Title 42 — The Public Health and WelfareRelease 119-73

§1396w–5 Addressing health care disparities

Title 42 › Chapter CHAPTER 7— - SOCIAL SECURITY › Subchapter SUBCHAPTER XIX— - GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS › § 1396w–5

Last updated Apr 6, 2026|Official source

Summary

The Secretary must study ways to collect and check data, using current quality reporting programs, so we can track unfair differences in health care based on race, ethnicity, sex, primary language, and disability. The study must protect patient privacy, keep reporting from being too hard for states, providers, and health plans, and improve program data on those categories. The Secretary must send Congress a report within 18 months after March 23, 2010, naming methods to collect and analyze these data and giving recommendations on how to report HEDIS quality measures (see section 1395w–22(e)(3)) and other national measures. The Secretary must put those methods into place within 24 months after March 23, 2010, and send another report with improvement recommendations 4 years after March 23, 2010 and every 4 years after that.

Full Legal Text

Title 42, §1396w–5

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Secretary shall evaluate approaches for the collection of data under this subchapter and subchapter XXI, to be performed in conjunction with existing quality reporting requirements and programs under this subchapter and subchapter XXI, that allow for the ongoing, accurate, and timely collection and evaluation of data on disparities in health care services and performance on the basis of race, ethnicity, sex, primary language, and disability status. In conducting such evaluation, the Secretary shall consider the following objectives:

(1)Protecting patient privacy.

(2)Minimizing the administrative burdens of data collection and reporting on States, providers, and health plans participating under this subchapter or subchapter XXI.

(3)Improving program data under this subchapter and subchapter XXI on race, ethnicity, sex, primary language, and disability status.

(b)(1)Not later than 18 months after March 23, 2010, the Secretary shall submit to Congress a report on the evaluation conducted under subsection (a). Such report shall, taking into consideration the results of such evaluation—

(A)identify approaches (including defining methodologies) for identifying and collecting and evaluating data on health care disparities on the basis of race, ethnicity, sex, primary language, and disability status for the programs under this subchapter and subchapter XXI; and

(B)include recommendations on the most effective strategies and approaches to reporting HEDIS quality measures as required under section 1395w–22(e)(3) of this title and other nationally recognized quality performance measures, as appropriate, on such bases.

(2)Not later than 4 years after March 23, 2010, and 4 years thereafter, the Secretary shall submit to Congress a report that includes recommendations for improving the identification of health care disparities for beneficiaries under this subchapter and under subchapter XXI based on analyses of the data collected under subsection (c).

(c)Not later than 24 months after March 23, 2010, the Secretary shall implement the approaches identified in the report submitted under subsection (b)(1) for the ongoing, accurate, and timely collection and evaluation of data on health care disparities on the basis of race, ethnicity, sex, primary language, and disability status.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1396w–5

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73