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1 ‘‘(d) COORDINATION.—In carrying out this section,
2 the Assistant Secretary shall coordinate with—
3 ‘‘(1) public and private entities that collect and
4 disseminate information on health and health care,
5 including foundations; and
6 ‘‘(2) the head of the Office of the National Co-
7 ordinator for Health Information Technology to en-
8 sure optimal use of health information technology.
9 ‘‘(e) REQUEST FOR INFORMATION FROM OTHER DE-
10 PARTMENTS AND AGENCIES.—Consistent with applicable
11 law, the Assistant Secretary may secure directly from any
12 Federal department or agency information necessary to
13 enable the Assistant Secretary to carry out this section.
14 ‘‘(f) REPORT.—
15 ‘‘(1) SUBMISSION.—The Assistant Secretary
16 shall submit to the Secretary and the Congress an
17 annual report containing—
18 ‘‘(A) a description of national, regional, or
19 State changes in health or health care, as re-
20 flected by the key health indicators identified
21 under subsection (c)(1);
22 ‘‘(B) a description of gaps in the collection,
23 collation, reporting, and publishing of informa-
24 tion regarding the Nation’s health and the per-
25 formance of the Nation’s health care;

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1 ‘‘(C) recommendations for addressing such
2 gaps and identification of the appropriate agen-
3 cy within the Department or other entity to ad-
4 dress such gaps;
5 ‘‘(D) a description of analyses of health
6 disparities, including the results of completed
7 analyses, the status of ongoing longitudinal
8 studies, and proposed or planned research; and
9 ‘‘(E) a plan for actions to be taken by the
10 Assistant Secretary to address gaps described
11 in subparagraph (B).
12 ‘‘(2) CONSIDERATION.—In preparing a report
13 under paragraph (1), the Assistant Secretary shall
14 take into consideration the findings and conclusions
15 in the reports under sections 308, 903(a)(6), and
16 913(b)(2).
17 ‘‘(g) PROPRIETARY AND PRIVACY PROTECTIONS.—
18 Nothing in this section shall be construed to affect appli-
19 cable proprietary or privacy protections.
20 ‘‘(h) CONSULTATION.—In carrying out this section,
21 the Assistant Secretary shall consult with—
22 ‘‘(1) the heads of appropriate health agencies
23 and offices in the Department, including the Office
24 of the Surgeon General of the Public Health Service,

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1 the Office of Minority Health, and the Office on
2 Women’s Health; and
3 ‘‘(2) as appropriate, the heads of other Federal
4 departments and agencies whose programs have a
5 significant impact upon health (as determined by the
6 Secretary).
7 ‘‘(i) DEFINITION.—In this section:
8 ‘‘(1) The terms ‘agency’ and ‘agencies’ include
9 an epidemiology center established under section 214
10 of the Indian Health Care Improvement Act.
11 ‘‘(2) The term ‘Department’ means the Depart-
12 ment of Health and Human Services.
13 ‘‘(3) The term ‘health disparities’ has the
14 meaning given to such term in section 3171.’’.
15 (b) OTHER COORDINATION RESPONSIBILITIES.—
16 Title III (42 U.S.C. 241 et seq.) is amended—
17 (1) in paragraphs (1) and (2) of section 304(c)
18 (42 U.S.C. 242b(c)), by inserting ‘‘, acting through
19 the Assistant Secretary for Health Information,’’
20 after ‘‘The Secretary’’ each place it appears; and
21 (2) in section 306(j) (42 U.S.C. 242k(j)), by in-
22 serting ‘‘, acting through the Assistant Secretary for
23 Health Information,’’ after ‘‘of this section, the Sec-
24 retary’’.

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1 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS.

2 Section 799C, as added and amended, is further

3 amended by adding at the end the following:
4 ‘‘(e) QUALITY AND SURVEILLANCE.—For the pur-
5 pose of carrying out part D of title IX and section 1709,
6 in addition to any other amounts authorized to be appro-
7 priated for such purpose, there is authorized to be appro-
8 priated, out of any monies in the Public Health Invest-
9 ment Fund, $300,000,000 for each of fiscal years 2010
10 through 2014 and $330,000,000 for each of fiscal years
11 2015 through 2019.’’.
12 TITLE V—OTHER PROVISIONS
13 Subtitle A—Drug Discount for
14 Rural and Other Hospitals
15 SEC. 2501. EXPANDED PARTICIPATION IN 340B PROGRAM.

