Page:United States Statutes at Large Volume 123.djvu/272

 123STA T . 2 5 2 PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9‘ ‘ (3)demonstra tet h atoneo fi ts p rin c ipa lg oals is to u se information technolog y to impro v e health care q uality and effi - ciency through the authori z ed and secure electronic e x change and use of health information ‘‘( 4 ) adopt nondiscrimination and conflict of interest policies that demonstrate a commitment to open , fair, and nondiscrim- inatory participation b y sta k eholders; and ‘‘( 5 ) conform to such other requirements as the S ecretary may establish . ‘‘(g) REQUIR E DCONS U LTA TION. —I n carrying out activities described in subsections (b) and (c), a State or qualified State- designated entity shall consult w ith and consider the recommenda- tions of— ‘‘( 1 ) health care providers (including providers that provide services to low income and underserved populations); ‘‘( 2 ) health plans; ‘‘(3) patient or consumer organizations that represent the population to be served; ‘‘(4) health information technology vendors; ‘‘(5) health care purchasers and employers; ‘‘( 6 ) public health agencies; ‘‘( 7 ) health professions schools, universities and colleges; ‘‘( 8 ) clinical researchers; ‘‘( 9 ) other users of health information technology such as the support and clerical staff of providers and others involved in the care and care coordination of patients; and ‘‘(1 0 ) such other entities, as may be determined appropriate by the Secretary. ‘‘(h) CONTINUOUS I MP RO V EMENT.— T he Secretary shall annually evaluate the activities conducted under this section and shall, in awarding grants under this section, implement the lessons learned from such evaluation in a manner so that awards made subsequent to each such evaluation are made in a manner that, in the deter- mination of the Secretary, will lead towards the greatest improve- ment in quality of care, decrease in costs, and the most effective authorized and secure electronic exchange of health information. ‘‘(i) REQUIRED M AT CH .— ‘‘(1) IN G ENERAL.— F or a fiscal year (beginning with fiscal year 2011), the Secretary may not make a grant under this section to a State unless the State agrees to make available non-Federal contributions (which may include in-kind contribu- tions) toward the costs of a grant awarded under subsection (c) in an amount equal to— ‘‘( A ) for fiscal year 2011, not less than $ 1 for each $10 of Federal funds provided under the grant; ‘‘( B ) for fiscal year 2012, not less than $1 for each $7 of Federal funds provided under the grant; and ‘‘(C) for fiscal year 2013 and each subsequent fiscal year, not less than $1 for each $3 of Federal funds provided under the grant. ‘‘(2) AUTHORIT Y TO REQUIRE STATE MATCH F OR FISCAL YEARS B EFORE FISCAL YEAR 201 1.—For any fiscal year during the grant program under this section before fiscal year 2011, the Sec- retary may determine the extent to which there shall be required a non-Federal contribution from a State receiving a grant under this section. Deadlin e .Ev al u a t i o n.