[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] DATA FOR DECISION-MAKING: RESPONSIBLE MANAGEMENT OF DATA DURING COVID 19 AND BEYOND ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON INVESTIGATIONS AND OVERSIGHT OF THE COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS SECOND SESSION __________ SEPTEMBER 23, 2020 __________ Serial No. 116-82 __________ Printed for the use of the Committee on Science, Space, and Technology [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Available via the World Wide Web: http://science.house.gov __________ U.S. GOVERNMENT PUBLISHING OFFICE 41-411PDF WASHINGTON : 2021 -------------------------------------------------------------------------------------- COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY HON. EDDIE BERNICE JOHNSON, Texas, Chairwoman ZOE LOFGREN, California FRANK D. LUCAS, Oklahoma, DANIEL LIPINSKI, Illinois Ranking Member SUZANNE BONAMICI, Oregon MO BROOKS, Alabama AMI BERA, California, BILL POSEY, Florida Vice Chair RANDY WEBER, Texas LIZZIE FLETCHER, Texas BRIAN BABIN, Texas HALEY STEVENS, Michigan ANDY BIGGS, Arizona KENDRA HORN, Oklahoma ROGER MARSHALL, Kansas MIKIE SHERRILL, New Jersey RALPH NORMAN, South Carolina BRAD SHERMAN, California MICHAEL CLOUD, Texas STEVE COHEN, Tennessee TROY BALDERSON, Ohio JERRY McNERNEY, California PETE OLSON, Texas ED PERLMUTTER, Colorado ANTHONY GONZALEZ, Ohio PAUL TONKO, New York MICHAEL WALTZ, Florida BILL FOSTER, Illinois JIM BAIRD, Indiana DON BEYER, Virginia FRANCIS ROONEY, Florida CHARLIE CRIST, Florida GREGORY F. MURPHY, North Carolina SEAN CASTEN, Illinois MIKE GARCIA, California BEN McADAMS, Utah THOMAS P. TIFFANY, Wisconsin JENNIFER WEXTON, Virginia CONOR LAMB, Pennsylvania ------ Subcommittee on Investigations and Oversight HON. BILL FOSTER, Illinois, Chairman SUZANNE BONAMICI, Oregon RALPH NORMAN, South Carolina, STEVE COHEN, Tennessee Ranking Member DON BEYER, Virginia ANDY BIGGS, Arizona JENNIFER WEXTON, Virginia MICHAEL WALTZ, Florida C O N T E N T S September 23, 2020 Page Hearing Charter.................................................. 2 Opening Statements Statement by Representative Bill Foster, Chairman, Subcommittee on Investigations and Oversight, Committee on Science, Space, and Technology, U.S. House of Representatives.................. 8 Written Statement............................................ 9 Statement by Representative Ralph Norman, Ranking Member, Subcommittee on Investigations and Oversight, Committee on Science, Space, and Technology, U.S. House of Representatives.. 10 Written Statement............................................ 11 Written statement by Representative Eddie Bernice Johnson, Chairwoman, Committee on Science, Space, and Technology, U.S. House of Representatives....................................... 12 Witnesses: Dr. Lisa M. Lee, Ph,D., Associate Vice President for Research and Innovation, Virginia Tech Oral Statement............................................... 14 Written Statement............................................ 16 Dr. Lisa L. Maragakis, MD, MPH, Senior Director of Infection Prevention, Johns Hopkins Health System Oral Statement............................................... 24 Written Statement............................................ 26 Mr. Avik Roy, President, Foundation for Research on Equal Opportunity Oral Statement............................................... 29 Written Statement............................................ 31 Ms. Janet Hamilton, MPH, Executive Director, Council of State and Territorial Epidemiologists Oral Statement............................................... 43 Written Statement............................................ 45 Discussion....................................................... 61 Appendix: Additional Material for the Record Letter submitted by the Premier Inc. healthcare alliance......... 74 DATA FOR DECISION-MAKING: RESPONSIBLE MANAGEMENT OF DATA DURING COVID-19 AND BEYOND ---------- WEDNESDAY, SEPTEMBER 23, 2020 House of Representatives, Subcommittee on Investigations and Oversight, Committee on Science, Space, and Technology, Washington, D.C. The Subcommittee met, pursuant to notice, at 11:03 a.m., via Webex, Hon. Bill Foster [Chairman of the Subcommittee] presiding. [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairman Foster. The hearing will now come to order. Without objection, the Chair is authorized to declare recess at any time. Before I deliver my opening remarks, I wanted to note that, pursuant to House Resolution 965, today, the Subcommittees are meeting virtually. I want to announce a couple of reminders to the Members about conduct of this remote hearing. First, Members should keep their video feed on as long as they are present in the hearing. Second, Members are responsible for muting and unmuting their own microphones, so please keep your microphones muted unless you're speaking. And finally, if Members have documents that they wish to submit for the record, please email them to the Committee Clerk, whose email address was circulated prior to the hearing. Well, good morning, and welcome to this virtual hearing on the Subcommittee of Investigations and Oversight of the House Science Committee. Today's hearing focuses on how data drives the decisionmaking at every level of response to COVID-19. Ensuring the integrity, transparency, and accuracy of this data, free from political interference, is crucial to keeping us safe and prepared. Accurate data is crucial to policy planners, to first responders and medical professionals, to epidemiologists and scientific researchers, to politicians, and to the general public. The American public should never have to doubt that Federal data collection and management efforts serve one purpose alone: informing public health decisions with the best available science. COVID-19 has presented an unparalleled challenge to our Nation's public health infrastructure. Epidemiologists, hospital administrators, and government data scientists have worked tirelessly to adapt existing systems for the ever- evolving landscape. With the CDC's (Centers for Disease Control and Prevention's) National Health Safety Network's (NHSN's) COVID-19 module, which was launched in late March, an existing system was expanded to meet an urgent need at the peak of the initial COVID-19 crisis. Experienced CDC surveillance scientists collected, cleaned, and analyzed emerging data to produce region-specific reports on COVID-19 and published these reports publicly on the CDC website. Local and State health authorities, as well as hospitals and infectious disease modelers, were able to use these reports to gauge the severity of the crisis in their region and make decisions on resource management and disease control measures, and coordinating this with nearby cities and States. While it was not a perfect system--NSHN was reportedly overstretched and under-resourced for this huge task--hospitals had the benefit of working with CDC epidemiologists that they had cultivated relationships with over the years. In April, with minimal if any consultation with Congress, HHS (Department of Health and Human Services) contracted with TeleTracking Technologies to institute a totally new system. This system would be entirely dedicated to the management of COVID-19 data. In July, reporting to the new system became mandatory. There is much to be said about the burden that this switch placed on hospitals, and our witnesses are--today are well-equipped to answer our questions about the effects of this transition over the past two months. But beyond implementation issues, this switch away from the CDC has called into question the role of career scientists in overseeing the data quality of the TeleTracking system. The stakes could not be higher because it's so important that public trust in the COVID-19 data underlying public health decisions means so much to our country. Moving the Federal Government's primary data base from the CDC with its expert career epidemiologists to an HHS now dominated by short-term political appointees places this all-important data at risk of political manipulation. And, unfortunately, concerns about political manipulation of COVID-19 information are not unfounded. We have repeatedly seen public attacks against CDC scientists for the sake of bolstering the President's questionable claim that he has successfully controlled the virus. Just this month, it was reported that HHS political officials have attempted to edit, delay, and prevent the publication of the CDC's Morbidity and Mortality Weekly Reports. Only under a cynical Administration hostile to science could these CDC analytical reports be considered ``hit pieces'' aimed at undermining the President unless somehow they see scientific truth as the enemy. Now, there will always be a pressure to misreport public health information. This can come from top down from politicians at all levels who might benefit politically from misrepresenting to the public their success at controlling infectious diseases. It can come from industries, facilities, or groups who stand to benefit financially from misleading the public, or from the bottom up, from doctors, clinics, hospitals, or nursing homes that have an incentive to minimize public disclosure of the extent of spread of infectious diseases at their patient care facilities. And there are legitimate gray areas and a need for clear and consistent reporting standards such as differing standards for hospitalization, standards for reporting racial and ethnic information, or the reporting of the simple cause of death for patients with significant comorbidities. As the pandemic continues to spread, we must ensure that COVID-19 data is protected from inappropriate influence and is transparent, accessible, and accurate. Unfortunately, we have seen firsthand the dangers and the cost to human lives of incorrect information being passed to decisionmakers when Governors, Mayors, hospitals, and local health officials were told to make plans based on faulty projections of the availability of testing, or PPE (personal protective equipment), or of sanitizer. Those plans inevitably fail, and tens of thousands of Americans died. As a Member of the Select Subcommittee on the Coronavirus Crisis, and as Chairman of this Subcommittee, I'm committed to ensuring that decisionmakers at all levels across the United States have access to reliable data unmarred by political influence. So I look forward to today's hearing, hearing from our