16 (a) EXPANSION OF COVERED ENTITIES RECEIVING

17 DISCOUNTED PRICES.—Section 340B(a)(4) (42 U.S.C.
18 256b(a)(4)) is amended by adding at the end the fol-
19 lowing:
20 ‘‘(M) A children’s hospital excluded from
21 the Medicare prospective payment system pur-
22 suant to section 1886(d)(1)(B)(iii) of the Social
23 Security Act which would meet the require-
24 ments of subparagraph (L), including the dis-
25 proportionate share adjustment percentage re-
26 quirement under subparagraph (L)(ii), if the
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1 hospital were a subsection (d) hospital as de-
2 fined in section 1886(d)(1)(B) of the Social Se-
3 curity Act.
4 ‘‘(N) An entity that is a critical access hos-
5 pital (as determined under section 1820(c)(2)
6 of the Social Security Act).
7 ‘‘(O) An entity receiving funds under title
8 V of the Social Security Act (relating to mater-
9 nal and child health) for the provision of health
10 services.
11 ‘‘(P) An entity receiving funds under sub-
12 part I of part B of title XIX of the Public
13 Health Service Act (relating to comprehensive
14 mental health services) for the provision of com-
15 munity mental health services.
16 ‘‘(Q) An entity receiving funds under sub-
17 part II of such part B (relating to the preven-
18 tion and treatment of substance abuse) for the
19 provision of treatment services for substance
20 abuse.
21 ‘‘(R) An entity that is a Medicare-depend-
22 ent, small rural hospital (as defined in section
23 1886(d)(5)(G)(iv) of the Social Security Act).

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1 ‘‘(S) An entity that is a sole community
2 hospital (as defined in section
3 1886(d)(5)(D)(iii) of the Social Security Act).
4 ‘‘(T) An entity that is classified as a rural
5 referral center under section 1886(d)(5)(C) of
6 the Social Security Act.’’.
7 (b) PROHIBITION ON GROUP PURCHASING ARRANGE-
8 MENTS.—Section 340B(a) (42 U.S.C. 256b(a)) is amend-
9 ed—
10 (1) in paragraph (4)(L)—
11 (A) by adding ‘‘and’’ at the end of clause
12 (i);
13 (B) by striking ‘‘; and’’ at the end of
14 clause (ii) and inserting a period; and
15 (C) by striking clause (iii);
16 (2) in paragraph (5), by redesignating subpara-
17 graphs (C) and (D) as subparagraphs (D) and (E),
18 respectively, and by inserting after subparagraph
19 (B) the following:
20 ‘‘(C) PROHIBITING USE OF GROUP PUR-

21 CHASING ARRANGEMENTS.—

22 ‘‘(i) A hospital described in subpara-

23 graph (L), (M), (N), (R), (S), or (T) of
24 paragraph (4) shall not obtain covered out-
25 patient drugs through a group purchasing

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1 organization or other group purchasing ar-
2 rangement, except as permitted or pro-
3 vided pursuant to clause (ii).
4 ‘‘(ii) The Secretary shall establish rea-
5 sonable exceptions to the requirement of
6 clause (i)—
7 ‘‘(I) with respect to a covered
8 outpatient drug that is unavailable to
9 be purchased through the program
10 under this section due to a drug
11 shortage problem, manufacturer non-
12 compliance, or any other reason be-
13 yond the hospital’s control;
14 ‘‘(II) to facilitate generic substi-
15 tution when a generic covered out-
16 patient drug is available at a lower
17 price; and
18 ‘‘(III) to reduce in other ways
19 the administrative burdens of man-
20 aging both inventories of drugs ob-
21 tained under this section and not
22 under this section, if such exception
23 does not create a duplicate discount
24 problem in violation of subparagraph

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1 (A) or a diversion problem in violation
2 of subparagraph (B).’’.
3 SEC. 2502. EXTENSION OF DISCOUNTS TO INPATIENT

4 DRUGS.

5 (a) IN GENERAL.—Section 340B (42 U.S.C. 256b)

6 is amended—
7 (1) in subsection (b)—
8 (A) by striking ‘‘In this section, the terms’’
9 and inserting the following: ‘‘In this section:
10 ‘‘(1) IN GENERAL.—The terms’’; and
11 (B) by adding at the end the following new
12 paragraph:
13 ‘‘(2) COVERED DRUG.—The term ‘covered
14 drug’—
15 ‘‘(A) means a covered outpatient drug (as
16 defined in section 1927(k)(2) of the Social Se-
17 curity Act); and
18 ‘‘(B) includes, notwithstanding the section
19 1927(k)(3)(A) of such Act, a drug used in con-
20 nection with an inpatient or outpatient service
21 provided by a hospital described in subpara-
22 graph (L), (M), (N), (R), (S), or (T) of sub-
23 section (a)(4) that is enrolled to participate in
24 the drug discount program under this section.’’;
25 and

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