It is the purpose of this section to—
(1) provide for the development of information describing the health professions workforce and the analysis of workforce related issues; and
(2) provide necessary information for decision-making regarding future directions in health professions and nursing programs in response to societal and professional needs.
The Secretary shall establish the National Center for Health Workforce Analysis (referred to in this section as the "National Center").
The National Center, in coordination to the extent practicable with the National Health Care Workforce Commission (established in
(A) provide for the development of information describing and analyzing the health care workforce and workforce related issues;
(B) carry out the activities under
(C) annually evaluate programs under this subchapter;
(D) develop and publish performance measures and benchmarks for programs under this subchapter; and
(E) establish, maintain, and publicize a national Internet registry of each grant awarded under this subchapter and a database to collect data from longitudinal evaluations (as described in subsection (d)(2)) on performance measures (as developed under
The National Center shall collaborate with Federal agencies and relevant professional and educational organizations or societies for the purpose of linking data regarding grants awarded under this subchapter.
For the purpose of carrying out the activities described in subparagraph (A), the National Center may enter into contracts with relevant professional and educational organizations or societies.
The Secretary shall award grants to, or enter into contracts with, eligible entities for purposes of—
(A) collecting, analyzing, and reporting data regarding programs under this subchapter to the National Center and to the public; and
(B) providing technical assistance to local and regional entities on the collection, analysis, and reporting of data.
To be eligible for a grant or contract under this subsection, an entity shall—
(A) be a State, a State workforce investment board, a public health or health professions school, an academic health center, or an appropriate public or private nonprofit entity; and
(B) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
The Secretary shall increase the amount awarded to an eligible entity under this subchapter for a longitudinal evaluation of individuals who have received education, training, or financial assistance from programs under this subchapter.
A longitudinal evaluation shall be capable of—
(A) studying practice patterns; and
(B) collecting and reporting data on performance measures developed under
A longitudinal evaluation shall comply with guidelines issued under
To be eligible to obtain an increase under this section, an entity shall be a recipient of a grant or contract under this subchapter.
To carry out subsection (b), there are authorized to be appropriated $5,663,000 for each of fiscal years 2021 through 2025.
To carry out subsection (c), there are authorized to be appropriated $4,500,000 for each of fiscal years 2010 through 2014.
To carry out subsection (d), there are authorized to be appropriated such sums as may be necessary for fiscal years 2010 through 2014.
Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary shall reserve not less than $600,000 for conducting health professions research and for carrying out data collection and analysis in accordance with
Amounts otherwise appropriated for programs or activities under this subchapter may be used for activities under subsection (b) with respect to the programs or activities from which such amounts were made available.
(July 1, 1944, ch. 373, title VII, §761, as added
A prior section 294n, act July 1, 1944, ch. 373, title VII, §776, as added
Another prior section 294n, act July 1, 1944, ch. 373, title VII, §741, as added Sept. 24, 1963,
A prior section 761 of act July 1, 1944, was classified to
Another prior section 761 of act July 1, 1944, was classified to
Another prior section 761 of act July 1, 1944, was classified to
Another prior section 761 of act July 1, 1944, was classified to
2020—Subsec. (e)(1)(A).
Subsec. (e)(2).
2010—Subsecs. (b) to (e).
Subsec. (e)(1).
Subsec. (e)(2).
There is established the Council on Graduate Medical Education (in this section referred to as the "Council"). The Council shall—
(1) make recommendations to the Secretary of Health and Human Services (in this section referred to as the "Secretary"), and to the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives, with respect to—
(A) the supply and distribution of physicians in the United States;
(B) current and future shortages or excesses of physicians in medical and surgical specialties and subspecialties;
(C) issues relating to foreign medical school graduates;
(D) appropriate Federal policies with respect to the matters specified in subparagraphs (A), (B), and (C), including policies concerning changes in the financing of undergraduate and graduate medical education programs and changes in the types of medical education training in graduate medical education programs;
(E) appropriate efforts to be carried out by hospitals, schools of medicine, schools of osteopathic medicine, and accrediting bodies with respect to the matters specified in subparagraphs (A), (B), and (C), including efforts for changes in undergraduate and graduate medical education programs; and
(F) deficiencies in, and needs for improvements in, existing data bases concerning the supply and distribution of, and postgraduate training programs for, physicians in the United States and steps that should be taken to eliminate those deficiencies;
(2) encourage entities providing graduate medical education to conduct activities to voluntarily achieve the recommendations of the Council under paragraph (1)(E);
(3) develop, publish, and implement performance measures for programs under this subchapter, except for programs under part C or D;
(4) develop and publish guidelines for longitudinal evaluations (as described in
(5) recommend appropriation levels for programs under this subchapter, except for programs under part C or D.
