National Coordinator (and as available) under section 300jj–11 of this title. The Secretary shall invest funds through the different agencies with expertise in such goals, such as the Office of the National Coordinator for Health Information Technology, the Health Resources and Services Administration, the Agency for Healthcare Research and Quality, the Centers of Medicare & Medicaid Services, the Centers for Disease Control and Prevention, and the Indian Health Service to support the following:(1) Health information technology architecture that will support the nationwide electronic exchange and use of health information in a secure, private, and accurate manner, including connecting health information exchanges, and which may include updating and implementing the infrastructure necessary within different agencies of the Department of Health and Human Services to support the electronic use and exchange of health information.(2) Development and adoption of appropriate certified electronic health records for categories of health care providers not eligible for support under title XVIII or XIX of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq.] for the adoption of such records.(3) Training on and dissemination of information on best practices to integrate health information technology, including electronic health records, into a provider’s delivery of care, consistent with best practices learned from the Health Information Technology Research Center developed under section 300jj–32(b) of this title, including community health centers receiving assistance under section 254b of this title, covered entities under section 256b of this title, and providers participating in one or more of the programs under titles XVIII, XIX, and XXI of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq., 1397aa et seq.] (relating to Medicare, Medicaid, and the State Children’s Health Insurance Program).(4) Infrastructure and tools for the promotion of telemedicine, including coordination among Federal agencies in the promotion of telemedicine.(5) Promotion of the interoperability of clinical data repositories or registries.(6) Promotion of technologies and best practices that enhance the protection of health information by all holders of individually identifiable health information.(7) Improvement and expansion of the use of health information technology by public health departments.
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(3) Training on and dissemination of information on best practices to integrate health information technology, including electronic health records, into a provider’s delivery of care, consistent with best practices learned from the Health Information Technology Research Center developed under section 300jj–32(b) of this title, including community health centers receiving assistance under section 254b of this title, covered entities under section 256b of this title, and providers participating in one or more of the programs under titles XVIII, XIX, and XXI of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq., 1397aa et seq.] (relating to Medicare, Medicaid, and the State Children’s Health Insurance Program).
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(B) broad participation of individuals from industry, universities, and State governments;
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(b) The Secretary may award a grant to a State or qualified State-designated entity (as described in subsection (f)) that submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may specify, for the purpose of planning activities described in subsection (d).
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(1) has submitted, and the Secretary has approved, a plan described in subsection (e) (regardless of whether such plan was prepared using amounts awarded under subsection (b);2 and(2) submits an application at such time, in such manner, and containing such information as the Secretary may specify.
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(2) identifying State or local resources available towards a nationwide effort to promote health information technology;
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(1) A plan described in this subsection is a plan that describes the activities to be carried out by a State or by the qualified State-designated entity within such State to facilitate and expand the electronic movement and use of health information among organizations according to nationally recognized standards and implementation specifications.
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(C) include a description of the ways the State or qualified State-designated entity will carry out the activities described in subsection (b); and
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(f) For purposes of this section, to be a qualified State-designated entity, with respect to a State, an entity shall—(1) be designated by the State as eligible to receive awards under this section;(2) be a not-for-profit entity with broad stakeholder representation on its governing board;(3) demonstrate that one of its principal goals is to use information technology to improve health care quality and efficiency through the authorized and secure electronic exchange and use of health information;(4) adopt nondiscrimination and conflict of interest policies that demonstrate a commitment to open, fair, and nondiscriminatory participation by stakeholders; and(5) conform to such other requirements as the Secretary may establish.
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(1) be designated by the State as eligible to receive awards under this section;
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(g) In carrying out activities described in subsections (b) and (c), a State or qualified State-designated entity shall consult with and consider the recommendations of—(1) health care providers (including providers that provide services to low income and underserved populations);(2) health plans;(3) patient or consumer organizations that represent the population to be served;(4) health information technology vendors;(5) health care purchasers and employers;(6) public health agencies;(7) health professions schools, universities and colleges;(8) clinical researchers;(9) other users of health information technology such as the support and clerical staff of providers and others involved in the care and care coordination of patients; and(10) such other entities, as may be determined appropriate by the Secretary.
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(1) For a fiscal year (beginning with fiscal year 2011), the Secretary may not make a grant under this section to a State unless the State agrees to make available non-Federal contributions (which may include in-kind contributions) toward the costs of a grant awarded under subsection (c) in an amount equal to—(A) for fiscal year 2011, not less than $1 for each $10 of Federal funds provided under the grant;(B) for fiscal year 2012, not less than $1 for each $7 of Federal funds provided under the grant; and(C) for fiscal year 2013 and each subsequent fiscal year, not less than $1 for each $3 of Federal funds provided under the grant.
