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H.R. 8811, COVID–19 Data Accuracy Act

Summary

House bill 8811 of the 116th Congress, 2D Session, is the COVID–19 Data Accuracy Act, a bill to initiate an inquiry and report on COVID–19 data quality, sharing, transparency, access, and analysis and develop a process to correct inaccurate information reported with respect to the COVID–19 public health emergency. Finkenauer introduced it on November 24, 2020 with Loebsack and Axne, and it was referred to the Committee on Energy and Commerce. Not later than 7 days after enactment, the Comptroller General shall initiate an inquiry into changes to COVID–19 hospital data reporting requirements initiated by the White House Coronavirus Task Force and the Department of Health and Human Services on July 13, 2020. Findings must be submitted not later than 45 days after the inquiry is initiated.

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Congressional materials
Document type
Bills Bills 116Hr8811Ih Bills 116Hr8811Ih
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Bills Bills 116Hr8811Ih Bills 116Hr8811Ih

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“H.R. 8811, COVID–19 Data Accuracy Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr8811ih-bills-116hr8811ih/, SHA-256 b13fc2bf23a67029f95d68ea3a68d6075793301bef82c48c338d4061487ecace.

Full text

                                                                                                                                                                          I




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                            H. R. 8811
                                                                       To initiate an inquiry and report on COVID–19 data quality, sharing, trans-
                                                                           parency, access, and analysis and develop a process to correct inaccurate
                                                                           information reported with respect to the COVID–19 public health emer-
                                                                           gency, and for other purposes.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                    NOVEMBER 24, 2020
                                                                       Ms. FINKENAUER (for herself, Mr. LOEBSACK, and Mrs. AXNE) introduced
                                                                           the following bill; which was referred to the Committee on Energy and
                                                                           Commerce




                                                                                                                 A BILL
                                                                       To initiate an inquiry and report on COVID–19 data quality,
                                                                           sharing, transparency, access, and analysis and develop
                                                                           a process to correct inaccurate information reported with
                                                                           respect to the COVID–19 public health emergency, and
                                                                           for other purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘COVID–19 Data Accu-
                                                                         5 racy Act’’.




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                                                                         1     SEC. 2. PROTECTING DATA QUALITY, SHARING, TRANS-

                                                                         2                             PARENCY, ACCESS, AND ANALYSIS.

                                                                         3              (a) INQUIRY AND SUBMISSION.—
                                                                         4                       (1) IN GENERAL.—Not later than 7 days after
                                                                         5              the date of the enactment of this Act, the Comp-
                                                                         6              troller General shall initiate an inquiry into any
                                                                         7              changes or interruptions in data quality, sharing,
                                                                         8              transparency, access, and analysis or access to rel-
                                                                         9              evant analytics resulting from the changes to
                                                                       10               COVID–19 hospital data reporting requirements ini-
                                                                       11               tiated by the White House Coronavirus Task Force
                                                                       12               and the Department of Health and Human Services
                                                                       13               on July 13, 2020.
                                                                       14                        (2) SUBMISSION OF FINDINGS.—Not later than
                                                                       15               45 days after initiation of an inquiry under para-
                                                                       16               graph (1), the Comptroller General shall submit
                                                                       17               findings with respect to such inquiry to the Com-
                                                                       18               mittee on Energy and Commerce of the House of
                                                                       19               Representatives, the Committee on Health, Edu-
                                                                       20               cation, Labor, and Pensions of the Senate, and the
                                                                       21               Department of Health and Human Services, in oral
                                                                       22               briefings, which shall address—
                                                                       23                                  (A) any changes or interruptions described
                                                                       24                        in paragraph (1), including whether such