witnesses about how we can best invest public health--in public health infrastructure and disease surveillance that can serve us through this pandemic and beyond. [The prepared statement of Chairman Foster follows:] Good morning, and welcome to this virtual hearing of the Subcommittee on Investigations and Oversight. Today's hearing focuses on how data drives the decision-making at every level of the response to COVID-19. Ensuring the integrity, transparency, and accuracy of this data, free from political influence, is crucial to keeping us safe and prepared. The American public should never doubt that Federal data collection and management efforts serve one purpose alone: informing public health decisions with the best available science. COVID-19 has presented an unparalleled challenge to our nation's public health infrastructure. Epidemiologists, hospital administrators, and government data scientists have worked tirelessly to adapt existing systems for the ever- evolving landscape. With the CDC's National Healthcare Safety Network's COVID-19 module, launched in late March, an existing system was expanded to meet an urgent need at the peak of the initial COVID-19 crisis. Experienced CDC surveillance scientists collected, cleaned, and analyzed emerging data to produce region-specific reports on COVID-19, and published the reports publicly on the CDC website. Local and state health authorities, as well as hospitals and infectious disease modelers, were able to use these reports to gauge the severity of the crisis in their region and make decisions on resource management, and disease control measures, and coordinating with nearby cities and states. While it was not a perfect system-- NSHN was reportedly overstretched and under-resourced for this huge task--hospitals had the benefit of working with CDC epidemiologists they had cultivated a relationship with for years. In April, HHS contracted with TeleTracking Technologies to institute a totally new system. This system would be entirely dedicated to the management of COVID-19 data. In July, reporting to the new system became mandatory. There is much to be said about the burden this switch placed on hospitals, and our witnesses today are well equipped to answer our questions about the effects of this transition over the past two months. Beyond implementation issues, this switch away from CDC has called into question the role of career scientists in the TeleTracking system. The stakes could not be higher, because it is so important that the public trust the COVID-19 data underlying public health decisions. Moving the Federal government's primary database from CDC--and its expert epidemiologists--to HHS places this all-important data at risk of political manipulation. Unfortunately, concerns about political manipulation of COVID-19 information are not unfounded. We have repeatedly seen attacks against CDC scientists for the sake of bolstering the President's claim that he has successfully controlled the virus. Just this month, it was reported that HHS political officials have attempted to edit, delay, and prevent the publication of the CDC's Morbidity and Mortality Weekly Reports. Only under a cynical administration hostile to science could these CDC reports be considered ``hit pieces'' aimed at undermining the President. There will always be political pressure to mis-report public health information, whether from politicians themselves or from industries or groups who stand to benefit from misleading the public about the risk posed to their bottom line or political message. As the pandemic continues to spread, we must ensure that COVID-19 data is protected from inappropriate influence and is transparent, accessible, and accurate. As a Member of the Select Subcommittee on the Coronavirus Crisis, and as Chairman of this Subcommittee, I am committed to ensuring that decision-makers at all levels, across the United States, have access to reliable data unmarred by political influence. I look forward to hearing from our witnesses today about how we can best invest in public health infrastructure and disease surveillance that can serve us through this pandemic and beyond. Chairman Foster. And the Chair will now recognize the Ranking Member of the Subcommittee on Investigations and Oversight, Mr. Norman, for an opening statement. Mr. Norman. Good morning and thank you, Chairman Foster. And I want to thank the witnesses for your participation today. I hope we can use this hearing as an opportunity not only to identify where data gaps exist, but also to identify potential solutions to help us all better understand the ongoing coronavirus pandemic and make well-informed decisions moving forward. Over the past several months, we've seen life as we know it change within the blink of an eye. Cities across the country went into shut down, schools and nonessential businesses were closed, and stay-at-home orders were issued to limit the spread of the virus. We saw our economy come to a halt as millions of Americans lost their jobs and many businesses were forced to permanently shut their doors. On a daily basis, health officials, healthcare providers, policymakers, and other leaders across the country have had to make difficult decisions about the health and safety of their communities. Decision-makers should rely on detailed and accurate data to advise and prioritize response efforts. Data issues are not a new public health problem, as data collection, management, and sharing have challenged the public health community since long before the coronavirus pandemic. Unfortunately, the coronavirus pandemic increased the strain on public health infrastructure all across our country. Incomplete and at times inaccurate data is being reported to State and local health departments, which is then used to inform critical policy and operational decisions. The catastrophic impact the coronavirus has had on long-term facilities and nursing homes is just one example of how poor data management has led to detrimental consequences over the past few months. If better data had been available to policymakers, we would have known just how vulnerable the elderly are to this virus, and the countless deaths and hospitalizations could have been prevented. One of the biggest data challenges affecting the coronavirus pandemic is that we do not know exactly how much of it is out there, and researchers must estimate its prevalence through data-driven disease forecasting and modeling. Predictions on the number of coronavirus cases, hospitalizations, and deaths help inform public decisionmaking by calculating the expected impact of the pandemic in coming weeks or even months. Outdated public health systems are in desperate need of modernization. Currently, the virus is spreading faster than public health data and response efforts. This has been allowed due to a lack of integrating public health systems all across the State and local governments. We must consider how to incorporate new and innovative techniques to improve slow and static decisionmaking processes and this begins with modernization of our public health infrastructure. We cannot afford to make bad policy decisions due to poor data during this pandemic and future public health emergencies. It is important we understand the gaps and challenges with the data that we have to best inform response efforts. As policymakers, our decisions must be informed by data. The quality of those decisions is directly affected by the quality of the data we're using. I look forward to hearing more about how we can improve the timeliness, accuracy, and distribution of public health data. I yield back. [The prepared statement of Mr. Norman follows:] Good Morning and thank you, Chairman Foster. And thank you to the witnesses for your participation today. I hope we can use this hearing as an opportunity not only to identify where data gaps exist, but also to identify potential solutions to help us all better understand the ongoing Coronavirus pandemic and make well-informed decisions moving forward. Over the past several months, we've seen life as we know it change within the blink of an eye. Cities across the country went into shut down, schools and non-essential businesses were closed, and stay-at-home orders were issued to limit the spread of the virus. We saw our economy come to a halt as millions of Americans lost their jobs and many businesses were forced to permanently shut their doors. On a daily basis, public health officials, healthcare providers, policymakers, and other local leaders across the country have had to make difficult decisions about the health and safety of their communities. Decision makers should rely on detailed and accurate data to advise and prioritize response efforts. Data issues are not a new public health problem, as data collection, management, and sharing have challenged the public health community since long before the Coronavirus pandemic. Unfortunately, the Coronavirus pandemic increased the strain on public health infrastructure across the country. Incomplete and at times inaccurate data is being reported to state and local health departments, which is then used to inform critical policy and operational decisions. The catastrophic impact the Coronavirus has had on long- term care facilities and nursing homes is just one example of how poor data management has led to detrimental consequences over the past few months. If better data had been available to policymakers, we would have known just how vulnerable the elderly are to this virus, and countless deaths and hospitalizations could have been prevented. One of the biggest data challenges affecting the Coronavirus pandemic is that we do not know exactly how much of it is out there, and researchers must estimate its prevalence through data-driven disease forecasting and modeling. Predictions on the number of Coronavirus cases, hospitalizations, and deaths help inform public health decision-making by calculating the expected impact of the pandemic in coming weeks or even months. Outdated public health systems are in desperate need of modernization. Currently, the virus is spreading faster than public health data and response efforts. This has all been allowed due to a lack of integrating public health systems across state and local governments. We must consider how to incorporate new and innovative techniques to improve slow and static decision-making processes amid this pandemic, and this begins with modernizing public health infrastructure. We