§ 299b–36. Program to facilitate shared decisionmaking  


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  • (a) Purpose

    The purpose of this section is to facilitate collaborative processes between patients, caregivers or authorized representatives, and clinicians that engages patient decision aids meet the standards developed and identified under subparagraph (A). The entity shall give priority to the review and certification of patient decision aids for preference sensitive care.

    (d) Program to develop, update and produce patient decision aids to assist health care providers and patients(1) In generalThe 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 aidsPatient 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

    The Director shall ensure that patient decision aids produced with grants or contracts under this section are available to the public.

    (4) Nonduplication of efforts

    The Director shall ensure that the activities under this section of the Agency and other agencies, including the Centers for Disease Control and Prevention and the National Institutes of Health, are free of unnecessary duplication of effort.

    (e) Grants to support shared decisionmaking implementation(1) In general

    The Secretary shall establish a program to provide for the phased-in development, implementation, and evaluation of shared decisionmaking using patient decision aids to meet the objective of improving the understanding of patients of their medical treatment options.

    (2) Shared decisionmaking resource centers(A) In general

    The Secretary shall provide grants for the establishment and support of Shared Decisionmaking Resource Centers (referred to in this subsection as “Centers”) to provide technical assistance to providers and to develop and disseminate best practices and other information to support and accelerate adoption, implementation, and effective use of patient decision aids and shared decisionmaking by providers.

    (B) ObjectivesThe 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

    The Secretary shall provide grants to health care providers for the development and implementation of shared decisionmaking techniques and to assess the use of such techniques.

    (B) Preference

    In order to facilitate the use of best practices, the Secretary shall provide a preference in making grants under this subsection to health care providers who participate in training by Shared Decisionmaking Resource Centers or comparable training.

    (C) Limitation

    Funds under this paragraph shall not be used to purchase or implement use of patient decision aids other than those certified under the process identified in subsection (c).

    (4) Guidance

    The Secretary may issue guidance to eligible grantees under this subsection on the use of patient decision aids.

    (f) Funding

    For purposes of carrying out this section there are authorized to be appropriated such sums as may be necessary for fiscal year 2010 and each subsequent fiscal year.

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

Prior Provisions

Prior Provisions

A prior section 936 of act July 1, 1944, was renumbered section 946 and is classified to section 299c–5 of this title.