[House Hearing, 107 Congress] [From the U.S. Government Publishing Office] BATTLING BIOTERRORISM: WHY TIME INFORMATION-SHARING BETWEEN LOCAL, STATE AND FEDERAL GOVERNMENTS IS THE KEY TO PROTECTING PUBLIC HEALTH ======================================================================= HEARING before the SUBCOMMITTEE ON TECHNOLOGY AND PROCUREMENT POLICY of the COMMITTEE ON GOVERNMENT REFORM HOUSE OF REPRESENTATIVES ONE HUNDRED SEVENTH CONGRESS FIRST SESSION __________ DECEMBER 14, 2001 __________ Serial No. 107-132 __________ Printed for the use of the Committee on Government Reform Available via the World Wide Web: http://www.gpo.gov/congress/house http://www.house.gov/reform U.S. GOVERNMENT PRINTING OFFICE 82-632 WASHINGTON : 2003 ____________________________________________________________________________ For Sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 COMMITTEE ON GOVERNMENT REFORM DAN BURTON, Indiana, Chairman BENJAMIN A. GILMAN, New York HENRY A. WAXMAN, California CONSTANCE A. MORELLA, Maryland TOM LANTOS, California CHRISTOPHER SHAYS, Connecticut MAJOR R. OWENS, New York ILEANA ROS-LEHTINEN, Florida EDOLPHUS TOWNS, New York JOHN M. McHUGH, New York PAUL E. KANJORSKI, Pennsylvania STEPHEN HORN, California PATSY T. MINK, Hawaii JOHN L. MICA, Florida CAROLYN B. MALONEY, New York THOMAS M. DAVIS, Virginia ELEANOR HOLMES NORTON, Washington, MARK E. SOUDER, Indiana DC STEVEN C. LaTOURETTE, Ohio ELIJAH E. CUMMINGS, Maryland BOB BARR, Georgia DENNIS J. KUCINICH, Ohio DAN MILLER, Florida ROD R. BLAGOJEVICH, Illinois DOUG OSE, California DANNY K. DAVIS, Illinois RON LEWIS, Kentucky JOHN F. TIERNEY, Massachusetts JO ANN DAVIS, Virginia JIM TURNER, Texas TODD RUSSELL PLATTS, Pennsylvania THOMAS H. ALLEN, Maine DAVE WELDON, Florida JANICE D. SCHAKOWSKY, Illinois CHRIS CANNON, Utah WM. LACY CLAY, Missouri ADAM H. PUTNAM, Florida DIANE E. WATSON, California C.L. ``BUTCH'' OTTER, Idaho STEPHEN F. LYNCH, Massachusetts EDWARD L. SCHROCK, Virginia ------ JOHN J. DUNCAN, Jr., Tennessee BERNARD SANDERS, Vermont ------ ------ (Independent) Kevin Binger, Staff Director Daniel R. Moll, Deputy Staff Director James C. Wilson, Chief Counsel Robert A. Briggs, Chief Clerk Phil Schiliro, Minority Staff Director Subcommittee on Technology and Procurement Policy THOMAS M. DAVIS, Virginia, Chairman JO ANN DAVIS, Virginia JIM TURNER, Texas STEPHEN HORN, California PAUL E. KANJORSKI, Pennsylvania DOUG OSE, California PATSY T. MINK, Hawaii EDWARD L. SCHROCK, Virginia Ex Officio DAN BURTON, Indiana HENRY A. WAXMAN, California Melissa Wojciak, Staff Director Howard Denis, Professional Staff Member Teddy Kidd, Clerk David Rapallo, Minority Counsel C O N T E N T S ---------- Page Hearing held on December 14, 2001................................ 1 Statement of: Baker, Edward, M.D., M.P.H., Director of Public Health Practice Program Office, accompanied by Kevin Yeskey, M.D., Acting Director, Bioterrorism Preparedness and Response Program, National Center for Infectious Diseases........... 8 Regan, Rock, National Association of State Chief Information Officers, chief information officer, State of Connecticut; Gianfranco Pezzino, M.D., MPH, Council for State and Territorial Epidemiologists, State epidemiologist, Kansas Department of Health and Environment; Paul Wiesner, M.D., MPH, National Association of County and City Health Officials, director, DeKalb County Board of Health; Michael H. Covert, American Hospital Association, president, Washington Hospital Center; Carol S. Sharrett, M.D., MPH, director of health, Fairfax County Department of Health; and Charles E. Saunders, M.D., president, EDS Health Care Global Industry Group...................................... 36 Letters, statements, etc., submitted for the record by: Baker, Edward, M.D., M.P.H., Director of Public Health Practice Program Office, prepared statement of............. 11 Covert, Michael H., American Hospital Association, president, Washington Hospital Center, prepared statement of.......... 69 Pezzino, Gianfranco, M.D., MPH, Council for State and Territorial Epidemiologists, State epidemiologist, Kansas Department of Health and Environment, prepared statement of 47 Regan, Rock, National Association of State Chief Information Officers, chief information officer, State of Connecticut, prepared statement of...................................... 39 Saunders, Charles E., M.D., president, EDS Health Care Global Industry Group, prepared statement of...................... 83 Turner, Hon. Jim, a Representative in Congress from the State of Texas, prepared statement of............................ 5 Wiesner, Paul, M.D., MPH, National Association of County and City Health Officials, director, DeKalb County Board of Health, prepared statement of.............................. 56 BATTLING BIOTERRORISM: WHY TIME INFORMATION-SHARING BETWEEN LOCAL, STATE AND FEDERAL GOVERNMENTS IS THE KEY TO PROTECTING PUBLIC HEALTH ---------- FRIDAY, DECEMBER 14, 2001 House of Representatives, Subcommittee on Technology and Procurement Policy, Committee on Government Reform, Washington, DC. The subcommittee met, pursuant to notice, at 10 a.m., in room 2247, Rayburn House Office Building, Hon. Thomas M. Davis (chairman of the subcommittee) presiding. Present: Representatives Tom Davis of Virginia, Horn, and Turner. Also present: Representative Shays. Staff present: Melissa Wojciak, staff director; Amy Heerink, chief counsel; George Rogers, counsel; Howard Denis and Victoria Proctor, professional staff members; Teddy Kidd, clerk; David Rapallo, minority counsel; and Jean Gosa, minority assistant clerk. Mr. Tom Davis of Virginia. Good morning. Welcome to today's hearing on the information-sharing capabilities of the Center for Disease Control and Prevention, hereinafter the CDC, for responding to a bioterrorism threat. This hearing will review the CDC's March 2001 report, ``Public Health's Infrastructure: Every Health Department Fully Prepared, Every Community Better Protected.'' The best initial defense against public health threats, whether naturally occurring or deliberately caused, continues to be accurate, timely recognition and reporting of problems. To that end, one of our top priorities must be to ensure that we have a strong information-sharing network that protects privacy while seamlessly connecting local, State and Federal Governments. Moreover, timely and easy access to information is key to applying effective countermeasures. However, the CDC report noted serious deficiencies in the timely distribution of information between Federal, State and local governments in response to critical public health threat. The March 2001 report outlined a number of goals for improving communication and information technology capabilities at the Federal, State and local level. The hearing today will examine our progress to date in meeting the goals set forth in that report and the timeframes for reaching our, as yet, unmet goals. Additionally, it will discuss lessons learned from the recent events related to the anthrax incidents in October and November of this year as well as existing pilot programs on the Health Alert Network and the National Electronic Disease Surveillance System. The hearing today will also review best practices for information-sharing among Federal, State and local entities to determine our next steps for responding to future bioterrorism crisis. The recent anthrax attacks shows the need to improve information-sharing capabilities of the disparate Federal, State and local health authorities as well as private hospitals in the event of a public health emergency. Both basic IT infrastructure and communication protocols