Title 42, The Public Health and WelfareRelease 119-110

§1396w–5 Addressing Health Care Disparities

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

Last updated Sep 22, 2026|Official source

Summary

Requires the Secretary to study ways to collect and use health data, working with existing quality reporting programs, so we can track differences in care by race, ethnicity, sex, primary language, and disability. The study must focus on protecting patient privacy, cutting down paperwork for States, providers, and health plans, and making program data better and more accurate. Within 18 months after March 23, 2010, the Secretary must send Congress a report saying which methods to use and how to report HEDIS and other national quality measures. Within 24 months after that date, the Secretary must put those methods into practice. By 4 years after March 23, 2010, and every 4 years after, the Secretary must send reports with recommendations based on the collected data.

Full Legal Text

Title 42, §1396w–5

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

(a)Evaluating data collection approaches

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)Reports to Congress

(1)Report on evaluation

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)Reports on data analyses

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)Implementing effective approaches

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

Sep 22, 2026

Release point: 119-110