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                                                                       25                        changes increased, decreased, expedited, or de-
                                                                       26                        layed the data quality, sharing, transparency,
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                                                                         1                       access, and analysis or access to relevant ana-
                                                                         2                       lytics, with respect to—
                                                                         3                                        (i) the public;
                                                                         4                                        (ii) State, local, Tribal, and territorial
                                                                         5                                 health departments;
                                                                         6                                        (iii) hospitals; and
                                                                         7                                        (iv) Federal agency officials, including
                                                                         8                                 officials in the Department of Health and
                                                                         9                                 Human Services and Centers for Disease
                                                                       10                                  Control and Prevention; and
                                                                       11                                  (B) any impact to, or interruptions in, de-
                                                                       12                        livery of supplies, including personal protective
                                                                       13                        equipment, ventilators, and COVID–19 thera-
                                                                       14                        peutics, to States or other entities resulting
                                                                       15                        from any changes or interruptions described in
                                                                       16                        paragraph (1).
                                                                       17               (b) ACCESS TO REPORTING SYSTEM.—The Secretary
                                                                       18 shall, not later than 7 days after the date of enactment
                                                                       19 of this Act, provide the Comptroller General with access
                                                                       20 to the information technology systems maintained by the
                                                                       21 Department of Health and Human Services to enable the
                                                                       22 Comptroller General to independently access, view,
                                                                       23 download, and retrieve data from such systems for the
                                                                       24 purpose of carrying out this section.



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                                                                         1              (c) ADDRESSING ISSUES.—Not later than 7 days
                                                                         2 after the Comptroller General submits the findings to Con-
                                                                         3 gress pursuant to subsection (a)(2), the Secretary shall—
                                                                         4                       (1) correct any decreases or delays identified by
                                                                         5              the Comptroller General in the findings;
                                                                         6                       (2) address issues with respect to data quality,
                                                                         7              sharing, transparency, access, and analysis and ac-
                                                                         8              cess to relevant analytics; and
                                                                         9                       (3) ensure that such data quality, sharing,
                                                                       10               transparency, access, and analysis and access to rel-
                                                                       11               evant analytics are equal to or better than they were
                                                                       12               as of July 12, 2020.
                                                                       13               (d) REPORT.—Not later than 18 months after the
                                                                       14 date of the enactment of this Act, the Comptroller General
                                                                       15 shall submit to the Committee on Energy and Commerce
                                                                       16 of the House of Representatives and the Committee on
                                                                       17 Health, Education, Labor, and Pensions of the Senate a
                                                                       18 report on the impact of changes or interruptions to
                                                                       19 COVID–19 hospital data reporting requirements described
                                                                       20 in subsection (a). In preparing such report, the Comp-
                                                                       21 troller General shall collect information from relevant
                                                                       22 stakeholders, as appropriate. Such report shall—
                                                                       23                        (1) detail any such changes or interruptions to
                                                                       24               data quality, sharing, transparency, access, and



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                                                                       25               analysis, or access to relevant analytics, for the enti-


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                                                                         1              ties described in subsection (a)(2)(A), including
                                                                         2              whether such changes or interruptions increased, de-
                                                                         3              creased, expedited, or delayed such data or access to
                                                                         4              relevant analytics;
                                                                         5                       (2) describe challenges faced by hospitals,
                                                                         6              States, localities, Indian Tribes (as defined in sec-
                                                                         7              tion 4 of the Indian Self-Determination and Edu-
                                                                         8              cation Assistance Act (25 U.S.C. 5304)), Urban In-
                                                                         9              dian organizations (as defined in section 4 of the In-
                                                                       10               dian Health Care Improvement Act (25 U.S.C.
                                                                       11               1603)), territories, Federal agencies, and the public
                                                                       12               resulting from such changes or interruptions;
                                                                       13                        (3) describe the extent to which such changes
                                                                       14               or interruptions may allow for manipulation of such
                                                                       15               data in a manner that results in the entities de-
                                                                       16               scribed in paragraph (2) receiving information that
                                                                       17               is different from information provided to the Depart-
                                                                       18               ment of Health and Human Services;
                                                                       19                        (4) assess the extent to which such changes or
                                                                       20               interruptions increased or decreased the number of
                                                                       21               hospitals reporting data and the completeness and
                                                                       22               quality of data reported by hospitals;
                                                                       23                        (5) determine whether any States deployed the
                                                                       24               National Guard to assist in hospital data reporting



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                                                                       25               (as suggested in communications from the White


