H.R.6626 - Health Care Innovation and Marketplace Technologies Act of 2012
To foster further innovation and entrepreneurship in the health information technology sector.
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Mr. HONDA introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means and Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. HEALTH INFORMATION TECHNOLOGY PLACED IN SERVICE BY MEDICAL CARE PROVIDER.
‘SEC. 200. HEALTH IT PLACED IN SERVICE BY MEDICAL CARE PROVIDER.
‘(a) In General- In the case of a medical care provider, there shall be allowed as a deduction an amount equal to the amount paid or incurred by the medical care provider for qualified health information technology placed in service by the provider during the taxable year.CommentsClose CommentsPermalink
‘(2) QUALIFIED HEALTH INFORMATION TECHNOLOGY- The term ‘qualified health information technology’ means the application of information processing involving both computer hardware and software that deals with the storage, retrieval, sharing, and use of health care information, data, and knowledge for communication and decisionmaking. Such term does not include certified EHR technology.CommentsClose CommentsPermalink
SEC. 3. SMALL BUSINESS HEALTH INFORMATION TECHNOLOGY FINANCING PROGRAM.
‘SEC. 45. LOAN GUARANTEES FOR HEALTH INFORMATION TECHNOLOGY.
‘(1) The term ‘health information technology’ means computer hardware, software, services, and related technology that is purchased by an eligible professional to aid in the provision of health care in a health care setting and that provides for--CommentsClose CommentsPermalink
‘(A) enhancement of continuity of care for patients through electronic storage, transmission, and exchange of relevant personal health data and information, such that this information is accessible at the times and places where clinical decisions will be or are likely to be made;CommentsClose CommentsPermalink
‘(C) improvement of quality measurement by eligible professionals enabling them to collect, store, measure, and report on the processes and outcomes of individual and population performance and quality of care;CommentsClose CommentsPermalink
‘(F) services that assist with workflow redesign, training, system configuration, human change management and other similar services focused on getting the best value from existing technology that has already been purchased.CommentsClose CommentsPermalink
‘(3) The term ‘qualified eligible professional’ means an eligible professional whose office can be classified as a small business concern by the Administrator for purposes of this Act under size standards established under section 3 of this Act.CommentsClose CommentsPermalink
‘(1) IN GENERAL- Subject to paragraph (2), the Administrator may guarantee up to 90 percent of the amount of a loan made to a qualified eligible professional to be used for the acquisition of health information technology for use in such eligible professional’s medical practice and for the costs associated with the installation of such technology. Except as otherwise provided in this section, the terms and conditions that apply to loans made under section 7(a) of this Act shall apply to loan guarantees made under this section.CommentsClose CommentsPermalink
‘(c) Fees- (1) The Administrator may impose a guarantee fee on the borrower for the purpose of reducing the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990) of the guarantee to zero in an amount not to exceed 2 percent of the total guaranteed portion of any loan guaranteed under this section. The Administrator may also impose annual servicing fees on lenders not to exceed 0.5 percent of the outstanding balance of the guarantees on lenders’ books.CommentsClose CommentsPermalink
‘(2) No service fees, processing fees, origination fees, application fees, points, brokerage fees, bonus points, or other fees may be charged to a loan applicant or recipient by a lender in the case of a loan guaranteed under this section.CommentsClose CommentsPermalink
‘(d) Deferral Period- Loans guaranteed under this section shall carry a deferral period of not less than 1 year and not more than 3 years. The Administrator shall have the authority to subsidize interest during the deferral period.CommentsClose CommentsPermalink
‘(g) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990) of guaranteeing $25,000,000 in loans under this section. The Administrator shall determine such program cost separately and distinctly from other programs operated by the Administrator.’.CommentsClose CommentsPermalink
SEC. 4. CHALLENGE GRANT PROGRAM; DISRUPTIVE TECHNOLOGIES PRIZE PROGRAM.
‘SEC. 3017. CHALLENGE GRANT PROGRAM.
