123STA T . 2 4 3 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9ofHealth a nd H um an S e rvic e s) im p lements , ac q uires, or up g rades health information technolog y systems used for the direct e x change of individually identifia b le health information bet w een agencies and with non -F ederal entities, it shall utili z e, where available, health information technology systems and products that meet standards and implementation specifications adopted under section 30 0 4 of the P ublic Health Service A ct, as added by section 1 3101 .( b)F ED E RALINFO R M A TI ON C OLLE C TION ACTI V ITIE S . —W ith respect to a standard or implementation specification adopted under section 3004 of the Public Health Service Act, as added by section 13101, the President shall ta k e measures to ensure that Federal activities involving the broad collection and submission of health information are consistent with such standard or implementation specification, respectively, within three years after the date of such adoption. (c) A P PLICATION OF D EFINITIONS.— T he definitions contained in section 3000 of the Public Health Service Act, as added by section 13101, shall apply for purposes of this part. SEC.13 11 2 . AP P LI CA T I ON TOP R I V ATE ENTITIES. E ach agency (as defined in such Executive O rder issued on August 2 2, 200 6 , relating to promoting quality and efficient health care in Federal government administered or sponsored health care programs) shall require in contracts or agreements with health care providers, health plans, or health insurance issuers that as each provider, plan, or issuer implements, acquires, or upgrades health information technology systems, it shall utilize, where avail- able, health information technology systems and products that meet standards and implementation specifications adopted under section 3004 of the Public Health Service Act, as added by section 13101. SEC. 13113. ST UDY AND REPORTS. (a) R EPORT ON ADOPTION OF N ATION W IDE S Y STEM.—Not later than 2 years after the date of the enactment of this Act and annually thereafter, the Secretary of Health and Human Services shall submit to the appropriate committees of j urisdiction of the House of Representatives and the Senate a report that— (1) describes the specific actions that have been taken by the Federal G overnment and private entities to facilitate the adoption of a nationwide system for the electronic use and exchange of health information
(2) describes barriers to the adoption of such a nationwide system; and (3) contains recommendations to achieve full implementa- tion of such a nationwide system. (b) REIM BU RSEMENT INCENTIVE STUDY AND REPORT.— (1) STUDY.—The Secretary of Health and Human Services shall carry out, or contract with a private entity to carry out, a study that examines methods to create efficient reimburse- ment incentives for improving health care quality in Federally qualified health centers, rural health clinics, and free clinics. (2) REPORT.—Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the appropriate committees of jurisdic- tion of the House of Representatives and the Senate a report on the study carried out under paragraph (1). (c) A G ING SERVICES TEC H NOLOGY STUDY AND REPORT.— 42USC17903. 42 USC 17902.
