42 USC 299b-36 - Program to facilitate shared decisionmaking

U.S Code last checked for updates: Nov 26, 2024

§ 299b–36.

Program to facilitate shared decisionmaking

(a)

Purpose

(b)

Definitions

In this section:

(1)

Patient decision aid

(2)

Preference sensitive care

(c)

Establishment of independent standards for patient decision aids for preference sensitive care

(1)

Contract with entity to establish standards and certify patient decision aids

(A)

In general

(B)

Timing for first contract

(C)

Period of contract

(2)

Duties

The following duties are described in this paragraph:

(A)

Develop and identify standards for patient decision aids

(B)

Endorse patient decision aids

(d)

Program to develop, update and produce patient decision aids to assist health care providers and patients

(1)

In general

The Secretary, acting through the Director, and in coordination with heads of other relevant agencies, such as the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health, shall establish a program to award grants or contracts—

(A)

to develop, update, and produce patient decision aids for preference sensitive care to assist health care providers in educating patients, caregivers, and authorized representatives concerning the relative safety, relative effectiveness (including possible health outcomes and impact on functional status), and relative cost of treatment or, where appropriate, palliative care options;

(B)

to test such materials to ensure such materials are balanced and evidence based in aiding health care providers and patients, caregivers, and authorized representatives to make informed decisions about patient care and can be easily incorporated into a broad array of practice settings; and

(C)

to educate providers on the use of such materials, including through academic curricula.

(2)

Requirements for patient decision aids

Patient decision aids developed and produced pursuant to a grant or contract under paragraph (1)—

(A)

shall be designed to engage patients, caregivers, and authorized representatives in informed decisionmaking with health care providers;

(B)

shall present up-to-date clinical evidence about the risks and benefits of treatment options in a form and manner that is age-appropriate and can be adapted for patients, caregivers, and authorized representatives from a variety of cultural and educational backgrounds to reflect the varying needs of consumers and diverse levels of health literacy;

(C)

shall, where appropriate, explain why there is a lack of evidence to support one treatment option over another; and

(D)

shall address health care decisions across the age span, including those affecting vulnerable populations including children.

(3)

Distribution

(4)

Nonduplication of efforts

(e)

Grants to support shared decisionmaking implementation

(1)

In general

(2)

Shared decisionmaking resource centers

(A)

In general

(B)

Objectives

The objective of a Center is to enhance and promote the adoption of patient decision aids and shared decisionmaking through—

(i)

providing assistance to eligible providers with the implementation and effective use of, and training on, patient decision aids; and

(ii)

the dissemination of best practices and research on the implementation and effective use of patient decision aids.

(3)

Shared decisionmaking participation grants

(A)

In general

(B)

Preference

(C)

Limitation

(4)

Guidance

(f)

Funding

(July 1, 1944, ch. 373, title IX, § 936, as added Pub. L. 111–148, title III, § 3506, Mar. 23, 2010, 124 Stat. 527.)

cite as: 42 USC 299b-36