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                                                                         1              House Coronavirus Task Force and the Department
                                                                         2              of Health and Human Services on July 13, 2020)
                                                                         3              and whether any such deployment had a measurable
                                                                         4              effect on the speed, content, or quality of such re-
                                                                         5              porting;
                                                                         6                       (6) describe the decision-making process within
                                                                         7              the Department of Health and Human Services that
                                                                         8              led to the changes initiated on July 13, 2020, in-
                                                                         9              cluding—
                                                                       10                                  (A) the role of the Centers for Disease
                                                                       11                        Control and Prevention in such process;
                                                                       12                                  (B) any analysis conducted by the Depart-
                                                                       13                        ment of Health and Human Services or the
                                                                       14                        Centers for Disease Control and Prevention
                                                                       15                        that assessed the quality and completeness of
                                                                       16                        different data streams (including the National
                                                                       17                        Healthcare Safety Network, TeleTracking, and
                                                                       18                        data reported by States to the Protect System
                                                                       19                        of the Department of Health and Human Serv-
                                                                       20                        ices), prior to July 13, 2020;
                                                                       21                                  (C) any external input into the decision-
                                                                       22                        making process, including from other Federal
                                                                       23                        agencies, States, localities, Indian Tribes (as
                                                                       24                        defined in section 4 of the Indian Self-Deter-



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                                                                       25                        mination and Education Assistance Act (25


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                                                                         1                       U.S.C. 5304)), Urban Indian organizations (as
                                                                         2                       defined in section 4 of the Indian Health Care
                                                                         3                       Improvement Act (25 U.S.C. 1603)), terri-
                                                                         4                       tories, or hospitals;
                                                                         5                                 (D) the public health justification for the
                                                                         6                       changes; and
                                                                         7                                 (E)         any        other       justification               for   such
                                                                         8                       changes; and
                                                                         9                       (7) assess the process used to address—
                                                                       10                                  (A) decreases or delays identified under
                                                                       11                        subsection (c)(1); and
                                                                       12                                  (B) issues described in subsection (c)(2).
                                                                       13               (e) INTERIM REPORT.—Not later than 6 months
                                                                       14 after the date of the enactment of this Act, the Comp-
                                                                       15 troller General shall submit to the Committee on Energy
                                                                       16 and Commerce of the House of Representatives and the
                                                                       17 Committee on Health, Education, Labor, and Pensions of
                                                                       18 the Senate an interim report on the initial findings with
                                                                       19 respect to information required to be in the report under
                                                                       20 subsection (d).
                                                                       21      SEC. 3. CORRECTING INACCURACIES.

                                                                       22               (a) IN GENERAL.—Not later than 30 days after the
                                                                       23 date of the enactment of this Act, the Secretary shall, in
                                                                       24 coordination with the Director of the Centers for Disease



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                                                                       25 Control and Prevention and reporting entities, develop a


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                                                                         1 process to correct inaccurate information collected, re-
                                                                         2 ported, or distributed with respect to the COVID–19 pub-
                                                                         3 lic health emergency declared pursuant to section 319 of
                                                                         4 the Public Health Service Act (42 U.S.C. 247d).
                                                                         5              (b) REQUIREMENTS.—The process under subsection
                                                                         6 (a) shall—
                                                                         7                       (1) identify and correct inaccurate information
                                                                         8              in a timely manner;
                                                                         9                       (2) consider data made available by—
                                                                       10                                  (A) the Department of Health and Human
                                                                       11                        Services and the Centers for Disease Control
                                                                       12                        and Prevention; and
                                                                       13                                  (B) reporting entities (including data pro-
                                                                       14                        vided to the Secretary in accordance with the
                                                                       15                        State plans referred to in subsection (e));
                                                                       16                        (3) permit the public to report on inaccurate in-
                                                                       17               formation described in subsection (a); and
                                                                       18                        (4) include technical assistance, as necessary,
                                                                       19               for reporting entities.
                                                                       20               (c) PUBLIC NOTIFICATION.—The Secretary shall, in
                                                                       21 a manner that protects personally identifiable information
                                                                       22 from disclosure and complies with applicable Federal law
                                                                       23 on privacy—
                                                                       24                        (1) in a timely manner, notify the public of—