must be clarified in order to achieve the efficient system necessary to effectively respond to an emergency. There is borne out by CDC's estimate that currently only 68.1 percent of U.S. counties have high speed-Internet access and can receive a broadcast message. Moreover, only 13 States have high-speed Internet connections with all of their counties. Originally, CDC's goal, as stated in their March 2001 report, was to ensure by 2010 that all health departments have continuous high-speed access to the Internet and have established standard protocols for data collection, transport, electronic reporting, and information exchange to protect privacy while seamlessly connecting, local, State and Federal data systems; to have immediate on-line access to current global health recommendations, health and medical data, treatment guidelines and information on the effectiveness of public health interventions; and to have the capacity to send and receive sensitive health information via secure electronic systems and to broadcast emergency health alerts. In the wake of recent events, the CDC is considering ways to accelerate the timetable for implementation of the recommendations in its March report, ahead of the original 2010 target date. In addition, CDC has developed tools for States to perform a self-assessment of information-sharing capabilities. It has begun to work to develop a grant program to implement these tools, identify gaps and develop a plan that includes a joint State-local strategy to fill these gaps. Additionally, three ongoing CDC initiatives--the Health Alert Network, Epi-X, and the National Electronic Disease Surveillance System--are being used to achieve the recommendations listed above. The Health Alert Network [HAN], is a nationwide program to establish the communications/information distance learning organizational infrastructure needed to respond to public health emergencies. It will link local health departments to one another and to other organizations critical for preparedness and response. Its features include providing to State and local health officials high-speed, secure Internet connections, on-line access to CDC's prevention recommendations, practice guidelines and disease data; the capacity to transmit secure surveillance, laboratory and other sensitive data and access to distance learning programs and services, and early warning and alert broadcasts. Moving forward, it is going to be necessary to determine what current Federal telecommunications development programs can be used in conjunction with the CDC initiatives to facilitate necessary improvement in the public health IT infrastructure nationwide. Finally, the subcommittee will review the effect media reporting played in the public health community's response to anthrax incidents. As public health professionals attempted to provide warnings and guidance based on traditional epidemiological methods, they often found themselves outpaced by constant media reports. Timely and accurate transmission of information to the general public will be a vital communication objective in future health emergencies. Recent events have shown the slim margin of error in this area before public mistrust begins to take hold. Thus, future communication plans must take into account the role the media will play in shaping public reaction and ensuring the correct message emerges immediately from those responsible for making health policy decisions. The subcommittee today is going to hear testimony from Dr. Edward Baker and Dr. Kevin Yeskey of the CDC. We will also hear from Mr. Rock Regan of the National Association of State Chief Information Officers; Dr. Gianfranco Pezzino, of the Council of State and Territorial Epidemiologists; Dr. Paul Wiesner of the National Association of County and City Health Officials; Mr. Michael Covert of the American Hospital Association; Dr. Carol Sharrett of the Fairfax County Department of Health; and Dr. Charles Saunders, EDS Health Care Global Industry Group. I now yield to Congressman Turner for any statement that he may wish to make. Mr. Turner. Thank you, Mr. Chairman; and thank you for hosting the hearing today on this very critical subject. And I welcome all of our witnesses who have come to share with us the progress that we are making in this area. There is no question, based on what the Centers for Disease Control report told us just a few months ago, that we have serious deficiencies in our public health system in our effort to deal adequately with the threat coming from biological agents. The recent experience with anthrax, I think, underscores the need to be very aggressive with regard to this particular area. I noted in the CDC report that it concluded that public health agencies lacked basic equipment, such as computers and Internet connections, as Chairman Davis mentioned. It mentioned that many of our public health laboratories are old, outdated and unsafe. It also acknowledged that many of our physicians and other health professionals across the country are ill- equipped and untrained to deal with the new threats. Our Nation long ago understood that we had to be ready to respond to nuclear attack, and our early warning systems, now, that have been in place for a number of years, enable us as a nation to respond almost immediately to the threat of a nuclear missile attack. We need to have the same capability with regard to a biological attack. And much less is understood or known about those threats by the American people. And I think our purpose here today is to explore the progress we are making, and to determine the direction that we need to go with regard to that very serious threat. So I welcome all of our witnesses today. Thank you for coming and we look forward to hearing from you. [The prepared statement of Hon. Jim Turner follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Tom Davis of Virginia. Thank you very much. We are also joined today by another subcommittee chairman on the Government Reform Committee, Mr. Horn from California. Any comments? Mr. Horn. I listened to your eloquence and to Mr. Turner's eloquence, and I am ready to listen to the witnesses. So thanks for putting the hearing together. Mr. Tom Davis of Virginia. Thank you very much. I call our first panel of witnesses to testify. As you know, it is the policy of this committee that all witnesses be sworn when you testify. Would you please rise with me and raise your right hands. [Witnesses sworn.] Mr. Tom Davis of Virginia. To afford sufficient time for questions of the witnesses, I would like you to try to stay at 5 minutes. Each of you has a green light there. When it turns yellow, you have a minute to sum up. We have your complete statement, and that is included in the record. So we will start with Dr. Baker. STATEMENT OF EDWARD BAKER, M.D., M.P.H., DIRECTOR OF PUBLIC HEALTH PRACTICE PROGRAM OFFICE, ACCOMPANIED BY KEVIN YESKEY, M.D., ACTING DIRECTOR, BIOTERRORISM PREPAREDNESS AND RESPONSE PROGRAM, NATIONAL CENTER FOR INFECTIOUS DISEASES Dr. Baker. Good morning, Mr. Chairman and members of the subcommittee. I am Dr. Edward Baker. I serve as Director of CDC's Public Health Practice Program Office. With me today is Dr. Kevin Yeskey, who currently serves as Director of our Bioterrorism Preparedness and Response Program. Thank you for this invitation. And, as you know, increased vigilance and preparedness for unexplained illnesses and injuries are an essential part of the public health effort to protect our citizens against terrorism and other public health threats. The terrorist events on and since September 11th have been defining moments for all of us, and