42 USC 300mm-4 - Clinical Centers of Excellence and Data Centers

U.S Code last checked for updates: May 18, 2024

§ 300mm–4.

Clinical Centers of Excellence and Data Centers

(a)

In general

(1)

Contracts with Clinical Centers of Excellence

The WTC Program Administrator shall, subject to subsection (b)(1)(B), enter into contracts with Clinical Centers of Excellence (as defined in subsection (b)(1)(A))—

(A)

for the provision of monitoring and treatment benefits and initial health evaluation benefits under part B;

(B)

for the provision of outreach and retention activities to individuals eligible for such monitoring and treatment benefits, for initial health evaluation benefits, and for followup to individuals who are enrolled in the monitoring program;

(C)

for the provision of counseling for benefits under part B, with respect to WTC-related health conditions, for individuals eligible for such benefits;

(D)

for the provision of counseling for benefits for WTC-related health conditions that may be available under workers’ compensation or other benefit programs for work-related injuries or illnesses, health insurance, disability insurance, or other insurance plans or through public or private social service agencies and assisting eligible individuals in applying for such benefits;

(E)

for the provision of translational and interpretive services for program participants who are not English language proficient; and

(F)

for the collection and reporting of data, including claims data, in accordance with section 300mm–3 of this title.

(2)

Contracts with Data Centers

(A)

In general

The WTC Program Administrator shall enter into contracts with one or more Data Centers (as defined in subsection (b)(2))—

(i)

for receiving, analyzing, and reporting to the WTC Program Administrator on data, in accordance with section 300mm–3 of this title, that have been collected and reported to such Data Centers by the corresponding Clinical Centers of Excellence under subsection (b)(1)(B)(iii);

(ii)

for the development of monitoring, initial health evaluation, and treatment protocols, with respect to WTC-related health conditions;

(iii)

for coordinating the outreach and retention activities conducted under paragraph (1)(B) by each corresponding Clinical Center of Excellence;

(iv)

for establishing criteria for the credentialing of medical providers participating in the nationwide network under section 300mm–23 of this title;

(v)

for coordinating and administering the activities of the WTC Health Program Steering Committees established under section 300mm–1(b) 1

 See References in Text note below.

of this title; and

(vi)

for meeting periodically with the corresponding Clinical Centers of Excellence to obtain input on the analysis and reporting of data collected under clause (i) and on the development of monitoring, initial health evaluation, and treatment protocols under clause (ii).

(B)

Medical provider selection

(C)

Clinical discussions

(D)

Transparency of data

(3)

Authority for contracts to be class specific

(4)

Use of cooperative agreements

(5)

Review on feasibility of consolidating Data Centers

(b)

Centers of Excellence

(1)

Clinical Centers of Excellence

(A)

Definition

For purposes of this subchapter, the term “Clinical Center of Excellence” means a Center that demonstrates to the satisfaction of the Administrator that the Center—

(i)

uses an integrated, centralized health care provider approach to create a comprehensive suite of health services under this subchapter that are accessible to enrolled WTC responders, screening-eligible WTC survivors, or certified-eligible WTC survivors;

(ii)

has experience in caring for WTC responders and screening-eligible WTC survivors or includes health care providers who have been trained pursuant to section 300mm–23(c) of this title;

(iii)

employs health care provider staff with expertise that includes, at a minimum, occupational medicine, environmental medicine, trauma-related psychiatry and psychology, and social services counseling; and

(iv)

meets such other requirements as specified by the Administrator.

(B)

Contract requirements

The WTC Program Administrator shall not enter into a contract with a Clinical Center of Excellence under subsection (a)(1) unless the Center agrees to do each of the following:

(i)

Establish a formal mechanism for consulting with and receiving input from representatives of eligible populations receiving monitoring and treatment benefits under part B from such Center.

(ii)

Coordinate monitoring and treatment benefits under part B with routine medical care provided for the treatment of conditions other than WTC-related health conditions.

(iii)

Collect and report to the corresponding Data Center data, including claims data, in accordance with section 300mm–3(b) of this title.

(iv)

Have in place safeguards against fraud that are satisfactory to the Administrator, in consultation with the Inspector General of the Department of Health and Human Services.

(v)

Treat or refer for treatment all individuals who are enrolled WTC responders or certified-eligible WTC survivors with respect to such Center who present themselves for treatment of a WTC-related health condition.

(vi)

Have in place safeguards, consistent with section 300mm–3(d) of this title, to ensure the confidentiality of an individual’s individually identifiable health information, including requiring that such information not be disclosed to the individual’s employer without the authorization of the individual.

(vii)

Use amounts paid under subsection (c)(1) only for costs incurred in carrying out the activities described in subsection (a), other than those described in subsection (a)(1)(A).

(viii)

Utilize health care providers with occupational and environmental medicine expertise to conduct physical and mental health assessments, in accordance with protocols developed under subsection (a)(2)(A)(ii).

(ix)

Communicate with WTC responders and screening-eligible and certified-eligible WTC survivors in appropriate languages and conduct outreach activities with relevant stakeholder worker or community associations.

(x)

Meet all the other applicable requirements of this subchapter, including regulations implementing such requirements.

(C)

Transition rule to ensure continuity of care

(2)

Data Centers

(3)

Corresponding centers

(c)

Payment for infrastructure costs

(1)

In general

(2)

Fixed infrastructure costs

(d)

GAO analysis

(July 1, 1944, ch. 373, title XXXIII, § 3305, as added Pub. L. 111–347, title I, § 101, Jan. 2, 2011, 124 Stat. 3630; amended Pub. L. 114–113, div. O, title III, § 302(c), Dec. 18, 2015, 129 Stat. 2998.)

cite as: 42 USC 300mm-4