cannot afford to make bad policy decisions due to poor data during this pandemic and future public health emergencies. It is important that we understand the gaps and challenges with the data that we have to best inform response efforts. As policymakers, our decisions must be informed by data. The quality of those decisions is directly affected by the quality of the data we're using. I look forward to hearing more about how we can improve the timeliness, accuracy, and distribution of public health data. I yield back. [The prepared statement of Chairwoman Eddie Bernice Johnson follows:] Thank you, Chairman Foster, and thank you to our panel of witnesses for appearing before the Subcommittee today. The COVID-19 pandemic has claimed 200,000 lives in the United States. In my home state of Texas, there have been over 28,000 new cases reported in the past week alone. This is the highest number of any state in the nation. The country still faces many challenges in overcoming the pandemic including preparing for the upcoming cold and flu season, providing aid to businesses in this new coronavirus economy, and helping students navigate new learning environments. Experts agree that the virus will likely continue to circulate until there is a vaccine. It has never been more important to rely on the scientific community to guide our decision-making with the best available research and data. However, over the past few months, we have seen an increasing number of attacks against career scientists and their work in responding to the pandemic. Most recently, we learned that political officials at HHS have routinely challenged the science behind the CDC's Morbidity and Mortality Weekly Reports, a vital and objective source of COVID-19 data, and tried to silence agency officials in order to paint the Administration's pandemic response in a better light. Last week, Assistant Secretary Michael Caputo even accused CDC scientists of ``sedition'' and of organizing a ``resistance unit'' against the President. As Members of the Committee on Science, Space, and Technology, we do not stand for such blatant disregard of scientific integrity in the Federal government. Our ability to fight the pandemic depends greatly on accurate, objective, and accessible data. With it, the Federal government can efficiently distribute personal protective equipment, testing supplies, and therapeutics. We can better understand the spread of the disease and make prudent decisions about the economy. Without it, hospitals, patients, and state and local jurisdictions can be left in the dark, fighting on their own without critical supplies. The American people must be able to trust that decisions made at all levels are based on trustworthy data and unmarred by political influence. We have the world's top scientists doing their best to respond to the pandemic. Yet if we allow their work and our public health institutions to be influenced by political games, we could lose the nation's trust at a critical time. Already, many communities of color do not trust the government's role in their health. Yet we know-from the CDC's own Morbidity and Mortality Weekly Reports, in fact-that these communities have been the hardest hit by the pandemic. As we get closer to the possibility of a COVID-19 vaccine, we must ensure that the Federal government is trustworthy and transparent in its decision making. Thank you again to our witnesses for testifying today. I yield back. Chairman Foster. Thank you. And at this time I would like to introduce our witnesses. Our first witness is Dr. Lisa M. Lee. Dr. Lee is the Associate Vice President for Research and Innovation at Virginia Tech and holds a faculty appointment in the Department of Population Health Sciences. For 30 years, Dr. Lee has worked in public health and ethics at the local, State, and Federal levels, including 14 years at the CDC. She also served as the Executive Director of the Presidential Bioethics Commission and most recently as the inaugural Chief of Bioethics at Walter Reed Army Institute of Research. After Dr. Lee is Dr. Lisa L. Maragakis. Dr. Maragakis is an Associate Professor of Medicine and Epidemiology at Johns Hopkins University. She is the Senior Director of Infection Prevention at the Johns Hopkins Health System and the Hospital Epidemiologist for the Johns Hopkins Hospital. Dr. Maragakis also serves as the Executive Director of the Johns Hopkins Biocontainment Unit as Incident Commander for the Johns Hopkins Medicine COVID-19 Response and is the Co-Chair for--of the Centers for Disease Control and Prevention's Healthcare Infection Control Practices Advisory Committee. Our third witness is Mr. Avik Roy, who serves as President and Co-Founder of the Foundation for Research on Equal Opportunity (FREOPP). He's also the Founder of Roy Healthcare Research. Mr. Roy is currently a Senior Advisor to the Working Group on Health Care Reform at the Bipartisan Policy Center and is a member of the Board of Advisors at the National Institute of Health Care Management. His recent writings include papers on reopening schools and colleges during COVID-19 and on developing strategies for returning people to work during the pandemic. And our final witness is Mrs. Janet Hamilton--Ms. Janet Hamilton. Ms. Hamilton is the Director at the Council for State and Territorial Epidemiologists (CSTE). She's also--serves as a Board Member of the International Network for Epidemiology and Policy and has worked as a consultant on international influenza surveillance in Mexico, Ukraine, and Greece. While working for the Florida Department of Health's Bureau of Epidemiology, she saw surveillance--she oversaw surveillance programs for reportable diseases, hospital emergency department-based surveillance, outbreaks and natural disaster events, antimicrobial resistance, and influenza. As our witnesses should know, each of you will have 5 minutes for your spoken testimony. Your written testimony will be included in the record for the hearing. And when you've all completed your spoken testimony, we will begin with questions. Each member will have 5 minutes to question the panel. And if there is time and interest, the Chair may entertain a second round of questions. And we will start now with Dr. Lee for 5 minutes. TESTIMONY OF DR. LISA M. LEE, ASSOCIATE VICE PRESIDENT FOR RESEARCH AND INNOVATION, VIRGINIA TECH Dr. Lee. Thank you, Mr. Chairman and Members of the Subcommittee, for this opportunity to give voice to the critical issue of how the Nation collects, uses, and communicates health data during COVID-19 and beyond. In my written testimony I addressed three key points in response to your questions, and these include, first, that public health surveillance is a vital health intelligence without which we experience loss of productivity and life; second, that public health surveillance is a set of activities, all of which must function both during and between public health emergencies; and third, that public health surveillance requires the public's trust. Without it, the system fails. Because of time, I refer you to my written comments, which provide a more complete description of my concerns. And I'll use this time to highlight my last point: trust. Trust is the foundation of all public health practice. It is public health's currency. The public has to trust that their government leaders are acting in the public's best interest. This is especially important for health data, which, along with financial data, are the two things people most want to keep private. Public health professionals are ethically and legally bound to protect identifiable information about individuals for whom they provide services. Another foundational principle of ethical data collection is that data are used for the purpose for which they are collected. The public must trust that the data they are being-- that the data--their data are being used to improve health and for nothing else, not for profit for a private company, not for law enforcement, and not to cause them social, reputational, or financial harm. The public must also trust that the conclusions drawn from the data that they provide to the system are accurate, objective, and will result in benefits to them and their community. In the case of moving COVID-19 hospital surveillance from CDC to the Office of the Secretary at HHS, trust is being tested in a number of important ways. First, the removal of CDC's public health surveillance experts who together have hundreds of combined years of experience in the complex process of public health surveillance. Removing them reflects the removal of the world's experts in this field. There is no equivalent of this expertise in the private sector. CDC's surveillance experts work closely with State, local, tribal, and territorial health departments to coordinate public health surveillance for over 70 conditions. They've established a trusted, collaborative relationship with State and local partners over many decades. Their surveillance expertise is sought after by countries and multilateral health agencies across the globe. Removing CDC surveillance scientists from this process is like removing trusted NASA (National Aeronautics and Space Administration) engineers from sending a rocket to Mars. Second, the public's trust is challenged by moving data collection to an office that is much more vulnerable to political pressure from the White House during this most volatile and important election year. Moving data collection, though data collection alone is not equal to implementing a carefully planned, effective public health system. Nonetheless, moving the data collection to HHS is seen by many as a move that puts the data in great jeopardy not only due to the loss of that expertise but also because of lack of objectivity driven by political pressure. Most Americans--68 percent in a recent poll--do not trust what the President says about the pandemic. The number of cases and deaths continue to rise with no coordinated Federal response insight. The President has suggested that the best way to reduce case numbers is to stop testing. Given this and other comments, many people find it hard to imagine that there's a great deal of support to ensure that COVID-19 data under the control of HHS will be complete and well-suited to direct public-health action. Finally, the data collection contract awarded to a private for-profit company raises concerns. The White House has moved reporting from CDC to a private entity, but it's