they have greatly sharpened our Nation's focus on public health. Even before the September 11th attack, CDC was making substantial progress to define, develop, and implement nationwide a set of strategies and capacities required at the local, State and Federal level to prepare for and to respond to deliberate attacks on the health of our citizens. Since September 11th, we have worked very closely with our public health partners to accelerate these efforts, to share critical lessons learned, and to identify seven specific high-priority areas for immediate strengthening. We are committed to working with you and others to increase our efforts even further in the months ahead. As you know, CDC serves as a trusted source of scientific information on emerging infectious diseases and many other public health threats. Since September 11th, CDC has issued 175 updates in response to the terrorist attacks and anthrax investigations through a variety of communications channels reaching an estimated 7 million health professionals in the public. These have included our rapid communications systems, the bioterrorism Web site, which is www.bt.cdc.gov, nationwide satellite broadcasts through our public health training network, and special telephone hot lines. This level of communication and collaboration with our partners has been crucial to the investigation and response to these events. But improvements can be made as called for in CDC's report, which you, Mr. Chairman, referred to a moment ago, the report entitled Public Health's Infrastructure: A Status Report. The specific recommendations regarding information systems are being achieved through three major initiatives that you referred to a moment ago--the Health Alert Network, the National Electronic Disease Surveillance System and Epidemiologic Information Exchange, or as we call it Epi-X. I would like to describe each of these briefly. The Health Alert Network, as you mentioned earlier, is designed to be the Nation's rapid on-line system for health communications information and training. When fully deployed, the Health Alert Network will link all local, State, and Federal public health agencies to each other and to their community partners, private health care providers, and will serve as an electronic platform for the applications that I have mentioned. On the morning of September 11th, the Health Alert Network was fully activated within 4 hours of the attack on the World Trade Center. We issued an alert to top public health officials across the country, and in the ensuing 12 weeks, some 60 alerts, advisories and updates have been distributed through the network. To date, as you mentioned a moment ago, 13 States have directly connected all of their counties electronically to the Health Alert Network via high-speed, continuous Internet communications; and 68 percent of all U.S. counties are now connected. The Epidemiologic Information Exchange, or Epi-X, is CDC's secure, Web-based communications system, which serves as a portal for private electronic exchange of epidemiologic information. In response to the attacks of September 11th and subsequent events, the Epi-X system has immediately provided secure communications among State and large city epidemiologists and CDC programs, including our Epidemiologic Intelligence Service. The National Electronic Disease Surveillance System is a visionary system which will be built on the platform of the Health Alert Network. It is targeted toward electronic, real- time reporting of information for public health action. It is designed to provide an integrated, coherent national system for public health surveillance that will have the flexibility and capacity to support a wide range of public health efforts, including our emergency response. So what have we learned from these recent events? We have learned many lessons. First of all, that these unprecedented events have given us a chance to work and prepare for the next challenge with a deeper understanding of bioterrorism and how we share information. We have learned that linkages that we have forged between clinical and public health communities are strong, and that these linkages have saved lives by detecting disease early. We have learned how to shorten the time lag between acquiring new knowledge, communication and action; and we have confirmed that close collaboration between local, State and Federal officials builds confidence in our local response. And finally we have learned more about what information is valuable to the public and to our partners, and that will help us craft messages and materials in the future. In conclusion, we have made substantial progress to date in enhancing the Nation's capability to prepare for and to respond to a bioterrorist event, but there is much more to be done. The best public health strategy to protect citizens against terrorism is the development, organization, enhancement of public health prevention systems and tools, including enhanced communications systems and messages. Not only will this approach ensure that we are better prepared for a bioterrorism event, but it will also enable us to do our jobs better every day. A strong and flexible public health infrastructure is the best defense against any disease threat. Thank you very much for your attention and for your leadership in bringing this issue to national attention. Dr. Yeskey and I are happy to address any of your questions. Thank you. [The prepared statement of Dr. Baker follows:] Mr. Tom Davis of Virginia. Dr. Yeskey, you are just here to help answer questions; is that right? Mr. Yeskey. That is right. Mr. Tom Davis of Virginia. Before I go to Mr. Horn, Steve, I will start with you. But I want to ask one question. A specific concern raised by local health departments was, it was unclear exactly who was in charge at the Federal level. Before we embark on an in-depth examination of information- sharing capabilities, has CDC moved to address this fundamental point: Who is in charge? Dr. Baker. This is a challenging issue, as you know. And what we do at CDC is to work with our local and State partners in any investigation of a disease outbreak. And so we work to defer to the local authorities as they relate to the media and relate to their communities to provide information. As far as within the Federal system, CDC is designated as the lead public health agency in events of this type. Mr. Tom Davis of Virginia. Getting the word out is very, very important. We will hear some of the later testimony in terms of some of the confusion. I am going to recognize the gentleman from California. Mr. Horn. Thank you, Mr. Chairman. I have got one interest, and that is the laboratory interest. Are they spread accurately across the counties that you mentioned, that had this network in computing? One of our problems in the last 30 years has been where doctors had their own laboratory that was separated because it was felt they would--to get just their labs, and they were told to go get separate labs. And hospitals have certain labs. So if you have some of this type of either flu that--some biological or chemical, how do we deal with that and get that done in a very rapid time so people aren't panicking? What is your feeling on that? And what should we do to link all of those labs up? Dr. Baker. Two thoughts, Congressman. One is that there is an activity under way called the Laboratory Response Network. This was created under the bioterrorism program, and this network has been used extensively throughout the anthrax situation to handle samples. It was used extensively in Florida to process materials there. And expansion and