
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC299b-5]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
       SUBCHAPTER VII--AGENCY FOR HEALTHCARE RESEARCH AND QUALITY
 
                Part B--Health Care Improvement Research
 
Sec. 299b-5. Health care practice and technology innovation


(a) In general

    The Director shall promote innovation in evidence-based health care 
practices 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 and technologies;
        (3) conducting intramural and supporting extramural assessments 
    of existing and new health care practices 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 shall develop and 
    publish a description of the methods used by the Agency and its 
    contractors for health care practice and technology assessment.

                          (2) Consultations

        In carrying out this subsection, the Director shall cooperate 
    and consult with the Assistant Secretary for Health, the 
    Administrator of the Health Care Financing Administration, the 
    Director of the National Institutes of Health, the Commissioner of 
    Food and Drugs, and the heads of any other interested Federal 
    department or agency, and shall seek input, where appropriate, from 
    professional societies and other private and public entities.

                           (3) Methodology

        The Director shall, in developing the methods used under 
    paragraph (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 and 
        technologies; and
            (E) requirements of Food and Drug Administration approval to 
        avoid duplication.

(c) Specific assessments

                           (1) In general

        The Director shall conduct or support specific assessments of 
    health care technologies and practices.

                    (2) Requests for assessments

        The Director is authorized to conduct or support assessments, on 
    a reimbursable basis, for the Health Care Financing Administration, 
    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 may make 
    grants to, or enter into cooperative agreements or contracts with, 
    entities described in paragraph (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, including academic 
    medical centers, research institutions and organizations, 
    professional organizations, third party payers, governmental 
    agencies, 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 shall develop and disseminate a report on evidence-
    based clinical practices for--
            (A) the examination and treatment 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 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 shall, to the extent practicable, take into consideration 
    the expertise and experience of Federal and State law enforcement 
    officials regarding the victims referred to in paragraph (1), and of 
    other appropriate public and private entities (including medical 
    societies, victim services organizations, sexual assault prevention 
    organizations, and social services organizations).

(July 1, 1944, ch. 373, title IX, Sec. 916, as added Pub. L. 106-129, 
Sec. 2(a), Dec. 6, 1999, 113 Stat. 1660.)