The Council shall be composed of—
(1) the Assistant Secretary for Health or the designee of the Assistant Secretary;
(2) the Administrator of the Centers for Medicare & Medicaid Services;
(3) the Chief Medical Director of the Department of Veterans Affairs;
(4) the Administrator of the Health Resources and Services Administration;
(5) 6 members appointed by the Secretary to include representatives of practicing primary care physicians, national and specialty physician organizations, foreign medical graduates, and medical student and house staff associations;
(6) 4 members appointed by the Secretary to include representatives of schools of medicine and osteopathic medicine and public and private teaching hospitals; and
(7) 4 members appointed by the Secretary to include representatives of health insurers, business, and labor.
Members of the Council appointed under paragraphs (4), (5), and (6) of subsection (b) shall be appointed for a term of 4 years, except that the term of office of the members first appointed shall expire, as designated by the Secretary at the time of appointment, 4 at the end of 1 year, 4 at the end of 2 years, 3 at the end of 3 years, and 3 at the end of 4 years.
The Secretary shall appoint the first members to the Council under paragraphs (4), (5), and (6) of subsection (b) within 60 days after October 13, 1992.
The Council shall elect one of its members as Chairman of the Council.
Nine members of the Council shall constitute a quorum, but a lesser number may hold hearings.
Any vacancy in the Council shall not affect its power to function.
Each member of the Council who is not otherwise employed by the United States Government shall receive compensation at a rate equal to the daily rate prescribed for GS–18 under the General Schedule under
In order to carry out the provisions of this section, the Council is authorized to—
(A) collect such information, hold such hearings, and sit and act at such times and places, either as a whole or by subcommittee, and request the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents as the Council or such subcommittee may consider available; and
(B) request the cooperation and assistance of Federal departments, agencies, and instrumentalities, and such departments, agencies, and instrumentalities are authorized to provide such cooperation and assistance.
The Council shall coordinate its activities with the activities of the Secretary under
Not later than September 30, 2023, and not less than every 5 years thereafter, the Council shall submit to the Secretary, and to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report on the recommendations described in subsection (a).
Amounts otherwise appropriated under this subchapter may be utilized by the Secretary to support the activities of the Council.
(July 1, 1944, ch. 373, title VII, §762, formerly
Section was formerly set out as a note under
A prior section 294o, act July 1, 1944, ch. 373, title VII, §777, as added
Another prior section 294o, act July 1, 1944, ch. 373, title VII, §742, as added Sept. 24, 1963,
A prior section 762 of act July 1, 1944, was classified to
Another prior section 762 of act July 1, 1944, was classified to
2020—Subsec. (a)(1).
Subsec. (b)(2).
Subsec. (b)(4) to (7).
Subsecs. (i) to (l).
2010—Subsec. (a)(3) to (5).
2002—Subsec. (k).
1998—Subsec. (j).
Subsec. (k).
Subsec. (l).
1992—Subsec. (a)(2).
Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of
Reference to Chief Medical Director of Department of Veterans Affairs deemed to refer to Under Secretary for Health of Department of Veterans Affairs pursuant to section 302(e) of
Amendment by
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
Similar provisions were contained in the following prior appropriation acts:
1 So in original. Probably should be "travel time,".
The Secretary, acting through the appropriate agencies, shall evaluate whether the number of pediatric rheumatologists is sufficient to address the health care needs of children with arthritis and related conditions, and if the Secretary determines that the number is not sufficient, shall develop strategies to help address the shortfall.
Not later than October 1, 2001, the Secretary shall submit to the Congress a report describing the results of the evaluation under subsection (a), and as applicable, the strategies developed under such subsection.
For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2005.