strengthening of that network is one specific way to address part of what you are asking about. A second major initiative is one that we refer to as the National Laboratory System. You mentioned private hospitals. We believe there needs to be a concerted national effort to link the public health laboratories, that are typically run by governmental agencies, and private hospital laboratories in a much more seamless way to move information back and forth between them, to share information, to have standard protocols, standard ways of transmitting samples back and forth so we can track them more efficiently. So those are the two initiatives that are under way to address the laboratory issue. Mr. Horn. What about the smallest towns? Do we separate them at certain things and get a different chain or what? Dr. Baker. Within the Laboratory Response Network, there are levels of activity. And the smallest level, the lowest level, has the least complexity. A small local hospital laboratory, for example, would have that capacity in most situations. As you move up the level of complexity, there are more centralized laboratories that address this. Our commitment is that every community, regardless of how remote or how rural, have access to those laboratory services. Mr. Horn. Thank you. Mr. Tom Davis of Virginia. Thank you very much. Mr. Turner. Mr. Turner. Thank you, Mr. Chairman. With regard to increased coordination, tell us a little bit about the degree of coordination between our Federal agencies. In particular, I have on my mind, as many of us do, the recent reports about the Department of the Army's research on anthrax and the fact that, apparently, that may not have been known by other agencies of government. Is that a problem? And should there be greater coordination and knowledge exchanged there? Dr. Baker. I am going to defer to Dr. Yeskey a bit on the specifics. He is more directly involved with the anthrax activities than I am. But just a general thought on that. There have been very close collaborations with various parts of the Army, USAMRIID, the laboratory that does the work, as you know, on infectious disease research and has worked very closely with CDC throughout the course of the anthrax situation. Again, it is always good to have more collaboration and more communication. We never can do that too much. But I would like Dr. Yeskey to elaborate a bit on your question. Dr. Yeskey. I would agree with Dr. Baker that increased and improved coordination and integration is a desired goal. CDC worked hard, and continues to work hard, to integrate our activities with other Federal agencies, both within DHHS, such as the FDA or the Office of Emergency Preparedness, as well as outside the Department, with the Department of Justice, with the Environmental Protection Agency and others. We try and coordinate--during the anthrax incident, we had close collaborations with all of those organizations, had a full-time liaison established at the FBI headquarters. I had a full-time liaison at the U.S. Postal Service office to help coordinate our activities with theirs. So we attempted to make our best efforts at coordinating our activities both within DHHS, as well as outside the Department. Mr. Turner. Is there full disclosure between those agencies and those laboratories; or does each of them just sort of go their own way, share what they want to when they want to? Dr. Yeskey. I can speak for CDC's laboratories. We tried to coordinate and had daily telephone conferences with both the FBI laboratory personnel, as well as Department of Defense personnel, to help coordinate lab result reporting during the anthrax incident. Mr. Turner. What kind of tracking is there of dangerous biological agents when they are transferred from one lab to another? And are those protocols common throughout government agencies, or do they vary from one to the other? Dr. Yeskey. The transport of hazardous agents falls under the Select Agent Rule where organizations or institutions that manage or that are involved in the interstate transport of hazardous biological agents must register and then coordinate those transfers with the CDC and the Federal Government. Mr. Turner. By what method are those agents transmitted? Is it by ordinary private carrier? U.S. mail? How do those things travel? Dr. Yeskey. There are established protocols for the transport of those materials to ensure that the integrity of the packages remains during the transfer of those. CDC has written protocols that govern that. Mr. Turner. And what method of transport is used for those kind of materials? Dr. Yeskey. Depending on distance, it can be air courier, it can be ground transportation; but it is usually regular courier, private service. Mr. Turner. So the private service transmitting the package would know it is dangerous, but may not know exactly what they are transmitting from one locale to the other? Dr. Yeskey. That is correct. Mr. Turner. Is that an appropriate way to handle this type of material, or should it be handled by the agencies and its employees by personal delivery rather than by using private carriers? Dr. Yeskey. I will have to provide that information for the record at a later time. Mr. Turner. Does that answer mean you don't have an opinion or you are not familiar enough with the process to have an opinion? Dr. Yeskey. My opinion is that it is appropriate, it is an appropriate mechanism for the transport of the materials. Mr. Turner. If we were going to suggest improvement in the handling of that material, what kinds of things would you suggest that we look at? Dr. Yeskey. I think we need to examine to see if there are methodologies to improve the packaging, integrity, the notification of how the material is sent from one organization to the other, receipt times, anticipated delivery times, things like that, ensuring the security of that package as it goes through the transport system. Mr. Turner. Should we be reevaluating who we share this material with? In other words, I understand that some private labs can have access to some materials. I believe that is correct; isn't it, Dr. Baker? Dr. Baker. What we might want to do, just on this line of questioning, if this would be responsive, Congressman, is--if I understand your question, you are asking us about the transport of hazardous materials for which CDC does have responsibility under the Select Agent Rules, as Dr. Yeskey mentioned. Each of us does not deal directly with that particular area of activity. Inevitably, in light of recent events, we are rethinking a lot of things we are doing, and this may be one of them; I can't tell you that today. We would be happy to provide to you and work with you on specific areas that may need improvement, including how these get transported and some of the issues that you are raising for us today, if that would be helpful to you. Mr. Turner. It would be helpful. As I understood your answer there, you are already beginning to look at those protocols? Dr. Baker. What I said was that in light of recent events, we in public health are rethinking a lot of things. This has been an extraordinary experience for all of us, and CDC has been having a number of expert meetings over the last several weeks, bringing in experts from around the country to reflect on what has been happening and to then learn from each of these groups of people that come in. And we can share with you both that sort of thing and on the specific issue that you raised in terms of the transport of hazardous materials. We are undoubtedly rethinking that. But neither of us is directly involved in those discussions. So we would be happy