abundantly clear that public health surveillance is an inherently governmental activity. It is a good that creates a number of positive externalities and reduces important negative externalities. And a good with these characteristics is not responsive to what drives markets. When a private company takes on an inherently governmental activity like public health surveillance, there is a clear mismatch in mission. For-profit companies are driven to succeed in order to meet their obligation to ensure profits, as they should. But public health surveillance is not a profit-driven activity, and this mismatch creates a great deal of mistrust. The American people have trusted the public health system to protect their communities from infectious diseases since before we were a country. The foundation of that system, the eyes and ears of public health, is public health surveillance. And without a well-functioning public health surveillance system, we would be unable to meet our fundamental duty to care for the health of our Nation. And if we cannot care for the health of our Nation, we cannot care for our country's prosperity. We cannot afford to fail. Thank you, and I look forward to your questions. [The prepared statement of Dr. Lee follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairman Foster. Thank you. And next is Dr. Maragakis for 5 minutes. TESTIMONY OF DR. LISA L. MARAGAKIS, SENIOR DIRECTOR OF INFECTION PREVENTION, JOHNS HOPKINS HEALTH SYSTEM Dr. Maragakis. Thank you. Good morning, Chairman Foster, Ranking Member Norman, and Members of the Committee. Thank you for the opportunity to appear before you today to discuss the experiences of experts in infection prevention and control across the United States who are on the frontlines of the pandemic response, leading hospitals and health systems in their efforts to accurately and effectively report and utilize COVID-19 data. I am Dr. Lisa Maragakis. I serve as the Senior Director of Infection Prevention for the Johns Hopkins Health System. But today in my testimony I am here to represent the members of the Society for Healthcare Epidemiology of America, the professional society of experts in infection prevention. Our members work tirelessly to protect patients by detecting and preventing healthcare-associated infections and combating the threat of antimicrobial resistance organisms. Having access to accurate, timely, and transparent data from a variety of sources is vital to our infection prevention work. Accurate data helps us to detect infectious disease transmission in healthcare, understand the effectiveness of infection prevention interventions, and devise innovative solutions to prevent infectious disease transmission. Our members serve a critical role on the frontlines of the COVID-19 pandemic response by collecting, analyzing, and utilizing data to inform critical decisions about policies, procedures, and hospital resource allocation to keep healthcare personnel, patients, and our community safe. Healthcare epidemiologists and infection preventionists are highly skilled in utilizing data to detect and respond to infectious disease threats. Epidemiologists, public health officials, and career staff scientists share the common goal of wanting to make sure that accurate and timely information sent to the right hands at the right time for evidence-based strategic decisionmaking. For decades, our experts have worked closely with and relied upon experts at the Centers for Disease Control and Prevention's National Healthcare Safety Network known as NHSN. This is a sophisticated data surveillance system that collects, analyzes, and reports healthcare-associated infection data. Our expert counterparts at the CDC and NHSN are indispensable in their expertise and understanding of the nuances and intricacies of validating and processing these consequential data. The NHSN system works very well, and for my colleagues and me it seems natural for the CDC to build upon and expand the standardized and validated NHSN system to handle the COVID-19 surveillance data. The NHSN data reporting is largely automated, minimizing the burden on healthcare facilities to collect and report the data. It therefore was a shock when hospitals were abruptly informed in mid-July that they had to stop using NHSN for COVID-19 data reporting and instead use the TeleTracking system, a new system which was not automated and which was unfamiliar. The abrupt transition was made without working with hospitals, associations, or the electronic medical record vendors to automate the data reporting process. Within 48 hours, all healthcare facilities had to scramble to manually report the data elements into the new system, find new data that had previously not been required, and create new workflow processes. This created chaos and confusion and diverted critical resources to accomplish the new reporting requirements. All of this occurred under a cloud of fear that critical Federal support could be withheld if hospitals failed to meet these new requirements. Although the transition took place several weeks ago, chaos persists, and multiple changes to the system continue to occur. The data in the new system are not validated by CDC experts prior to being used to inform decisions made by the Coronavirus Task Force and HHS officials. Data irregularities and inconsistencies have been detected in the publicly reported data. My colleagues and I have concerns over the accuracy of the data that is being used for decisionmaking at the Federal and State levels. I am here today to share the Society for Healthcare Epidemiology of America's colleagues and my experiences and to ask for your help to ensure that our country, our hospitals, our researchers, and the public have access to accurate, timely, and transparent data to help guide our COVID-19 response. Thank you, and I look forward to your questions. [The prepared statement of Dr. Maragakis follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairman Foster. And thank you for that exquisitely timed oral presentation. The--after Dr. Maragakis is Mr. Roy for 5 minutes. TESTIMONY OF MR. AVIK ROY, PRESIDENT, FOUNDATION FOR RESEARCH ON EQUAL OPPORTUNITY Mr. Roy. Chairman Foster, Mr. Norman, Members of the Investigations and Oversight Committee--Subcommittee, it's good to see many of you again, and thanks for inviting me here today. As you mentioned, Mr. Chairman, the Foundation for Research on Equal Opportunity or FREOPP for short is a nonpartisan think tank that focuses exclusively on ideas that can improve the lives of Americans on the bottom half of the economic ladder. I welcome the opportunity to discuss how better data collection, reporting, and analysis can help all Americans weather this pandemic. My written statement contains a more detailed discussion of this topic, but in my oral remarks, I'm going to focus on three subjects. First, I'll discuss how poor data reporting led to needless deaths of vulnerable seniors in our nursing homes and assisted living facilities. Second, I'll discuss a critical flaw in the way that we are reporting and interpreting coronavirus PCR (polymerise chain reaction) testing data. Third, I'll discuss the value of real-time data aggregation and analysis in solving these two problems and also in distributing potentially lifesaving medications to severely ill COVID patients. Many of you are familiar with our research on the tragedy taking place in our nursing homes and assisted living facilities. Zero-point-six percent of Americans live in long- term care facilities, and yet within this 0.6 percent of the population lies 42 percent of all deaths from the novel coronavirus, 42 percent. A major contributor to this problem, as Mr. Norman mentioned, has been a lack of consistent data on long-term care infections and mortality. In the spring, New York and other States ordered nursing homes to accept patients being discharged from hospitals with active COVID infections. At the time that these orders were issued, New York wasn't even collecting data on COVID deaths in nursing homes. Today, the State systematically undercounts its nursing home deaths in ways that make it harder to protect those who remain. CMS (Centers for Medicare & Medicaid Services) now requires nursing homes to report COVID fatalities directly to them, but if hard-hit States in the spring had collected this data in real-time, we could've delivered more PPE and testing supplies to long-term care facilities in need. A second very large problem was recently identified by Apoorva Mandavilli of the New York Times relating to the way in which we're administering and reporting PCR test results for SARS-CoV-2, the novel coronavirus. PCR is in theory the most accurate test that we have for identifying people with active viral infections, but as I detail in my written testimony, it turns out that many laboratories have been overamplifying PCR test samples by a factor of as much as 1,000. The experts interviewed by Mandavilli were shocked to learn of this, and many said that over half of the positive PCR test results in their regions were likely to be false positives based on this information. This is no mere technical detail because many States and school districts are using test positivity rates, case counts, and case-based forecasts to determine whether or not to reopen schools and their economies. It is essential for PCR lab companies to immediately begin including amplification data in the form of CT (cycle threshold) values when reporting a positive result. The good news is that public health officials are beginning to gain the capabilities to better analyze nursing home data, PCR test results, and many other types of information essential to reducing the spread of COVID-19. One of these new capabilities is HHS Protect. HHS Protect is helping the government reduce--distribute remdesivir, the FDA (Food and Drug Administration)-approved drug that has shown signs of reducing mortality in hospitalized COVID patients. Without detailed real-time information from all U.S. hospitals on COVID-19 patients, it wouldn't be possible for authorities to distribute limited supplies of remdesivir to patients who can most benefit from its use. The CDC chose to help build HHS Protect precisely because it's traditional decades-old system, the National Healthcare Safety Network, would have taken months to be upgraded to the same level. Dr. Redfield has been vocal in his--in espousing the value of this new system, and I refer you to his