(July 1, 1944, ch. 373, title VII, §763, as added
A prior section 294p, act July 1, 1944, ch. 373, title VII, §778, as added
Another prior section 294p, act July 1, 1944, ch. 373, title VII, §743, as added Sept. 24, 1963,
A prior section 763 of act July 1, 1944, was classified to
Another prior section 763 of act July 1, 1944, was classified to
Another prior section 763 of act July 1, 1944, was classified to
It is the purpose of this section to establish a National Health Care Workforce Commission that—
(1) serves as a national resource for Congress, the President, States, and localities;
(2) communicates and coordinates with the Departments of Health and Human Services, Labor, Veterans Affairs, Homeland Security, and Education on related activities administered by one or more of such Departments;
(3) develops and commissions evaluations of education and training activities to determine whether the demand for health care workers is being met;
(4) identifies barriers to improved coordination at the Federal, State, and local levels and recommend ways to address such barriers; and
(5) encourages innovations to address population needs, constant changes in technology, and other environmental factors.
There is hereby established the National Health Care Workforce Commission (in this section referred to as the "Commission").
The Commission shall be composed of 15 members to be appointed by the Comptroller General, without regard to section 5 of the Federal Advisory Committee Act (5 U.S.C. App.).
The membership of the Commission shall include individuals—
(i) with national recognition for their expertise in health care labor market analysis, including health care workforce analysis; health care finance and economics; health care facility management; health care plans and integrated delivery systems; health care workforce education and training; health care philanthropy; providers of health care services; and other related fields; and
(ii) who will provide a combination of professional perspectives, broad geographic representation, and a balance between urban, suburban, rural, and frontier representatives.
The membership of the Commission shall include no less than one representative of—
(I) the health care workforce and health professionals;
(II) employers, including representatives of small business and self-employed individuals;
(III) third-party payers;
(IV) individuals skilled in the conduct and interpretation of health care services and health economics research;
(V) representatives of consumers;
(VI) labor unions;
(VII) State or local workforce investment boards; and
(VIII) educational institutions (which may include elementary and secondary institutions, institutions of higher education, including 2 and 4 year institutions, or registered apprenticeship programs).
The remaining membership may include additional representatives from clause (i) and other individuals as determined appropriate by the Comptroller General of the United States.
Individuals who are directly involved in health professions education or practice shall not constitute a majority of the membership of the Commission.
The Comptroller General shall establish a system for public disclosure by members of the Commission of financial and other potential conflicts of interest relating to such members. Members of the Commission shall be treated as employees of Congress for purposes of applying title I of the Ethics in Government Act of 1978 [5 U.S.C. App.]. Members of the Commission shall not be treated as special government employees under title 18.
The terms of members of the Commission shall be for 3 years except that the Comptroller General shall designate staggered terms for the members first appointed.
Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. A vacancy in the Commission shall be filled in the manner in which the original appointment was made.
The Comptroller General shall make initial appointments of members to the Commission not later than September 30, 2010.
While serving on the business of the Commission (including travel time), a member of the Commission shall be entitled to compensation at the per diem equivalent of the rate provided for level IV of the Executive Schedule under section 5315 of tile 1 5, and while so serving away from home and the member's regular place of business, a member may be allowed travel expenses, as authorized by the Chairman of the Commission. Physicians serving as personnel of the Commission may be provided a physician comparability allowance by the Commission in the same manner as Government physicians may be provided such an allowance by an agency under
The Comptroller General shall designate a member of the Commission, at the time of appointment of the member, as Chairman and a member as Vice Chairman for that term of appointment, except that in the case of vacancy of the chairmanship or vice chairmanship, the Comptroller General may designate another member for the remainder of that member's term.
The Commission shall meet at the call of the chairman, but no less frequently than on a quarterly basis.
The Commission shall—
(A) recognize efforts of Federal, State, and local partnerships to develop and offer health care career pathways of proven effectiveness;
(B) disseminate information on promising retention practices for health care professionals; and
(C) communicate information on important policies and practices that affect the recruitment, education and training, and retention of the health care workforce.