to share that with you. Mr. Turner. Thank you. Mr. Tom Davis of Virginia. Thank you. I have a few questions. Today, on the second panel, Dr. Sherratt, who is from my home county of Fairfax, is going to testify that the lack of CDC guidelines on anthrax initially created both anxiety and inconsistency in patient care. We also know the example of the post office reacting differently to this, looking at what I think might have been best-available-information differently than Congress did, as the information became available. I guess my question is, how would you characterize CDC's actions in this? And what are we doing to ensure that we get a better response in the future? I recognize we are on new ground. This came out of nowhere. So we are just looking back here, not looking for people to jump on, but to understand what happened and how we can better it the next time. Dr. Baker. The first thing I was going to say, Congressman Davis, was exactly what you just said. This is clearly an unprecedented event, and we all recognize that. And the response, both at CDC and at the State and local levels, has been unprecedented. We have had folks flying into various parts of the country, we have been issuing alert notices over the Internet, we have been doing nationwide satellite broadcasts. All of those are unprecedented responses. We have learned from each of those particular activities. And, again, it is important we think to go back and look at what did happen, as you are doing here today, and learn from those lessons and, therefore, do better next time. This was a bit of a shakedown cruise for all of us in terms of the whole public health system, and our information systems in particular. We are very proud of the way in which CDC and our partners were able to get information out through these mechanisms that we have talked with you about today. As I mentioned, we issued an alert 4 hours after the World Trade Center event, around 1:30 on that afternoon. And issued alerts that went out now to as many as a million people on various aspects of the anthrax investigation. We have done a series of nationwide teleconferences. We did one just yesterday on smallpox. That whole series has reached over a million people. This is the Distance Learning Network that we utilize to educate our public health work force around the country. Unquestionably, we will be better off next time. Why will we be better off? First of all, the networks are in place and they are working and they are being expanded. So through all of this, through that experience, we have improved our relationships, we know better how to work the system. Second, we have developed a very large amount of question- and-answer, very specific information, on a lot of aspects here that come up in the course of this investigation. Mr. Tom Davis of Virginia. Let me ask you this. Does your distance learning reach the private health providers as well? Dr. Baker. Yes, sir. We have done programs in cooperation with the American Medical Association, the American Hospital Association, National Medical Association, a range of partners, public health, private. And again, as I said, these broadcasts--the first one we did on anthrax, I think reached about 500,000 people. It is on the Internet. You can go there and pick it up later on. It is actually being picked up overseas, as well, we are told, on the Internet. Mr. Tom Davis of Virginia. OK. Another panelist in the next panel notes in his prepared statement that the NEDSS, HAN and the Epi-X projects are not always as well coordinated, and sometimes appear to have a little competition between them. Do you think that is accurate? And competition is not always bad, but in terms of when you want to disseminate information, you just have to take a team approach to get it out there and not try to play territorial. Do you feel that there is some of that? Are we still trying to get bugs out of that system? These are three new systems. Dr. Baker. Several thoughts. These are three new systems. That is the first and most important point. This is an ambitious enterprise overall to create an integrated public health information and communications system. It is best to think of these three elements as three initiatives that ultimately flow together into an integrated approach to improving the way in which we share information. The Epi-X program is a confidential private way in which epidemiologists are sharing information back and forth. So the members of this network, there are over 700 participants now, can log onto a secure Web site and can talk back and forth about epidemiologic issues. The NEDSS program, or the National Electronic Disease Surveillance System, is quite complex and quite challenging. Ultimately when it is in place, it will be a marvelous tool for public health, but it is the one that is really the least far along in terms of its actual implementation, and the reason for that has to do with the complexity. The basic answer to your question is that these are three complementary approaches. The Health Alert Network provides the platform, it connects everyone to the Internet. The Epi-X program and the National Electronic Disease Surveillance Systems are supported by that platform. Mr. Tom Davis of Virginia. OK. What steps are you taking to help ensure uniformity in control system architecture once systems like the NEDSS are implemented by individual States? Is there or will there be an oversight or central control board to regulate how the systems are used or modified? Dr. Baker. First of all, for the Health Alert Network system, we have technological standards that were put in place a couple of years ago, and we are just in the process of updating them. So there will be then, from CDC, a set of technology standards that grantees under that grant program are provided with so that, therefore, they can buy the right kind of computers. They will have the right way to connect to the Internet and those kinds of things. As far as the National Electronic Disease Surveillance System, there are a very extensive and complex set of standards that NEDSS participants will be asked to adhere to. So its a standards-based approach. Again, ultimately you won't be able to participate in these systems if you do not adhere to the standards. Mr. Tom Davis of Virginia. OK. Can HAN be expanded to include private health care providers? Dr. Baker. We are expanding it now to include private health care providers. Since September 11th we have increased the distribution. We worked, as I mentioned earlier, with the American Medical Association, American Hospital Association. The way this works is that we send a Health Alert Network notice to professional organizations like the ones I mentioned, and they send it out to their members. Mr. Tom Davis of Virginia. One of the problems with anthrax, and you can take a look at it, whether it is smallpox, or plague or whatever, is insufficient vaccines on hand, available, and ready to go. Obviously we were caught off guard. This is the first time we have faced this. How are we preparing in the future on this? Do you have guidelines? We are looking ahead now to possibly expanded germ warfare, biological warfare? Dr. Baker. I would like to begin the answer, but ask Dr. Yeskey to elaborate. On the smallpox issue, Congressman, we did a nationwide satellite teleconference just yesterday to inform the public and private health care communities about smallpox. It included experts from around the country. Secretary Thompson kicked that program off. Dr. Koplan, who is our Director at CDC, participated. Dr. Henderson, who is now working in the Department, was