‘(a) In General- Subject to the availability of appropriations, the Secretary, acting through the National Coordinator, shall award competitive grants to eligible entities to carry out the activities described in subsection (d).CommentsClose CommentsPermalink
‘(c) Application- An eligible entity seeking a grant under this section shall submit an application to the National Coordinator at such time, in such manner, and containing such information as the National Coordinator may require, including a description of the product, process, or structure described in subsection (d) for which the entity intends to use the grant.CommentsClose CommentsPermalink
‘(d) Uses of Funds- An eligible entity that receives a grant under this section shall use such funds to develop an effective product, process, or structure that enhances the use, particularly by patients, of health information technology, by--CommentsClose CommentsPermalink
‘(e) Prohibited Use of Funds- An eligible entity that receives a grant under this section may not use such grant to develop a product, process, or structure that meets only the requirements that are necessary to be a certified EHR technology.CommentsClose CommentsPermalink
‘(g) Report- Not later than one year after the date of receipt of a grant under this section, an eligible entity shall submit to the National Coordinator and the Administrator of the Centers for Medicare & Medicaid Services a report that describes--CommentsClose CommentsPermalink
‘(2) how patients, health-care providers, and other individuals and entities involved in the delivery of health care, including the Centers for Medicare & Medicaid Services, could use the product, process, or structure funded by the grant to enhance the delivery of and reduce the cost of health care.CommentsClose CommentsPermalink
‘SEC. 3018. DISRUPTIVE TECHNOLOGIES PRIZE PROGRAM.
‘(a) Prize Program Authorized- For purposes of rewarding innovation in health information technology, the Secretary, acting through the National Coordinator, shall carry out a program to award one prize competitively in each of the three areas identified by the Commission under subsection (e)(2)(A) using the benchmarks developed under subsection (e)(2)(B) to select the prize recipient in each category.CommentsClose CommentsPermalink
‘(2) in the case of an entity, shall be incorporated in and maintain a primary place of business in the United States, and in the case of an individual, whether participating singly or in a group, shall be a citizen or permanent resident of the United States; andCommentsClose CommentsPermalink
‘(4) shall submit an application that includes an explanation of the anticipated market viability of the technology that such individual or entity would develop with funds received under the prize program.CommentsClose CommentsPermalink
‘(2) ALTERNATIVE RULE- In the case that the amount made available for prize awards under this section is less than $33,000,000, the National Coordinator may reserve not more than 10 percent for the administrative costs of carrying out this section, and shall divide the remaining amount equally for the three prizes awarded under this section.CommentsClose CommentsPermalink
‘(A) AREAS OF HEALTH INFORMATION TECHNOLOGY- For the purposes of the prize program under subsection (a), the Commission shall identify three areas within the field of health information technology that are not adequately addressed by certified EHR technologies and the use of such technologies. Each area identified shall be an area that will promote the development of technologies that would be widely useful, would help decrease the cost of health care, and would improve the quality of health care, particularly for patients.CommentsClose CommentsPermalink
‘(B) BENCHMARKS- The Commission shall develop the benchmarks that the National Coordinator shall use to determine the prize recipient in each area identified under subparagraph (A). The Commission shall identify such benchmarks with the goals of--CommentsClose CommentsPermalink
‘(i) attracting participants from outside the health information technology field that will take new approaches to addressing the areas identified by the Commission under subparagraph (A);CommentsClose CommentsPermalink
‘(C) RESTRICTION OF PRIZE AWARD- The Commission shall determine how to restrict the prize recipients’ use of the funds awarded as a prize under this section, with respect to the development of health information technology, in order to ensure that the prize recipients use such funds to further develop the technologies for which such prize was awarded.CommentsClose CommentsPermalink
‘(A) NUMBER AND APPOINTMENT- The Commission shall be composed of 10 members appointed by the National Coordinator not later than 90 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
‘(D) TRAVEL EXPENSES- Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.CommentsClose CommentsPermalink
‘(4) REPORT TO THE NATIONAL COORDINATOR- Not later than one year after the date of enactment of this Act, the Commission shall submit to the National Coordinator a report containing the areas, benchmarks, and restrictions on the uses of prize awards that the Commission identifies for the prize program under paragraph (2).CommentsClose CommentsPermalink
‘(f) Authorization of Appropriations- In addition to sums authorized to be appropriated to carry out this subtitle under section 3020, there is authorized to be appropriated to carry out this section $33,000,000 for fiscal year 2014.’.CommentsClose CommentsPermalink
SEC. 5. ESTABLISHMENT OF THE OFFICE OF WIRELESS HEALTH TECHNOLOGY.
‘SEC. 1013. OFFICE OF WIRELESS HEALTH TECHNOLOGY.
