§242u — Title 42 The Public Health and Welfare | U.S. Code

Summary

Allows the Secretary of Health and Human Services, working with State, local, and Tribal public health officials, to improve how disease data are collected and shared between the CDC Director, the Assistant Secretary for Preparedness and Response, and those officials. It can include data from doctors and hospitals, public and clinical labs, health information exchanges, and health departments. The Secretary must work with stakeholders to decide what data, in what form, and how it should be shared (including demographic details), and must follow the technical standards the Secretary adopted under section 300jj–14. The Secretary must try to limit shared data to the minimum needed. Through the CDC Director, the Secretary can withhold these data from disclosure under section 552(b)(3) of title 5 if a person is identified or if current scientific or statistical methods show even a very small risk of re-identifying someone.

Title 42, §242u

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

(a)The Secretary may, in consultation with State, local, and Tribal public health officials, carry out activities to improve the availability of appropriate and applicable public health data related to communicable diseases, and information sharing between, the Director of the Centers for Disease Control and Prevention, the Assistant Secretary for Preparedness and Response, and such State, local, and Tribal public health officials, which may include such data from—

(1)health care providers and facilities;

(2)public health and clinical laboratories;

(3)health information exchanges and health information networks; and

(4)State, local, and Tribal health departments.

(b)The Secretary shall, consistent with the requirements of this section, work with such officials and relevant stakeholders to provide information on the content, form, and manner in which such data, deidentified as applicable, may most effectively support the ability of State, local, and Tribal health departments to respond to such communicable diseases, including related to the collection and reporting of demographic and other relevant data elements. Such form and manner requirements shall align with the standards and implementation specifications adopted by the Secretary under section 300jj–14 of this title, as applicable.

(c)In facilitating the coordination of efforts under subsection (a), the Secretary shall make reasonable efforts to limit reported public health data to the minimum necessary information needed to accomplish the intended public health purpose.

(d)The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may exempt from disclosure under section 552(b)(3) of title 5 public health data that are gathered under this section if—

(1)an individual is identified through such data; or

(2)there is at least a very small risk, as determined by current scientific practices or statistical methods, that some combination of the information, the request, and other available data sources or the application of technology could be used to deduce the identity of an individual.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Rules of

Construction

Pub. L. 117–328, div. FF, title II, § 2213(f), Dec. 29, 2022, 136 Stat. 5738, provided that: “Nothing in this section [enacting this section, amending section 300hh–33 of this title, and enacting provisions set out as notes under section 300hh and 300hh–33 of this title] shall be construed to— “(1) supplant, in whole or in part, State, local, or Tribal activities or responsibilities related to public health surveillance, as applicable; “(2) alter the authority of the Secretary with respect to the types of data the Secretary may receive through systems supported or established in this section or other laws; or “(3) modify applicable Federal or State information privacy or security law.”

§242u Improving State, local, and Tribal information sharing

Summary

Title 42, §242u

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Construction

Citations & Metadata