also part of that program. It was designed to educate people about smallpox and familiarize them with a major new plan that has just been sent out to our partners to look at as far as smallpox is concerned. As you know, the Department and CDC are committed to getting increased amounts of smallpox vaccine so that those will be available to people if the need should arise. Dr. Yeskey. I would agree. Our contingency planning and our preparations for additional agents that might be used as a biological weapon continue. We recently released a smallpox emergency response plan to State health officers. We continue to look at other agents and preparing response plans for those particular agents and ways of enhancing the public health infrastructure so we can respond more appropriately for another event with a different agent. Mr. Tom Davis of Virginia. Let me ask another question. This really goes throughout information, expanding to all of us, whether it is congressional briefings on what is happening in Afghanistan or whatever. I learn more from television than I get from all of the darn briefings. I don't know how my colleagues feel about it, but I sometimes get more than that. Same here in your case. It seems that CDC might be able to communicate to the general public. I am not talking about other health officials and providers, but directly to the public using the news media. Are there any plans to aggressively make use of the media in future events so that the CDC message, not the message of endless consultants hired by the media, can get out to the public? Because at the end of the day, you, the umpire, are calling the balls and strikes on some of this, and are closest to the problem and have, I think for the most part, the most up-to-date research and information. I think that is fair. Dr. Baker. I have a couple of thoughts on that. First of all, I personally think many of us at CDC were very proud of the role that our Director Dr. Koplan played in communicating through the media directly to the public and did exactly what you are talking about, Congressman, of trying to work with the media to get the message out. And other experts at CDC were involved in doing this as well. There was a daily briefing of our Public Affairs Office with the media folks to give them the information that they need to do their job. And so working closely in partnership with the media is a very important part of this. Also, some of the things that we do directly, like the teleconference series that I mentioned, actually are picked up by the media and are utilized in various ways. And, again, we have learned a lot. I think one of the areas that we will now do better on is this whole area of working with the media in a complementary, coordinated way and do a better job next time. Again, we are proud of what we have done, but we have always--we always have opportunities to learn from this experience. Mr. Tom Davis of Virginia. OK. Finally, in the testimony of the next panel, we are going to hear concerns that certain aspects of the privacy provisions in HIPAA will hinder efforts to improve surveillance. Have you considered these concerns, and do you think it might be necessary to revise the privacy regulations, and are you comfortable? It is always a tough balance over what should be private and what should be public in those issues. Dr. Baker. This is an area which I believe we would best be advised to give you an answer back. HIPAA is a very complex area. Others at CDC work on that, and perhaps we would be best advised just to answer that one for the record. I would like, if I could, to just mention one final point since I believe we are drawing to a close here. We particularly appreciate the support of the Congress in passing legislation, the Public Health Threats and Emergencies Act, last year. The act was, as you know, initiated in the Senate, and the House activities are very important. And this provides us with an unprecedented opportunity to strengthen the public health infrastructure through a new grant program that we will be developing with our partners. So, again, we appreciate the leadership here in the House and the Senate on that legislation. And we are committed to working as quickly as we can to get those resources out and to implement that piece of legislation. Mr. Tom Davis of Virginia. Thank you. I am going to recognize Mr. Turner. Mr. Turner. Dr. Baker, is there a national registry of all dangerous biological agents identifying their location and who is responsible for those agents? Dr. Baker. I understand your question. I will begin an answer, and I think probably best to elaborate for the record. Dr. Yeskey mentioned earlier, and, Kevin, you may want to say more about this, the select agent rule is part of what we are talking about. There is a list of specific agents that are listed there. These are biological agents. There are also chemical agents where inventories are done. I am not sure if your question really related specifically to biological or more broadly than that. There are also ways in which these are inventoried, and where people understand, for example, where a particular chemical is located in terms of the plant and how it is handled, that sort of thing. Mr. Turner. With regard to biological agents, is there a master list kept somewhere that would tell us where all of the dangerous biological agents would be in this country and who is responsible for them at those locations? Dr. Baker. We are not aware of that. I understand the nature of your question, and what we will do is come up with our best answer to that in terms of what is actually done in terms of tracking these hazardous agents. I think that is what you are asking about. Mr. Turner. Is there even a list of what we would call dangerous biological agents? Is there an agreed list? Dr. Baker. There is an agreed list of what we consider the important agents as far as terrorism is concerned. Those have been identified. And then there are the select agents which are comparable to those. We can provide that list to the committee. Mr. Turner. Would it not be appropriate, if we have not already done so, to have a law that requires a national registry so that we would know where all of those dangerous biological agents are at any given moment in this country; who has possession of them and who is responsible for them at those locations? Dr. Baker. I understand your question. I understand the logic of your suggestion. I am not in a position to say yes or no to your question today, but we will be happy to do so for the record. I understand your question. Mr. Turner. Dr. Yeskey, do you have an opinion on that? Dr. Yeskey. Again, I agree with Dr. Baker. We will be happy to provide a list of the agents and how they are managed. Mr. Turner. It seems to me in this age of biological terrorist threats that it would be wise if we at least had some requirement that dangerous agents and their locations be known, perhaps even to go so far as to have some notification system in place for the transfer of those agents. I assume by your answers to the previous questions there must be no control whatsoever on the import or export of dangerous biological agents into this country? Dr. Baker. I would go so far as to say I don't believe that is true. Again, I am sorry that we don't have the information at our fingertips to answer your question, as far as the importation piece is concerned. Mr. Turner. I would appreciate if you could give us some response to that, because I would like to know if there is a list somewhere of all of those agents, where they are, who is responsible for them, and if there