remarks that I've quoted in my written testimony. The transition to HHS Protect has had understandable challenges. It's a bit like changing an airplane's engine in midflight. And the concerns raised by my colleagues today regarding disruption and trust are important ones to address so that Americans can have full confidence in the new system. But HHS Protect does have significant benefits. It's dynamic approach to data aggregation will enable public health authorities to analyze detailed PCR testing data so we can better understand whether or not patients with very high CT values are at risk for illness or transmission. And CDC Director Redfield has said that the availability of HHS Protect will free up NHSN personnel to apply greater focus on protecting vulnerable seniors in nursing homes. As I noted earlier, nearly half of all deaths in the United States from COVID-19 have taken place in long-term care facilities. There's much more to say, let me stop there. I look forward to our discussion today. Thank you very much. [The prepared statement of Mr. Roy follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairman Foster. Thank you. And next is Ms. Hamilton for 5 minutes. And I think you--yes, there's a muting problem perhaps. TESTIMONY OF MS. JANET HAMILTON, EXECUTIVE DIRECTOR, COUNCIL OF STATE AND TERRITORIAL EPIDEMIOLOGISTS Ms. Hamilton. Are you able to hear me now? Chairman Foster. OK. Ms. Hamilton. OK. Chairman Foster, Ranking Member Norman, and Members of the Subcommittee, thank you for the privilege to appear before you today. I am Janet Hamilton, Executive Director of the Council of State and Territorial Epidemiologists. CSTE represents public health epidemiologists nationwide working on the front lines to respond to COVID-19. Our hearing subject today is one of the most important issues we need to tackle as a country. After years of neglect, our public health data infrastructure is on crutches, antiquated, and in dire need of security upgrades. Sluggish paper records, phone calls, spreadsheets, and faxes, requiring data entry remain in widespread use and have significant consequences: delayed detection and response, lost time, lost opportunities, and lost lives. COVID-19 has taken advantage of gaps in our current system. First, we do not have a seamless interoperable way for healthcare to communicate with public health. Our Nation needs electronic case reporting. It's that simple. We need to ensure that when providers see patients in any setting, patient demographics, clinical information, and test results for reportable conditions like COVID-19 are rapidly shared with State and local public health and then incorporated into CDC's National Notifiable Disease Surveillance System. Second, we need an electronic lab test ordering process that supports the collection of information to launch a rapid public health response. The fax machine shouldn't be the standard of care. Imagine the time it takes a busy health department to sort through thousands of faxed records, decipher, and digitize them daily. Third, nearly 1/3 of all emergency department visits are not reported to the National Syndrome Surveillance System. And lastly, death certificates are sometimes filed on paper. Deaths surpassing 200,000 tragically tells just part of the human cost from COVID-19. It takes weeks to uncover and link the death data with case, laboratory, and medical examiner data without which we cannot understand the racial and ethnic disparities exacerbated by COVID-19. The absence of information leaves us blind to the truth about the pandemic. State and local public health departments indicate initial COVID-19 lab reports are missing street address and phone number as much as 50 percent of the time. And data for race and ethnicity are missing as much as 85 percent of the time, despite that these data are already stored in electronic health records. I have personally felt frustration and anguish and seen my colleagues suffer, too, when we want to provide answers to community members. Despite wanting to help, we can't because our public health data system arteries are clogged. How many cases of COVID-19 are there in my area? Where will the next hotspot be? When can schools open safely? We can't answer these questions without data. We have started to implement solutions, but it will take a coordinated, sustained approach between State and local public health, CDC, Congress, and the Federal Government, as well as our healthcare partners. We need to move now. We need to move fast. And most importantly, we need to do all of this with public health: CDC with their State partners leading. CSTE is part of the data elemental to health campaign. Before COVID-19, we called on Congress to provide first-ever dedicated funding for public health data systems to build a 21st-century public health data superhighway. As I've outlined today, the coordinated systems for this infrastructure already exist. We do not have a science problem. We have a resource problem. With sustained resources, all jurisdictions could come online with the core systems, and CDC could build its own secure platform to receive electronic data from States. So far, a $550 million down payment has been allocated for the data modernization initiative at CDC. This funding is critical, but it cannot be a one-off. The Federal Government must commit to long-term, annual, base-budget funding to CDC. To close, CDC, together with State and local public health officials, have led every public health response to date. In this response, we have seen inconsistent Federal and State coordination. State public health leaders must have direct regular access to Federal officials to help contain the virus in their regions. We cannot and should not make essential policy decisions without CDC and public health experts on the ground who fully understand the data-collection challenges and strengths. Thank you for the opportunity to testify before the Subcommittee today. [The prepared statement of Ms. Hamilton follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairman Foster. Thank you. And at this point we will now begin our first round of questions, so the Chair will now recognize himself for 5 minutes. Dr. Lee, we know that surveillance science is more complex than simply collecting data and posting it on a website. The data often needs to be cleaned and validated for accuracy, and anomalous--anomalies must be tracked down, errors corrected. Epidemiologists then search for trends and meaning behind the raw numbers. They translate their findings into actionable advice for decisionmakers. And I'm very concerned that we've lost a lot of institutional knowledge by requiring hospitals to report critical data to TeleTracking directly instead of through the CDC. So, Dr. Lee, in your opinion, does HHS have the in-house expertise to handle the data collected by TeleTracking and use it to make decisions about resource allocations? And perhaps if you could also give some examples of the sort of, you know, data cleaning and error correction that have to take place. Dr. Lee. Thank you, Mr. Chairman, for that great question. As I mentioned in my testimony, both written and oral, my--you know, I do not think that, you know, there is expertise anywhere except at CDC in terms of the complex set of activities that it takes to actually develop and implement a system. There is expertise, but it's--it lies squarely at CDC. As I said, there's hundreds of years of experience there. I think the point really is to recognize that developing a system that measures sentinel events requires careful thought. It requires an understanding of science and epidemiology. It requires a sense of what specific data will be needed for decisionmaking. So for COVID-19, for example, we've made efforts to collect data on a number of events or signals. We monitor the number of tests to assess how well we're actually measuring the impact of the disease. We use the number of proportion of positive tests to measure the current spread of infection. We use the number of hospitalizations to say something about the number and characteristics of severe cases. We also collect data on the number of deaths as an indicator of both delayed care and severity of infection but also on the effectiveness and equitable distribution of treatment. So these kinds of decisions that--about which events to include in a surveillance system are critical because they help us describe what's happening. And, you know, we have to make sure that when we have the data, we are deciding how to appropriate and allocate resources to decide when and where to deliver public health interventions, so--and also to evaluate when these interventions are useful and have helped us to combat outbreaks. So these important decisions about the design of a system should be made by public health surveillance scientists with the training and experience in data management, epidemiology, statistical analyses and interpretations, as well as a good handle on how to communicate risky--risk and--risk data and complex data and, you know, data that are not complete-- incomplete data. And since---- Chairman Foster. Well, thank you. I should--I have to---- Dr. Lee. Sure. Chairman Foster [continuing]. Get into other questions here. Dr. Lee. OK. Chairman Foster. You know, I'm concerned about, you know, the way that the TeleTracking requirement was implemented. You know, this is--Dr. Maragakis mentioned, it was actually more than a fear that payments would be suspended. Secretary Azar mentioned--emailed hospitals on April 21st and said please be aware that submitting data through TeleTracking is a prerequisite to payment, which is not what you want to hear when you--you're, you know, trying to deal with an ongoing emergency and then you have to divert personnel to learn a whole new system and work through its deficiencies. And so do you know--you know, can you comment, Dr. Maragakis, about some--how hospitals may have been overwhelmed and under-resourced, you know, in trying to respond to this when that requirement came down? Dr. Maragakis. Yes, thank you, Mr. Chairman. It was extremely disruptive. The nature of the transition between systems really led to what was largely a manual process, whereas previously we had automated ways that had been constructed to extract the data from electronic medical systems and to report these data. As I mentioned in my opening testimony, manual processes had to be implemented. Many new data elements were