In order to develop a fiscally sustainable integrated workforce that supports a high-quality, readily accessible health care delivery system that meets the needs of patients and populations, the Commission, in consultation with relevant Federal, State, and local agencies, shall—
(A) review current and projected health care workforce supply and demand, including the topics described in paragraph (3);
(B) make recommendations to Congress and the Administration concerning national health care workforce priorities, goals, and policies;
(C) by not later than October 1 of each year (beginning with 2011), submit a report to Congress and the Administration containing the results of such reviews and recommendations concerning related policies; and
(D) by not later than April 1 of each year (beginning with 2011), submit a report to Congress and the Administration containing a review of, and recommendations on, at a minimum one high priority area as described in paragraph (4).
The topics described in this paragraph include—
(A) current health care workforce supply and distribution, including demographics, skill sets, and demands, with projected demands during the subsequent 10 and 25 year periods;
(B) health care workforce education and training capacity, including the number of students who have completed education and training, including registered apprenticeships; the number of qualified faculty; the education and training infrastructure; and the education and training demands, with projected demands during the subsequent 10 and 25 year periods;
(C) the education loan and grant programs in titles VII and VIII of the Public Health Service Act (
(D) the implications of new and existing Federal policies which affect the health care workforce, including Medicare and Medicaid graduate medical education policies, titles VII and VIII of the Public Health Service Act (
(E) the health care workforce needs of special populations, such as minorities, rural populations, medically underserved populations, gender specific needs, individuals with disabilities, and geriatric and pediatric populations with recommendations for new and existing Federal policies to meet the needs of these special populations; and
(F) recommendations creating or revising national loan repayment programs and scholarship programs to require low-income, minority medical students to serve in their home communities, if designated as medical underserved community.3
The initial high priority topics described in this paragraph include each of the following:
(i) Integrated health care workforce planning that identifies health care professional skills needed and maximizes the skill sets of health care professionals across disciplines.
(ii) An analysis of the nature, scopes of practice, and demands for health care workers in the enhanced information technology and management workplace.
(iii) An analysis of how to align Medicare and Medicaid graduate medical education policies with national workforce goals.
(iv) An analysis of, and recommendations for, eliminating the barriers to entering and staying in primary care, including provider compensation.
(v) The education and training capacity, projected demands, and integration with the health care delivery system of each of the following:
(I) Nursing workforce capacity at all levels.
(II) Oral health care workforce capacity at all levels.
(III) Mental and behavioral health care workforce capacity at all levels.
(IV) Allied health and public health care workforce capacity at all levels.
(V) Emergency medical service workforce capacity, including the retention and recruitment of the volunteer workforce, at all levels.
(VI) The geographic distribution of health care providers as compared to the identified health care workforce needs of States and regions.
The Commission may require that additional topics be included under subparagraph (A). The appropriate committees of Congress may recommend to the Commission the inclusion of other topics for health care workforce development areas that require special attention.
The Commission shall—
(A) review implementation progress reports on, and report to Congress about, the State Health Care Workforce Development Grant program established in
(B) in collaboration with the Department of Labor and in coordination with the Department of Education and other relevant Federal agencies, make recommendations to the fiscal and administrative agent under
(C) assess the implementation of the grants under such section; and
(D) collect performance and report information, including identified models and best practices, on grants from the fiscal and administrative agent under such section and distribute this information to Congress, relevant Federal agencies, and to the public.
The Commission shall study effective mechanisms for financing education and training for careers in health care, including public health and allied health.
The Commission shall submit recommendations to Congress, the Department of Labor, and the Department of Health and Human Services about improving safety, health, and worker protections in the workplace for the health care workforce.
The Commission shall assess and receive reports from the National Center for Health Care Workforce Analysis established under section 761(b) of the Public Service Health Act [
The Commission shall consult with Federal agencies (including the Departments of Health and Human Services, Labor, Education, Commerce, Agriculture, Defense, and Veterans Affairs and the Environmental Protection Agency), Congress, the Medicare Payment Advisory Commission, the Medicaid and CHIP Payment and Access Commission, and, to the extent practicable, with State and local agencies, Indian tribes, voluntary health care organizations, professional societies, and other relevant public-private health care partnerships.
The Commission, consistent with established privacy rules, may secure directly from any department or agency of the Executive Branch information necessary to enable the Commission to carry out this section.
An employee of the Federal Government may be detailed to the Commission without reimbursement. The detail of such an employee shall be without interruption or loss of civil service status.