is any control whatsoever on the transport of those, any notification requirements when they are transported within our country, or when they are imported or exported. Thank you very much. Dr. Baker. I would be happy to work with you on that. Mr. Tom Davis of Virginia. Mr. Horn, any other questions? Mr. Horn. Fine. Mr. Tom Davis of Virginia. All right. Well, I thank you very much. And what I think we will do, you will have 10 days to supplement any remarks that you would like to make. We will take a 3-minute break as we change panels and allow the next panel to come forward. We appreciate very much your being here today. [Recess.] Mr. Tom Davis of Virginia. As you know, it is the policy of the committee to swear in witnesses. If you would rise with me and raise your right hands. [Witnesses sworn.] Mr. Tom Davis of Virginia. Thank you very much. Please be seated. You see that we have our indicator box in the front. It will turn green. What we would like you to try to do is stay within 5 minutes, because your total testimony is part of the official record. We will start with Rock Regan over here. Rock, we are going to start with you. Gregory; is that your actual name? Mr. Regan. Greg. Mr. Tom Davis of Virginia. I remember that. But we appreciate all of your being here, and we will start with the Rock over here and move straight down. Try to keep it within 5 minutes, then we will go with questions. Again, we appreciate everyone being here. STATEMENTS OF ROCK REGAN, NATIONAL ASSOCIATION OF STATE CHIEF INFORMATION OFFICERS, CHIEF INFORMATION OFFICER, STATE OF CONNECTICUT; GIANFRANCO PEZZINO, M.D., MPH, COUNCIL FOR STATE AND TERRITORIAL EPIDEMIOLOGISTS, STATE EPIDEMIOLOGIST, KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT; PAUL WIESNER, M.D., MPH, NATIONAL ASSOCIATION OF COUNTY AND CITY HEALTH OFFICIALS, DIRECTOR, DEKALB COUNTY BOARD OF HEALTH; MICHAEL H. COVERT, AMERICAN HOSPITAL ASSOCIATION, PRESIDENT, WASHINGTON HOSPITAL CENTER; CAROL S. SHARRETT, M.D., MPH, DIRECTOR OF HEALTH, FAIRFAX COUNTY DEPARTMENT OF HEALTH; AND CHARLES E. SAUNDERS, M.D., PRESIDENT, EDS HEALTH CARE GLOBAL INDUSTRY GROUP Mr. Regan. Good morning, Mr. Chairman and members of the committee. My name is Rock Regan. I am the chief information officer with the State of Connecticut, and the president of the National Association of State Chief Information Officers. Again, it is a pleasure to be here to talk about such an important issue. The events of the last 3 months have galvanized government at all levels to increase our emergency preparedness capabilities for a range of threats. The threat of bioterrorism is among one of the most challenging and terrifying among them. The current anthrax crisis which has hit so close to home in Connecticut, the U.S. Capitol, as well as recent outbreaks of Ebola virus in Africa illustrate just how important our bioemergency preparedness is. It has been observed by many that our first line of defense in preparing for bioterror is our ability to communicate and coordinate. Our information and communications systems lie at the very heart of our response. The State chief information officers sit at the nexus of these communication and coordination systems, and we appreciate again you calling this hearing on these important issues of today. I think, as mentioned earlier, the March 2000 report by the CDC outlined a couple of specific goals: the skilled work force, robust information and data systems, effective health departments and laboratories. Certainly our focus is on the second one, robust information and data systems. NASCIO agrees with the CDC's March assessment in terms of the HAN initiative as well as the National Electronic Disease Surveillance System. HAN and NEDSS is a great first start. In Connecticut, if I can personalize this, the National Electronic Disease Surveillance System will replace 18 stove- pipe systems with an integrated data repository for the sharing of this information. So I think, as Dr. Baker said, it is a very complex process to put that together, but I think the benefit will be great. These goals which again are critically important for all health departments in the Nation to have continuous high-speed access to the Internet is going to require substantial investment for States and local governments, which, again, they cannot bear alone. I think, you know, as we go forward and look at the deployment of those systems, the one fact that has to be considered is the current networks that are available in the State and local governments. Beyond HAN, really the way to do that is a coordinated integrated State information architecture, and if I could talk specifically about a couple of issues that NASCIO is involved with, there is currently one with the criminal justice community, a global justice initiative, to create a national natural integrated architecture for justice systems. It doesn't appear, by my knowledge, those of the CIOs that I have talked to, that this effort is under way for the public health infrastructure. While the initiatives going forward, again, are very critical, it is unclear, I think, from many of our perspectives of how they plug into the overall architecture. Standards are great, but certainly local governments and State governments would like to have a say in how those standards are put together and how they fit onto the overall overriding architecture. The justice integration architecture to me would be a blueprint to follow for the public health systems. Again, as we look at those initiatives such as anthrax, the ability to cross-communicate information in a very timely basis across multi jurisdictions, not just health agencies, public safety, Governors, other departmental agencies within States and local governments, particularly first responders, the State CIOs and Federal homeland defense officials in conjunction with Justice and CDC again may do well in considering using the justice integrated architectural process here for creating a public health information architecture that, again, fits in with an overall State architecture and a homeland defense scenario. This integration will allow for access as appropriate to vital alert and response information by all affected State agencies. Again, getting back to Connecticut, Connecticut, we had an anthrax issue, a 94-year-old woman who passed away as a result of the anthrax. We had a very excellent response by CDC, over 20 people responded; FBI, over 20 people responded. To think in context of what advantage to the 1 event, 10 events, 1,000 events across the country, our ability to communicate was not in place. And I think that the infrastructure and architecture that we are talking about in these networks will be the vehicle to do it. We are just not going to have enough trained people to respond to these situations. So the communication infrastructures will be vital in any response, particularly if it is a national response. State CIOs again want to be involved in the planning process. And to sum up, I think, as we talk about communicating, it is not just one way from the Federal Government down to the State and local jurisdictions, it is multiway processing, down from the Fed, up from the local, State to the Feds, again the sharing of information. And summarizing, I have been asked by my Governor to ensure an effective information communications infrastructure for responding to the bioterror threat. As the Nation's governments gear up to prepare for the threat of bioterrorism, NASCIO believes the path to efficient implementation of preparedness initiatives lies with open coordination between all levels of government and views toward