required. The reporting frequency was escalated to daily. And so this has been a very large burden on hospitals and healthcare facilities across the Nation, and many are under-resourced to meet that challenge. Chairman Foster. Thank you. My time is expired, and I now recognize the Ranking Member, Mr. Norman, for five minutes. Mr. Norman. Thank you, Chairman Foster. Mr. Roy, in your testimony you identified that 42 percent of all U.S. deaths from COVID-19 have occurred in long-term facilities. Namely, New York City has been publicized as one of the worst for the deaths. You go on to explain how some State Governors made disastrous decisions to force long-term facilities to accept COVID-19-infected patients due to poor data on how the virus disproportionately affects the elderly. You then indicate that some States are also producing misleading data on the number of deaths occurring in these facilities. In your opinion, how did we allow inaccurate data reporting to occur, and how can we ensure better reporting in the future? Mr. Roy. Thank you, Mr. Norman. So the big problem here was that at the very beginning of the pandemic when we did not know very much about SARS-CoV-2, the novel coronavirus, so there's obviously a lot we still don't know, but in the beginning we knew even less. And a lot of the playbooks that the policymakers started using at the State and local levels and at the Federal level to some degree were based on influenza pandemics. But coronaviruses are not--do not necessarily behave in the same way as influenza viruses. And so one of the ways in which this played out was the biggest concern that you saw, for example, in New York and other States like New York that adopted this policy was, well, we've got to keep people out of the hospital because we see all the pictures from Italy of the hospitals being overwhelmed. That's the thing we've got to avoid. We've got to avoid hospitals being overwhelmed. And you, nursing homes, are going to have to take these patients because all we care about is avoiding hospitals being overrun. The problem is that in coronavirus pandemics a big problem is how lethal SARS-CoV-2 in this case is in vulnerable seniors because compared to influenza, SARS-CoV-2 is much more deadly in the elderly relative to influenza, which affects the young as well to a more significant degree than COVID-19 does. So, as a result, they basically forced these infected patients in nursing homes and not--weren't even aware of how the nursing homes were spreading SARS-CoV-2 and COVID-19 illness. And until, again, you know--until it was effectively too late, they didn't start pulling that data. And to this day, New York State what they do now is they-- if you die in a hospital but you got infected in a nursing home, they are counting it as a hospital death, not a nursing home death, so we still don't have clear visibility into how many people in New York State and New York City have died in long-term care facilities. So all this to say these are some of the problems early on. Now, CMS is starting to require this data to come in directly to CMS, and that's helping, but this is an example of the way faulty theories and, you know, led to mismanagement, and we could've used data to correct those faulty theories and we didn't. Mr. Norman. Thank you. And, you know, you mentioned that Congress has been attempting to upgrade the American public health infrastructure for the last decade. What other steps can Congress take to modernize sluggish public health data systems so that we are better prepared for public health emergencies? Mr. Roy. Well, as I mentioned in my written testimony, as you know, Mr. Foster, there have been numerous attempts by Congress to upgrade public health surveillance infrastructure. Until very recently, none of those efforts by Congress, even though they were well-funded and had mandates and GAO (Government Accountability Office) reports and inspections, led to any change in the modernization of that surveillance infrastructure. So it's good that we're starting to see that difference, and I think it will be very important for Congress to deploy its authority to see the difference or the improvement if there is an improvement from HHS Protect and learn how to use HHS Protect as a more 21st-century approach to public health surveillance. Mr. Norman. OK. And we're running short on time, but can you expand on some of the consequences of overestimating the number of positive cases that exist? Mr. Roy. Yes. So as I mentioned in my oral and written testimony, the--one of the big issues right now is you have a number of States that are locking down or closing schools based on test positivity rates and cases per 100,000 residents. But if a number of those positive test results are based on PCR tests, it turns out that in many parts of the country roughly half of the positive PCR tests appear to be false positives based on this reporting around CT values or the level of amplification of the PCR samples that lab companies are using. So it's incredibly important that we have a better understanding of what's going on in terms of the actual level of positivity from a CT value standpoint of these PCR tests. That may be part of the reason why--while we're seeing positive cases here and in Europe, we're not seeing--or particularly here, the same level of deaths per positive case that we saw early on in the pandemic. There are other reasons as well, but that may be one of them. But most importantly, because of the harm from economic restrictions and from school closures, it's incredibly important that we are accurately understanding the true extent of the spread of the virus. Mr. Norman. Great. Thanks so much. I yield back. Chairman Foster. Thank you. And I'll now recognize my colleague from Oregon, Ms. Bonamici, for 5 minutes. Ms. Bonamici. Thank you, Chairman Foster and Ranking Member Norman. But thank you to our witnesses. And I know we're talking about data today, but I really appreciate the acknowledgment that lives are represented by this data. And you've articulated why accurate, reliable data and our ability to understand and learn from it is so important to save lives and protect public health. And now we're at this 200,000-lives- lost threshold, and each of those individuals was more than a statistic, and we have to keep that in mind as we're learning today and how are we going to apply the hard lessons over the last several months. And I want to start with Dr. Maragakis. As you referenced in your testimony, HHS made reporting to TeleTracking mandatory on July 10 and stated that hospitals had five days to come into compliance with this requirement, also announced--HHS also announced TeleTracking reporting would now be the sole mechanism to calculate distribution of treatment and supplies for COVID-19. And I understand this new system included many data points that had not previously been requested by CDC, and the terminology used in TeleTracking was unclear, leading to confusion about what exactly was required. So will you please explain the importance of standardized data and what it would mean if there are differences in how COVID data is compiled and reported? For example, if New York City is reporting probable COVID deaths but New York State is reporting only confirmed deaths, what does that mean? Describe what challenges that might lead to. And I also want to follow up on my colleague Mr. Ranking Member Norman's question. If you would respond, what is the consequence of underestimating the number of positive COVID cases as well? Dr. Maragakis. Thank you for the question. As you note, standardization of definitions is critical so that when we are counting and looking at the data, we are comparing apples to apples. That is ideally represented by Federal, national, standardized definitions that then can be trickled down through the State health departments, and facilities can follow this guidance and accomplish accurate reporting so that we are sure when we are looking at the numbers that we know precisely what is being measured. This is so critical in the case of the COVID-19 data. And, as you mentioned, the switch from NHSN, which is a well-established, validated system with experts that are used to measuring these kinds of data elements, it led to poorly defined data elements, a lot of confusion, no user manual, difficulty getting the answers, and manual reporting of data. And so junk in, junk out, unfortunately. If we don't have good data and good definitions, we can't rely on what comes out the other end. Ms. Bonamici. And so all of these issues that you have described, have the--all the entities, hospitals and others that are reporting to TeleTracking, have they--has HHS been responsive to concerns that have been raised? Have they responded to feedback in the months since the switch? Dr. Maragakis. The implementation of this new system has been extraordinarily rocky. It's put an incredible burden on hospitals across our Nation. In the earliest days there was no guidance. This has gotten slowly better over time, but it has been very difficult to get the answers that health systems and hospitals need in order to accomplish the reporting. Ms. Bonamici. And do you agree that based on all those issues and concerns there is a possibility that there could be serious consequences from underreporting COVID-19? Dr. Maragakis. Absolutely. I feel--and we have to remember that this is not just about the cases of COVID-19 but about critical data elements that have to do with our response, so personal protective equipment on hand, staffing levels, and other data elements that are vital to our response and knowing how to prepare ourselves and allocate our resources. Ms. Bonamici. Thank you. And I wanted to get in a question to Ms. Hamilton as well. Thank you for your testimony. You raised similar concerns about mismatch and duplicative data in your reporting, and we know how important that accurate data is. State public health officials are operating under enormous strain during the pandemic, as you noted, but if the Federal data reporting and management system fails to perform competently, the States are forced to react and try to fill some of that gap. How are State public health agencies reacting to concerns about the lack of validation and transparency for data from TeleTracking? And are they taking steps to strengthen their own data collection capabilities? And why--what can they do to improve short-term data reporting and management at the