Subject to such review as the Comptroller General of the United States determines to be necessary to ensure the efficient administration of the Commission, the Commission may—
(1) employ and fix the compensation of an executive director that shall not exceed the rate of basic pay payable for level V of the Executive Schedule and such other personnel as may be necessary to carry out its duties (without regard to the provisions of title 5 governing appointments in the competitive service);
(2) seek such assistance and support as may be required in the performance of its duties from appropriate Federal departments and agencies;
(3) enter into contracts or make other arrangements, as may be necessary for the conduct of the work of the Commission (without regard to
(4) make advance, progress, and other payments which relate to the work of the Commission;
(5) provide transportation and subsistence for persons serving without compensation; and
(6) prescribe such rules and regulations as the Commission determines to be necessary with respect to the internal organization and operation of the Commission.
In order to carry out its functions under this section, the Commission shall—
(A) utilize existing information, both published and unpublished, where possible, collected and assessed either by its own staff or under other arrangements made in accordance with this section, including coordination with the Bureau of Labor Statistics;
(B) carry out, or award grants or contracts for the carrying out of, original research and development, where existing information is inadequate, and
(C) adopt procedures allowing interested parties to submit information for the Commission's use in making reports and recommendations.
The Comptroller General of the United States shall have unrestricted access to all deliberations, records, and data of the Commission, immediately upon request.
The Commission shall be subject to periodic audit by an independent public accountant under contract to the Commission.
The Commission shall submit requests for appropriations in the same manner as the Comptroller General of the United States submits requests for appropriations. Amounts so appropriated for the Commission shall be separate from amounts appropriated for the Comptroller General.
There are authorized to be appropriated such sums as may be necessary to carry out this section.
The Commission may not accept gifts, bequeaths, or donations of property, but may accept and use donations of services for purposes of carrying out this section.
In this section:
The term "health care workforce" includes all health care providers with direct patient care and support responsibilities, such as physicians, nurses, nurse practitioners, primary care providers, preventive medicine physicians, optometrists, ophthalmologists, physician assistants, pharmacists, dentists, dental hygienists, and other oral healthcare professionals, allied health professionals, doctors of chiropractic, community health workers, health care paraprofessionals, direct care workers, psychologists and other behavioral and mental health professionals (including substance abuse prevention and treatment providers), social workers, physical and occupational therapists, certified nurse midwives, podiatrists, the EMS workforce (including professional and volunteer ambulance personnel and firefighters who perform emergency medical services), licensed complementary and alternative medicine providers, integrative health practitioners, public health professionals, and any other health professional that the Comptroller General of the United States determines appropriate.
The term "health professionals" includes—
(A) dentists, dental hygienists, primary care providers, specialty physicians, nurses, nurse practitioners, physician assistants, psychologists and other behavioral and mental health professionals (including substance abuse prevention and treatment providers), social workers, physical and occupational therapists, optometrists, ophthalmologists,5 public health professionals, clinical pharmacists, allied health professionals, doctors of chiropractic, community health workers, school nurses, certified nurse midwives, podiatrists, licensed complementary and alternative medicine providers, the EMS workforce (including professional and volunteer ambulance personnel and firefighters who perform emergency medical services), and integrative health practitioners;
(B) national representatives of health professionals;
(C) representatives of schools of medicine, osteopathy, nursing, dentistry, optometry, pharmacy, chiropractic, allied health, educational programs for public health professionals, behavioral and mental health professionals (as so defined), social workers, pharmacists, physical and occupational therapists, optometrists, ophthalmologists,5 oral health care industry dentistry and dental hygiene, and physician assistants;
(D) representatives of public and private teaching hospitals, and ambulatory health facilities, including Federal medical facilities; and
(E) any other health professional the Comptroller General of the United States determines appropriate.
(
Section 5 of the Federal Advisory Committee Act, referred to in subsec. (c)(1), is section 5 of
The Ethics in Government Act of 1978, referred to in subsec. (c)(2)(D), is
The Public Health Service Act, referred to in subsec. (d)(3)(C), (D), is act July 1, 1944, ch. 373,
The Higher Education Act of 1965, referred to in subsec. (d)(3)(C), (D), is
The Workforce Innovation and Opportunity Act, referred to in subsec. (d)(3)(D), is
The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (d)(3)(D), is
Section 5103, referred to in subsec. (d)(8), means section 5103 of
Level V of the Executive Schedule, referred to in subsec. (f)(1), is set out in
In subsec. (f)(3), "
Section was enacted as part of the Patient Protection and Affordable Care Act, and not as part of the Public Health Service Act which comprises this chapter.