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(b) For purposes of this subsection, the term “eligible entity” means a State or Indian tribe (as defined in the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.]) that—(1) submits to the National Coordinator an application at such time, in such manner, and containing such information as the National Coordinator may require;(2) submits to the National Coordinator a strategic plan in accordance with subsection (d) and provides to the National Coordinator assurances that the entity will update such plan annually in accordance with such subsection;(3) provides assurances to the National Coordinator that the entity will establish a Loan Fund in accordance with subsection (c);(4) provides assurances to the National Coordinator that the entity will not provide a loan from the Loan Fund to a health care provider unless the provider agrees to—(A) submit reports on quality measures adopted by the Federal Government (by not later than 90 days after the date on which such measures are adopted), to—(i) the Administrator of the Centers for Medicare & Medicaid Services (or his or her designee), in the case of an entity participating in the Medicare program under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.] or the Medicaid program under title XIX of such Act [42 U.S.C. 1396 et seq.]; or(ii) the Secretary in the case of other entities;(B) demonstrate to the satisfaction of the Secretary (through criteria established by the Secretary) that any certified EHR technology purchased, improved, or otherwise financially supported under a loan under this section is used to exchange health information in a manner that, in accordance with law and standards (as adopted under section 300jj–14 of this title) applicable to the exchange of information, improves the quality of health care, such as promoting care coordination; and1(C) comply with such other requirements as the entity or the Secretary may require;(D) include a plan on how health care providers involved intend to maintain and support the certified EHR technology over time;(E) include a plan on how the health care providers involved intend to maintain and support the certified EHR technology that would be purchased with such loan, including the type of resources expected to be involved and any such other information as the State or Indian Tribe, respectively, may require; and(5) agrees to provide matching funds in accordance with subsection (h).
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(E) include a plan on how the health care providers involved intend to maintain and support the certified EHR technology that would be purchased with such loan, including the type of resources expected to be involved and any such other information as the State or Indian Tribe, respectively, may require; and
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(f) Except as otherwise limited by applicable State law, amounts deposited into a Loan Fund under this section may only be used for the following:(1) To award loans that comply with the following:(A) The interest rate for each loan shall not exceed the market interest rate.(B) The principal and interest payments on each loan shall commence not later than 1 year after the date the loan was awarded, and each loan shall be fully amortized not later than 10 years after the date of the loan.(C) The Loan Fund shall be credited with all payments of principal and interest on each loan awarded from the Loan Fund.(2) To guarantee, or purchase insurance for, a local obligation (all of the proceeds of which finance a project eligible for assistance under this subsection) if the guarantee or purchase would improve credit market access or reduce the interest rate applicable to the obligation involved.(3) As a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the eligible entity if the proceeds of the sale of the bonds will be deposited into the Loan Fund.(4) To earn interest on the amounts deposited into the Loan Fund.(5) To make reimbursements described in subsection (g)(4)(A).
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(1) An eligible entity may (as a convenience and to avoid unnecessary administrative costs) combine, in accordance with applicable State law, the financial administration of a Loan Fund established under this subsection with the financial administration of any other revolving fund established by the entity if otherwise not prohibited by the law under which the Loan Fund was established.
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(A) provisions to ensure that each eligible entity commits and expends funds allotted to the entity under this section as efficiently as possible in accordance with this subchapter and applicable State laws; and
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(a) The Secretary, in consultation with the Director of the National Science Foundation, shall provide assistance to institutions of higher education (or consortia thereof) to establish or expand medical health informatics education programs, including certification, undergraduate, and masters degree programs, for both health care and information technology students to ensure the rapid and effective utilization and development of health information technologies (in the United States health care infrastructure).
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(1) Not later than 180 days after March 23, 2010,1 the Secretary, in consultation with the HIT Advisory Committee, shall develop interoperable and secure standards and protocols that facilitate enrollment of individuals in Federal and State health and human services programs, as determined by the Secretary.
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(b) The standards and protocols for electronic enrollment in the Federal and State programs described in subsection (a) shall allow for the following:(1) Electronic matching against existing Federal and State data, including vital records, employment history, enrollment systems, tax records, and other data determined appropriate by the Secretary to serve as evidence of eligibility and in lieu of paper-based documentation.(2) Simplification and submission of electronic documentation, digitization of documents, and systems verification of eligibility.(3) Reuse of stored eligibility information (including documentation) to assist with retention of eligible individuals.(4) Capability for individuals to apply, recertify and manage their eligibility information online, including at home, at points of service, and other community-based locations.(5) Ability to expand the enrollment system to integrate new programs, rules, and functionalities, to operate at increased volume, and to apply streamlined verification and eligibility processes to other Federal and State programs, as appropriate.(6) Notification of eligibility, recertification, and other needed communication regarding eligibility, which may include communication via email and cellular phones.(7) Other functionalities necessary to provide eligibles with streamlined enrollment process.
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(1) shall notify States of such standards or protocols; and
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(2) may require, as a condition of receiving Federal funds for the health information technology investments, that States or other entities incorporate such standards and protocols into such investments.
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(III) demonstrated collaboration with other entities that may receive a grant under this section that are located in the same State, political subdivision, or locality;
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(A) The Secretary shall ensure that appropriate enrollment HIT adopted under grants under this subsection is made available to other qualified State, qualified political subdivisions of a State, or other appropriate qualified entities (as described in subparagraph (B)) at no cost.
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(A) practices that restrict authorized access, exchange, or use under applicable State or Federal law of such information for treatment and other permitted purposes under such applicable law, including transitions between certified health information technologies;