State level? How important it is for them to collaborate on subsequent changes? Ms. Hamilton. Yes, those are great questions, and changes that affect healthcare affect public health because we work in such collaboration and coordination. I think the first thing is that our guiding principle needs to be to strengthen our public health infrastructure and ensure that data flows from healthcare to State local public health and then onto the Federal Government, so it should be flowing through the public health system, not around the public health system. And when we saw a change like this, I mean, it was confusing. I think you've heard that very well. And it was confusing for public health as well. And States have then gone and worked very closely with their healthcare providers to figure out what kinds of intermediaries can be put in place so that the right data is available at the local level for that important decisionmaking. You know, I also feel like I want to comment on something that has come up already, which is funding for public health. And I heard a comment that there had been a lot of funding. And I really want to make clear that public health has never had dedicated funding for surveillance system data modernization and improvement. And that's a really critical piece. We need that foundational core funding, and it needs to happen on an annual basis. There has been---- Chairman Foster. And I'm afraid I must---- Ms. Bonamici. The time is expired but---- Chairman Foster. I must interject---- Ms. Bonamici [continuing]. Thank you. Thank you, Mr. Chairman. Thank you for your---- Chairman Foster. Thank you. Ms. Bonamici [continuing]. Testimony and---- Chairman Foster. And for Members that are interested, I will entertain having a second brief round of questions to follow up on anything--issues that have come up. I now recognize my colleague from Virginia, Mr. Beyer, for 5 minutes. Mr. Beyer. Mr. Chairman, thank you very much. I really appreciate your doing this. And I'm so glad that we're here to talk about COVID-19 data and data management and specifically about strengthening the public health infrastructure. This has really been one of the key weaknesses in the U.S. response. I had a conversation with Dr. Chris Murray back in April I guess, who is the founder, the leader of the Institute for Health Metrics Evaluation, the first website I check every morning. And he was so frustrated by the lack of data. And to that end we put together the Improving COVID Data Transparency Act, which I'm sure that Chairman Foster and Ms. Wexton, and Ms. Bonamici are already on. I come back to the only computer stuff, GIGO, the garbage in, garbage out. If you don't know what you're doing, it's very difficult to manage it. Werner Heisenberg, Dr. Foster is our only Ph.D. physicist in the Congress, who understands that anytime you measure anything, you inevitably change it. And if you measure it well, we're going to change it well. But let me give you the information framework though because we have unfortunately--I don't mean this to be political, but this is the reality. We have a President who's undermining the role of our Federal institutions. He has a list of the intelligence agencies but rather would listen to foreign dictators. He undermines the scientific standards at the EPA (Environmental Protection Agency) so they can pollute unabated. And he undermines the credibility of our health agencies by censoring or convoluting the messaging for political reasons. Early in the Trump Administration I raised concerns about the odd precedent of politicizing basic CMS correspondence to the medical community, so Seema Verma then hires image consultants. But we didn't imagine that the same narcissism in our health system response would hold true during a pandemic that placed image over American lives. And we've seen the CDC and Dr. Fauci be hamstrung in briefing to the public on the epidemic, and we've seen these coronavirus hearings turn into functional Trump campaign rallies. So responding to this worry, the point of this bill is to depoliticized CDC communication. To have noncareer-- nonpolitical rather, nonpolitical career CDC staffers brief the public on the Morbidity and Mortality Weekly Reports. These are the gold standard, a weekly epidemiology digest published by the CDC to share the latest information. And now we understand that the Trump officials actually interfere with these reports, too. So, Dr. Maragakis, what's the danger in this type of political review or efforts to intimidate the author's reports other than 200,000 American lives? Dr. Maragakis. Thank you for your question. You know, we are in such a crisis in this country due to the pandemic, and there are terrible effects, both health and non-health effects, but we all really need to use these data and the guidance from the CDC to be able to trust that it is scientifically based, that it is evidence-based because we have enough work to do on our plates even if we had that clear guidance. And so manipulation or confusion or unclear messaging really just dilutes the message, it confuses the public, and it makes it more difficult for us to take the steps that we need to do to prevent viral transmission and to diagnose and care for the patients who are afflicted with this disease. Mr. Beyer. Thank you very much. Dr. Hamilton, as I understand it, only one electronic healthcare record company can currently do electronic case reporting immediately to local health departments. Can you talk about the benefit of electronic case reporting and why that would help us to respond faster? Ms. Hamilton. Yeah, absolutely. That's a great question. And from the public health perspective, when we look at data modernization, we feel that this is probably the single biggest transformation that we need, and we just have not seen the commitment to fund this and invest in it. I have some great colleagues across the country that have started to implement electronic case reporting. Most specifically, I would report from the Florida Department of Health, who has recently implemented it. And their comments in terms of data improvement from review of the initial data thus far is, amazingly, things like missing information is--that gap has really been closed, so the address information is missing less than 1 percent of the time, phone number as well. I mean, these are huge improvements when we look at the ability to identify hotspots and contact patients. The race and ethnicity information also dramatically improves going down to just missing for a few percentage points. So, you know, it's the reports that come in, and then that allows public health to act in an immediate way to contact the patient, to identify contacts rapidly, and then even before you can reach someone, you can start aggregating it and identifying community-based hotspots, as well as health disparities based on that race and ethnicity data. Mr. Beyer. That's great, thank you. And, Mr. Chair, I yield back with a comment I have a couple of children who are form-phobic, but when you do it on the internet it won't let you go forward until you put in your address. It really helps. Chairman Foster. Thank you. And I will now recognize my other colleague from Virginia, Ms. Wexton, for 5 minutes. Ms. Wexton. Thank you, Mr. Chairman, and thank you to the witnesses for joining us here today. You know, following up on the questions of my colleague from Virginia, I would ask of all the witnesses, what can we in Congress do to protect our public health infrastructure from political pressure? Is there anything we can do or are we just out of luck? Dr. Lee. Well, I'll start by saying that we have to rely on evidence, and we have to rely on the experienced public health professionals who have been doing public health surveillance before we were even a country. In 1741 was the first rules around tavernkeepers were, you know, being required to report contagious diseases to the colonial leaders. And I think the more that we can rely on the expertise and the experience of our State, local, and Federal health officials, the public health officials and keeping it out of the opportunity to spin, to make data, you know, a political pawn or a political tool is going to be critically important. And I can't agree with you more that what we need is Congress to fund--consistently fund public health surveillance and to ensure that that--experts who have experience are the ones who develop and maintain and implement these systems. Ms. Wexton. So through our funding function and our oversight function I guess is how we can do it. Thank you, Dr. Lee. Now, my colleague from Virginia and I, we are very proud that our Commonwealth was the first State in August to rollout the COVIDWISE app. And people are putting it on their phones. I've got it on mine. Don has it on his. And, you know, it's a very convenient way to do contact tracing. It'll let you know if there--you've been in prolonged contact with a person who ultimately tests positive. But in order for it to work, we need people to actually have it on their phones. And because it has Bluetooth--it operates under Bluetooth technology instead of location data, it helps limit some of the privacy concerns that a lot of people have. So what can we as public officials do to help support our local health departments to get more people to put these apps on their phones? Because if we have 150,000 people who have downloaded it on our phones in Virginia, that's great, but in a State with a population of over 8 million, it's still just a small proportion of people. So what can we do to support those efforts? Dr. Lee, do you have any thoughts on that? Dr. Lee. Thanks. I do actually. I think Ms. Hamilton will have some more State and local perspective, but I think the--as I said in my testimony, the primary concern here for folks is that the data are being used for the reasons they were collected. If people do not trust that that's the case, if they think that the data might be used to call ICE (Immigration and Customs Enforcement) or to cause some other kind of harm or to track their location for other reasons, people will not trust the app. So we have to make sure that we go back to first principles of what ethical data collection is for public health, and that means you collect the least amount of data necessary, you use them for the purposes for which they were collected only, and that you protect the privacy and identifiability of the data. Public health has been doing that for decades, for centuries, so I think we have a pretty good track record. Ms. Wexton. Thank you very much. Dr.