Prior sections 294q to 294q–3 were omitted in the general amendment of this subchapter by
Section 294q, act July 1, 1944, ch. 373, title VII, §744, formerly §745, as added Sept. 24, 1963,
Section 294q–1, act July 1, 1944, ch. 373, title VII, §745, as added Oct. 22, 1985,
Section 294q–2, act July 1, 1944, ch. 373, title VII, §746, as added Oct. 22, 1985,
Section 294q–3, act July 1, 1944, ch. 373, title VII, §747, formerly §745, as added and renumbered §747, Oct. 22, 1985,
2014—Subsec. (d)(3)(D).
2010—Subsec. (c)(2)(B)(i)(II).
Subsec. (d)(4)(A)(iv), (v).
Subsec. (i)(2)(A), (C).
Amendment by
"(1) gathering and assessing comprehensive data in order for the health care workforce to meet the health care needs of individuals, including research on the supply, demand, distribution, diversity, and skills needs of the health care workforce;
"(2) increasing the supply of a qualified health care workforce to improve access to and the delivery of health care services for all individuals;
"(3) enhancing health care workforce education and training to improve access to and the delivery of health care services for all individuals; and
"(4) providing support to the existing health care workforce to improve access to and the delivery of health care services for all individuals."
"(1)
"(A) has graduated and received an allied health professions degree or certificate from an institution of higher education; and
"(B) is employed with a Federal, State, local or tribal public health agency, or in a setting where patients might require health care services, including acute care facilities, ambulatory care facilities, personal residences, and other settings located in health professional shortage areas, medically underserved areas, or medically underserved populations, as recognized by the Secretary of Health and Human Services.
"(2)
"(A) includes an articulated sequence of academic and career courses, including 21st century skills;
"(B) is aligned with the needs of healthcare industries in a region or State;
"(C) prepares students for entry into the full range of postsecondary education options, including registered apprenticeships, and careers;
"(D) provides academic and career counseling in student-to-counselor ratios that allow students to make informed decisions about academic and career options;
"(E) meets State academic standards, State requirements for secondary school graduation and is aligned with requirements for entry into postsecondary education, and applicable industry standards; and
"(F) leads to 2 or more credentials, including—
"(i) a secondary school diploma; and
"(ii) a postsecondary degree, an apprenticeship or other occupational certification, a certificate, or a license.
"(3)
"(4)
"(A)
"(B)
"(5)
"(A) a 4-year program of instruction, or not less than a 1-year program of instruction that is acceptable for credit toward an associate or a baccalaureate degree, offered by an institution of higher education; or
"(B) a certificate or registered apprenticeship program at the postsecondary level offered by an institution of higher education or a non-profit educational institution.
"(6)
1 So in original. Probably should be "title".
2 So in original. Probably should be followed by a period.
4 See References in Text note below.
5 See 2010 Amendment note below.
There is established a competitive health care workforce development grant program (referred to in this section as the "program") for the purpose of enabling State partnerships to complete comprehensive planning and to carry out activities leading to coherent and comprehensive health care workforce development strategies at the State and local levels.
The Health Resources and Services Administration of the Department of Health and Human Services (referred to in this section as the "Administration") shall be the fiscal and administrative agent for the grants awarded under this section. The Administration is authorized to carry out the program, in consultation with the National Health Care Workforce Commission (referred to in this section as the "Commission"), which shall review reports on the development, implementation, and evaluation activities of the grant program, including—
(1) administering the grants;
(2) providing technical assistance to grantees; and
(3) reporting performance information to the Commission.
A planning grant shall be awarded under this subsection for a period of not more than one year and the maximum award may not be more than $150,000.
To be eligible to receive a planning grant, an entity shall be an eligible partnership. An eligible partnership shall be a State workforce investment board, if it includes or modifies the members to include at least one representative from each of the following: health care employer, labor organization, a public 2-year institution of higher education, a public 4-year institution of higher education, the recognized State federation of labor, the State public secondary education agency, the State P–16 or P–20 Council if such a council exists, and a philanthropic organization that is actively engaged in providing learning, mentoring, and work opportunities to recruit, educate, and train individuals for, and retain individuals in, careers in health care and related industries.