‘(a) Establishment- There is established within the Office of the Commissioner an office to be known as the Office of Wireless Health Technology (referred to in this section as the ‘Office’), which shall be headed by a director.CommentsClose CommentsPermalink
‘(b) Appointment of First Director- The first Director of the Office shall be appointed by the Commissioner not later than 90 days after the date of enactment of this section.CommentsClose CommentsPermalink
‘(1) through public meetings and other forms of communication with individuals and entities that design, produce, disseminate, or have a prevailing interest in wireless health technology, receive and analyze recommendations with respect to ways that existing regulations regarding wireless health technology might be made more reasonable and predictable, including ways that such regulations could be clarified and simplified;CommentsClose CommentsPermalink
‘(2) coordinate with federal agencies, offices, institutes, and centers involved in the regulation of wireless health technology, including the Federal Communications Commission, the Office of the National Coordinator for Health Information Technology, the Centers for Medicare & Medicaid Services, the Agency for Healthcare Research and Quality, the National Institute of Standards and Technology, the Health Resources and Services Administration, and the National Institutes of Health, regarding activities of such agencies, offices, institutes, and centers that can be improved so as to make such regulation more robust, predictable, and easily understood and navigated by individuals and entities that design, produce, disseminate, or have a prevailing interest in wireless health technology;CommentsClose CommentsPermalink
‘(3) provide information to individuals and entities that design, produce, disseminate, or have a prevailing interest in wireless health technology on how to design, produce, or disseminate wireless health technology in accordance with existing law; andCommentsClose CommentsPermalink
‘(C) provides specific recommendations on how the Food and Drug Administration should improve its practices with regard to wireless health technology (in a manner that ensures consistency within the Food and Drug Administration regarding the application of its regulatory approach without compromising patient safety or privacy) in order to--CommentsClose CommentsPermalink
‘(d) Consultation With Working Group and Commissions- In carrying out the duties specified in subsection (c), the Director of the Office shall consult with any working group convened under section 618(b)(1) of the Food and Drug Administration Safety and Innovation Act, and may consult with any Federal commission.CommentsClose CommentsPermalink
‘(e) Definition of Wireless Health Technology- For purposes of this section, the term ‘wireless health technology’ has such meaning as specified by the Commissioner pursuant to regulation, but in no case shall include technology this is not regulated under the provisions of this Act (other than this section).CommentsClose CommentsPermalink
SEC. 6. MOBILE HEALTH SOFTWARE APPLICATION TECHNOLOGY RESPONSIBILITIES OF THE HEALTH INFORMATION TECHNOLOGY RESEARCH CENTER.
‘(i) establish an educational website repository and a response mechanism (such as a national telephone number) to provide timely responses to questions in order to make information available and provide direct support to individuals and entities that design, produce, disseminate, or have a prevailing interest in mobile health software application technology regarding the actions such individuals and entities must take in order to ensure that such technology is designed, produced, and disseminated in accordance with Federal law; andCommentsClose CommentsPermalink
‘(I) highlights and explains the laws and regulations that commonly impede efforts by individuals and entities to design, produce, or disseminate mobile health software application technology; andCommentsClose CommentsPermalink
‘(II) discusses the work the Center has completed in the past year with regard to mobile health software application technology, including accomplishments by the Center and challenges that may require more work or outside support in order for the Center to accomplish the objectives outlined in this subparagraph.CommentsClose CommentsPermalink
‘(B) DEFINITION OF MOBILE HEALTH SOFTWARE APPLICATION TECHNOLOGY- For purposes of subparagraph (A), the term ‘mobile health software application technology’ means a software program that--CommentsClose CommentsPermalink
SEC. 7. WORKFORCE RETRAINING GRANTS.
(a) In General- The National Coordinator for Health Information Technology may award to eligible entities grants to be used for training health care workers in health information technology (in this section referred to as ‘HIT’).CommentsClose CommentsPermalink
(d) Job Transition- As a condition on receipt of a grant under this section, a grantee shall ensure that each employee whose HIT training is funded by that grant assumes expanded duties with the grantee, either in the form of a new employment position or revised duties within such employee’s existing employment position, that requires the use of HIT, not more than 1 year after the employee completes the training.CommentsClose CommentsPermalink
(e) Reporting- Each grantee shall submit a report not later than 24 months after receipt of a grant to the National Coordinator for Health Information Technology including the following:CommentsClose CommentsPermalink