--Ms. Hamilton, do you have anything to add to that? Ms. Hamilton. Yes, I mean, I think at the core we need the public's trust, and the more that we can support that with leadership and recognition that public health has been the longest-standing steward of protected health information. We have done this since our inception, and we have done it well, securely, and safely, and we will continue to do that. And this is about people protecting themselves and their families. And I think we have to recognize as well that traditional contact tracing, because of trust issues right now, is really suffering. You know, I hear from State colleagues they're identifying one or fewer contacts per case because people are not providing that information because of the erosion of trust that we have seen. And so we really need voices to lead and talk about how much experience public health has in this space and how critical it is to use all of the resources that we have available to us in order to really halt the spread of this virus. Ms. Wexton. Thank you very much. And with that I'm going to yield back because I see my time is almost up, so thank you so much for your responses. Chairman Foster. Well, thank you. And I guess there is some Member interest in a quick second round of questions, and so with that, I will recognize myself for 5 minutes for actually a single question. You know, there--I--Ms. Hamilton and others have mentioned the benefits of automating this in conjunction with the electronic health record systems. And one of the big issues in any of the automation and cross-operability is the lack in the United States of a unique patient identifier. And this is something that's been a long-standing problem in our country. It was one of the things that enabled the opioid epidemic. The fact that there was not a unique patient identifier made it impossible to identify a patient who was getting multiple opioid prescriptions from multiple doctors in--potentially in multiple States. And so--and this has been--actually it's Congress' fault. There was--25 years ago, my former colleague Ron Paul adopted a policy rider, got a policy rider adopted that banned HHS from promulgating a unique patient identifier. And so this has been killing, by many estimates, tens of thousands of Americans every year due to preventable medical errors, due to patient misidentification. And of course with the COVID crisis, you know, there--additional flaws in a system without a unique patient identifier have been made clear, you know, everything from getting, you know, uniform death record reportings to just combining the healthcare records. Zeke Emanuel in his recent study of many different countries identified this as a huge problem in the United States that isn't present in advanced countries where even in countries where there are multiple providers of electronic health records, there is a unique identifier so you show up and say, OK, here is my patient ID number, and then you can bring in the records from many medical providers. And so, you know, I am very proud that we're able at least in the U.S. House to start fixing this problem. You know, faced with this, my Republican partner Representative Kelly and I put--got a floor vote last summer, and a strong bipartisan vote in favor of repealing that ban and so to finally allow a unique patient identifier for patients that wish one. And second, we, just a month or two ago, got it adopted unanimously in the U.S. House, and so we're now really--this is something where the Senate can act by simply concurring with the House and save thousands of American lives. So I was wondering if you can comment on the importance of being able to simply avoid a patient misidentification in this. You know, Ms. Hamilton or any one of our panelists. Ms. Hamilton. You know, I'll just say that de-duplication of records is a huge issue. And, you know, I provided for you all as part of my testimony today some of the lab reports that health departments currently receive in the thousands, and I hope that you'll be able to have those not easily viewable on screen, but please do look at some of those handwritten reports. I mean, we're deciphering these things, and it does create issues and problems. It creates issues identifying the right individual, and we get multiple reports on individuals. People are tested multiple times. Some of the lab reports only include a name and a date of birth with nothing else at all, so matching is certainly an issue with important consequence and one that we address very carefully within public health to do that matching. Chairman Foster. Yes, well, I---- Mr. Roy. Mr. Chairman, I just want to add that I share this concern very much, and I'm happy to be helpful to you and the Committee in trying to find ways to advance policies that would achieve a unique patient identifier. Chairman Foster. Yes. It is--I think the ground has shifted on that politically on both sides of the aisle certainly in the U.S. House. There's just unanimous recognition, you know, from the opioid issue if for no other reason. And so this is--it's rare that Congress can do something that will cost negative money and save thousands of lives, but this is certainly an opportunity. Anyway, I understand also that Representative Beyer is interested in another round of questions, so I'll recognize him for 5 minutes. Mr. Beyer. Mr. Chairman, thank you very much. Following up on our last conversation with Dr. Hamilton, one of the things I've been impressed with is 15 years ago I learned that when you drive through Taco Bell, if they change the price on the--you know, the chalupa by five cents that the data immediately goes right to Taco Bell corporate in Atlanta or wherever it is, and they are able to figure out what the elasticity of demand is based on that. If they can do that at fast food restaurants, wouldn't that be nice to be able to do that with major health issues? So thank you for pushing forward on this. I also want to shout out Dr. Maragakis for being part of SATA, which is in Arlington, Virginia. You see Virginia leads once again. And then Dr. Lee, who was part of Virginia Tech, an outright Hokie. So--I know you're upset, but Illinois was once part of Virginia back before the--1776, so we include you. My bill that we talked about, which I'd love to compare to what Ms. Hamilton--Dr. Hamilton has in terms of this national infrastructure bill. It tries to restore trust in the CDC but also the value of the outsourcing of the modeling because most of the current modeling is not being done by the CDC. And a lot of the States are hiring expensive outside consulting firms to do this. So, Dr. Lee, can you talk about the importance of public health confidence in the CDC and any concerns about the outsourcing of information? Dr. Lee. Thank you, excellent question. And I think that, you know--I think we've all stated over the last hour and a half about the importance of CDC expertise. I think one of the things that matters a lot to public health system is that the data that we collect and use to address public health issues are available not only to experts within CDC but that those data become safely available to other very smart people in our country who can help us with modeling, who can help with a number of different approaches to using the data to best prevent infections and, you know, help us mitigate risk for this particular infection. So I think that, again, I will say that without the public's trust in our system to collect the data, we're not going to have that for anyone else to use, so we really need to be thinking carefully about how we can collect the data that is, you know, accurate and valid, how we can safely share those data with other really talented researchers in our region, in our country, in our world to help us fight this epidemic. Ms. Hamilton. Yes. I mean, I just---- Mr. Beyer. Thank you. We had a Joint Economic Committee meeting yesterday with Dr. Ashish Jha, head of the Public Health at Brown who was just terrific. And he again emphasized that access to information is the single best tool that Americans have to protect themselves from the virus. Dr. Hamilton, I was impressed that less than one contact person is identified in the contact tracing because of fears of public trust. Can you tell me, what do they think is going to happen? Do they think that the person they identified will be arrested in the middle of the night? Ms. Hamilton. You know, when we don't reach people, we don't know what it is, right? I mean, I think that there's been a lot of concerns that are raised when it comes to what and how the data could be used. And unfortunately, it's--when it's not clear exactly how data is being used and we have confusing, mixed messaging, then there are a number of reasons, I'm sure, why people no longer want to provide certain kinds of information, fear of stigmatization, potential fears for loss of work, fears that arise in terms of, you know, will their children be able to go back to school. And unfortunately, we've seen some really divisive things happen in this pandemic, and I think that's why it's so important that we do hold up our public health leaders and partners and are clear in terms of how the data is being used so that we can really provide that information to the public to do our job saving lives. Mr. Beyer. That's great. Thank you very much. And, Chairman Foster, I yield back. Chairman Foster. Well, thank you. And before we bring the hearing to a close, I just want to thank our witnesses for testifying before the Committee today. I also want to thank you personally for your concern about data-quality issues in medicine. My daughter Christine does healthcare data analytics for the Commonwealth of Massachusetts and regularly complains to me about low-quality data and incomplete data that she has to wrestle with. And so I think the things you have mentioned toward a better path forward in our country, that Congress should pay attention to that. The record will remain open for 2 weeks for additional statements from the Members and any additional questions the Committee may ask of the witnesses. The witnesses are now excused, and the hearing is now adjourned. [Whereupon, at 12:16 p.m., the Subcommittee was adjourned.] Appendix ---------- Additional Material for the Record [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]