The Governor of the State receiving a planning grant has the authority to appoint a fiscal and an administrative agency for the partnership.
Each State partnership desiring a planning grant shall submit an application to the Administrator of the Administration at such time and in such manner, and accompanied by such information as the Administrator may reasonable 1 require. Each application submitted for a planning grant shall describe the members of the State partnership, the activities for which assistance is sought, the proposed performance benchmarks to be used to measure progress under the planning grant, a budget for use of the funds to complete the required activities described in paragraph (5), and such additional assurance and information as the Administrator determines to be essential to ensure compliance with the grant program requirements.
A State partnership receiving a planning grant shall carry out the following:
(A) Analyze State labor market information in order to create health care career pathways for students and adults, including dislocated workers.
(B) Identify current and projected high demand State or regional health care sectors for purposes of planning career pathways.
(C) Identify existing Federal, State, and private resources to recruit, educate or train, and retain a skilled health care workforce and strengthen partnerships.
(D) Describe the academic and health care industry skill standards for high school graduation, for entry into postsecondary education, and for various credentials and licensure.
(E) Describe State secondary and postsecondary education and training policies, models, or practices for the health care sector, including career information and guidance counseling.
(F) Identify Federal or State policies or rules to developing 2 a coherent and comprehensive health care workforce development strategy and barriers and a plan to resolve these barriers.
(G) Participate in the Administration's evaluation and reporting activities.
Before the State partnership receives a planning grant, such partnership and the Administrator of the Administration shall jointly determine the performance benchmarks that will be established for the purposes of the planning grant.
Each State partnership receiving a planning grant shall provide an amount, in cash or in kind, that is not less that 15 percent of the amount of the grant, to carry out the activities supported by the grant. The matching requirement may be provided from funds available under other Federal, State, local or private sources to carry out the activities.
Not later than 1 year after a State partnership receives a planning grant, the partnership shall submit a report to the Administration on the State's performance of the activities under the grant, including the use of funds, including matching funds, to carry out required activities, and a description of the progress of the State workforce investment board in meeting the performance benchmarks.
The Administration shall submit a report to Congress analyzing the planning activities, performance, and fund utilization of each State grant recipient, including an identification of promising practices and a profile of the activities of each State grant recipient.
The Administration shall—
(A) competitively award implementation grants to State partnerships to enable such partnerships to implement activities that will result in a coherent and comprehensive plan for health workforce development that will address current and projected workforce demands within the State; and
(B) inform the Commission and Congress about the awards made.
An implementation grant shall be awarded for a period of no more than 2 years, except in those cases where the Administration determines that the grantee is high performing and the activities supported by the grant warrant up to 1 additional year of funding.
To be eligible for an implementation grant, a State partnership shall have—
(A) received a planning grant under subsection (c) and completed all requirements of such grant; or
(B) completed a satisfactory application, including a plan to coordinate with required partners and complete the required activities during the 2 year period of the implementation grant.
A State partnership receiving an implementation grant shall appoint a fiscal and an administration agent for the implementation of such grant.
Each eligible State partnership desiring an implementation grant shall submit an application to the Administration at such time, in such manner, and accompanied by such information as the Administration may reasonably require. Each application submitted shall include—
(A) a description of the members of the State partnership;
(B) a description of how the State partnership completed the required activities under the planning grant, if applicable;
(C) a description of the activities for which implementation grant funds are sought, including grants to regions by the State partnership to advance coherent and comprehensive regional health care workforce planning activities;
(D) a description of how the State partnership will coordinate with required partners and complete the required partnership activities during the duration of an implementation grant;
(E) a budget proposal of the cost of the activities supported by the implementation grant and a timeline for the provision of matching funds required;
(F) proposed performance benchmarks to be used to assess and evaluate the progress of the partnership activities;
(G) a description of how the State partnership will collect data to report progress in grant activities; and
(H) such additional assurances as the Administration determines to be essential to ensure compliance with grant requirements.
A State partnership that receives an implementation grant may reserve not less than 60 percent of the grant funds to make grants to be competitively awarded by the State partnership, consistent with State procurement rules, to encourage regional partnerships to address health care workforce development needs and to promote innovative health care workforce career pathway activities, including career counseling, learning, and employment.