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                                                                         1                                 (A) inaccurate information identified pur-
                                                                         2                       suant to the process developed under subsection
                                                                         3                       (a); and
                                                                         4                                 (B) the steps used to correct the inac-
                                                                         5                       curate information; and
                                                                         6                       (2) after notifying the public under paragraph
                                                                         7              (1), in a reasonable period of time, make a public
                                                                         8              certification that such inaccurate information has
                                                                         9              been corrected.
                                                                       10               (d) GUIDANCE.—Not later than 30 days after the
                                                                       11 date of the enactment of this Act, the Secretary shall issue
                                                                       12 guidance to reporting entities with respect to identifying
                                                                       13 and correcting inaccurate information described in sub-
                                                                       14 section (a) in the data collected, reported, or distributed
                                                                       15 by such agencies. Such guidance shall include a method—
                                                                       16                        (1) to notify the Secretary when such inac-
                                                                       17               curate information is identified; and
                                                                       18                        (2) to collaborate with the Secretary to correct
                                                                       19               and notify the public of such inaccurate information
                                                                       20               in accordance with subsection (c).
                                                                       21               (e) STATE PLANS.—Not later than 60 days after the
                                                                       22 date of the enactment of this Act, the Secretary shall re-
                                                                       23 quire each State that submitted to the Secretary a
                                                                       24 COVID–19 testing plan under the heading ‘‘Public Health



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                                                                       25 and Social Services Emergency Fund’’ in title I of division


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                                                                         1 B of the Paycheck Protection Program and Health Care
                                                                         2 Enhancement Act (Public Law 116–139) to update the
                                                                         3 plan to include a process for correcting inaccurate infor-
                                                                         4 mation described in subsection (a) based on the guidance
                                                                         5 issued under subsection (d).
                                                                         6              (f) REPORTS.—
                                                                         7                       (1) PRELIMINARY REPORTS.—Not later than 90
                                                                         8              days after the date of the enactment this Act, and
                                                                         9              every 30 days thereafter, the Secretary shall submit
                                                                       10               to the Committee on Energy and Commerce of the
                                                                       11               House of Representatives and the Committee on
                                                                       12               Health, Education, Labor, and Pensions of the Sen-
                                                                       13               ate a preliminary report on—
                                                                       14                                  (A) the inaccurate information that is cor-
                                                                       15                        rected the most through the process developed
                                                                       16                        under subsection (a); and
                                                                       17                                  (B) best practices for identifying, cor-
                                                                       18                        recting, and notifying the public of such inac-
                                                                       19                        curate information.
                                                                       20                        (2) FINAL REPORT.—Not later than 3 months
                                                                       21               after the end of the public health emergency de-
                                                                       22               scribed in subsection (a), the Secretary shall submit
                                                                       23               to the committees referred to in paragraph (1) a
                                                                       24               final report on—



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                                                                         1                                 (A) the inaccurate information described in
                                                                         2                       paragraph (1)(A); and
                                                                         3                                 (B) the effectiveness of the process devel-
                                                                         4                       oped under subsection (a) to address such inac-
                                                                         5                       curate information.
                                                                         6     SEC. 4. DEFINITIONS.

                                                                         7              In this Act:
                                                                         8                       (1)        COMPTROLLER                       GENERAL.—The                term
                                                                         9              ‘‘Comptroller General’’ means the Comptroller Gen-
                                                                       10               eral of the United States.
                                                                       11                        (2) REPORTING ENTITIES.—The term ‘‘report-
                                                                       12               ing entities’’ means State, territorial, and local
                                                                       13               health departments, hospitals, and any other entity
                                                                       14               that either directly or indirectly reports information
                                                                       15               to the Secretary with respect to the COVID–19 pub-
                                                                       16               lic health emergency declared pursuant to section
                                                                       17               319 of the Public Health Service Act (42 U.S.C.
                                                                       18               247d).
                                                                       19                        (3) SECRETARY.—The term ‘‘Secretary’’ means
                                                                       20               the Secretary of Health and Human Services.
                                                                                                                                  Æ




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