An eligible State partnership receiving an implementation grant shall—
(i) identify and convene regional leadership to discuss opportunities to engage in statewide health care workforce development planning, including the potential use of competitive grants to improve the development, distribution, and diversity of the regional health care workforce; the alignment of curricula for health care careers; and the access to quality career information and guidance and education and training opportunities;
(ii) in consultation with key stakeholders and regional leaders, take appropriate steps to reduce Federal, State, or local barriers to a comprehensive and coherent strategy, including changes in State or local policies to foster coherent and comprehensive health care workforce development activities, including health care career pathways at the regional and State levels, career planning information, retraining for dislocated workers, and as appropriate, requests for Federal program or administrative waivers;
(iii) develop, disseminate, and review with key stakeholders a preliminary statewide strategy that addresses short- and long-term health care workforce development supply versus demand;
(iv) convene State partnership members on a regular basis, and at least on a semiannual basis;
(v) assist leaders at the regional level to form partnerships, including technical assistance and capacity building activities;
(vi) collect and assess data on and report on the performance benchmarks selected by the State partnership and the Administration for implementation activities carried out by regional and State partnerships; and
(vii) participate in the Administration's evaluation and reporting activities.
Before the State partnership receives an implementation grant, it and the Administrator shall jointly determine the performance benchmarks that shall be established for the purposes of the implementation grant.
Each State partnership receiving an implementation grant shall provide an amount, in cash or in kind that is not less than 25 percent of the amount of the grant, to carry out the activities supported by the grant. The matching funds may be provided from funds available from other Federal, State, local, or private sources to carry out such activities.
For each year of the implementation grant, the State partnership receiving the implementation grant shall submit a report to the Administration on the performance of the State of the grant activities, including a description of the use of the funds, including matched funds, to complete activities, and a description of the performance of the State partnership in meeting the performance benchmarks.
The Administration shall submit a report to Congress analyzing implementation activities, performance, and fund utilization of the State grantees, including an identification of promising practices and a profile of the activities of each State grantee.
There are authorized to be appropriated to award planning grants under subsection (c) $8,000,000 for fiscal year 2010, and such sums as may be necessary for each subsequent fiscal year.
There are authorized to be appropriated to award implementation grants under subsection (d), $150,000,000 for fiscal year 2010, and such sums as may be necessary for each subsequent fiscal year.
(
Section was enacted as part of the Patient Protection and Affordable Care Act, and not as part of the Public Health Service Act which comprises this chapter.
A prior section 294r, act July 1, 1944, ch. 373, title VII, §751, as added Nov. 4, 1988,
Another prior section 294r, act July 1, 1944, ch. 373, title VII, §748, as added Oct. 12, 1976,
A prior section 294s, act July 1, 1944, ch. 373, title VII, §749, as added Oct. 12, 1976,
A prior section 294t, act July 1, 1944, ch. 373, title VII, §751, as added Oct. 12, 1976,
A prior section 294u, act July 1, 1944, ch. 373, title VII, §752, as added Oct. 12, 1976,
A prior section 294v, act July 1, 1944, ch. 373, title VII, §753, as added Oct. 12, 1976,
A prior section 294w, act July 1, 1944, ch. 373, title VII, §754, as added Oct. 12, 1976,
A prior section 294x, act July 1, 1944, ch. 373, title VII, §755, as added Oct. 12, 1976,
A prior section 294y, act July 1, 1944, ch. 373, title VII, §756, as added Oct. 12, 1976,
A prior section 294y–1, act July 1, 1944, ch. 373, title VII, §757, as added Aug. 1, 1977,
Prior sections 294z to 294cc were omitted in the general amendment of this subchapter by
Section 294z, act July 1, 1944, ch. 373, title VII, §758, as added Oct. 12, 1976,
Section 294aa, act July 1, 1944, ch. 373, title VII, §759, as added Oct. 12, 1976,
Section 294bb, act July 1, 1944, ch. 373, title VII, §760, as added Nov. 6, 1990,
Section 294cc, act July 1, 1944, ch. 373, title VII, §761, as added Nov. 6, 1990,
For definitions of terms used in this section, see section 5002(a) of
1 So in original. Probably should be "reasonably".
2 So in original. Probably should be "develop".