information systems that emphasize open architectures rather than closed, stove-pipe systems. To this end NASCIO has opened up communications with Director Ridge's Office of Homeland Security and would be pleased to coordinate and initiate coordinating relationships with CDC and others to more effectively implement our public health infrastructure improvements effort. These efforts, we believe, are necessary to safeguard the American public in every part of the Nation, in every State and every county, and in every city. Again, I appreciate the opportunity to speak before you today. Mr. Tom Davis of Virginia. Thank you very much, Mr. Regan. [The prepared statement of Mr. Regan follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Tom Davis of Virginia. Dr. Pezzino. Dr. Pezzino. Mr. Chairman, members of the subcommittee, I am Dr. Gianfranco Pezzino, State epidemiologist with the Kansas Department of Health and Environment. I am very pleased to be here today in my capacity as president-elect of the Council of State and Territorial Epidemiologists [CSTE]. I was asked to address questions today revolving around how the use of appropriate information technologies has helped public health officials in the management of the anthrax crisis of the past months. For more than a decade CSTE has urged CDC to move away from a model of separated, self-contained surveillance systems and to work toward the flexible integrated solution. Three initiatives have been developed in the past few years by the CDC with substantial input from local and State public health partners. These initiatives are NEDSS, the Health Network, and Epi-X. NEDSS is an important effort. One important function of NEDSS is the establishments of standard architecture based on current industry standards for public health electronic information systems. The use of those standards will allow agencies to achieve a more effective use of information technology and to share data. The second initiative is the Health Alert Network. This is primarily an infrastructure project to improve the information technology infrastructure in local and State health departments by helping public health agencies to obtain Internet and e-mail access. And the third project, Epi-X, is an Internet application developed by the CDC. Through its secure Web site, Epi-X allows public health officials to exchange communication about outbreaks and other emergency health events. This electronic forum has been extensively used during the anthrax-related emergency to share information, experience and intervention protocols. Another unique feature of Epi-X is emergency notification by telephone or pager to defined groups of public health officials. So how do these projects interact with each other? Epi-X uses the standards defined by NEDSS and exploits the network built through the Health Alert Network. All these three projects provided some essential functions during the response to the anthrax threat of the past month. The pager that I am carrying here today is a Health Alert Network pager. This pager received multiple messages from the Epi-X project in the past few months and mailed these messages directing me to go to the Epi-X secure Web site that was set up using NEDSS standards. So, in summary, each project gains strength from the presence of the others, and none of them can be successful alone. While these are positive developments, much work remains to believe done. We have identified three priority areas that need immediate attention. First, the process of integration envisioned by NEDSS is far from being completed. Even the three projects that I mentioned, NEDSS, Health Alert and Epi-X, have not always built on each others' strengths. And at times they have appeared to compete for the same scare resources or to attempt to establish one project as the only one worth expansion. Funding for all of these three projects must be assured. The three projects must work together to achieve their common goals. The second area of priority is the link between public health departments and private health care providers. Virtually all public health emergencies will be detected through information available from some private providers. Currently the most common communications methods between private providers and public health departments remain mail, fax or telephone. It takes about 3 days for my office to prepare mailing labels, duplicate a letter, and put it in the mail so that we can reach our thousands of providers throughout the State with some public health notification. Private health care providers also play a key role in the response to public health emergencies. And the Health Alert Network needs to expand to include private providers so that they can be quickly notified of the existence of public health threats and how to contain them. And finally, it should never be forgotten that the functioning of even the best computer network remains based on the presence of trained, skilled, qualified public health workers. The most timely alert will be of little use when it reaches a health department running 3 half days a week and staffed with one part-time nurse, as it happens in some rural areas of my State and other parts of the country. Funding for the support of a basic public health infrastructure must increase dramatically, and it must represent a sustained effort over time. In conclusion, CSTE supports and appreciates the efforts made by the CDC in the past few years to improve and integrate public health information systems, but many barriers remain. Nevertheless, projects such as NEDSS, Health Alert and Epi-X have contributed enormously toward achieving better integration of information, more timely detection of public health emergencies, and more prompt and effective dissemination of health alert messages. These initiatives are all complementary to each other, and funding and support for all of them must grow considerably so that the expected results can be achieved in a short time as possible. We cannot afford to wait. I want to thank you, Mr. Chairman, for the opportunity to testify here this morning on this important topic. Mr. Tom Davis of Virginia. Thank you very much. [The prepared statement of Dr. Pezzino follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Tom Davis of Virginia. Dr. Wiesner. Dr. Wiesner. Good morning, Mr. Chairman, and members of the subcommittee. I am Dr. Paul Wiesner. I'm the director of the Board of Health in DeKalb County, GA. I'm pleased to present testimony here today on behalf of the National Association of County and City Health Officials. That's the organization that represents the nearly 3,000 local health departments in the United States. CDC had the foresight to establish three local Centers for Public Health Preparedness in late 1999, and we're fortunate to direct one of those centers. This morning I'm going to focus only on two of the lessons that NACCHO has learned about dissemination of information and building public health infrastructure through the Health Alert Network. The timetable for achieving the goals stated in CDC's report that the chairman mentioned earlier must be rapidly accelerated. Early detection and a timely response to a bioterrorist attack depends upon a solid local and State public health infrastructure. This infrastructure requires a crucial array of capacities: a trained work force under top-notch organizational management; partnership building; systems readiness; epidemiological laboratory and surveillance expertise; information and communication systems; and the ability to develop local programs and local policies. Without the fundamental capacity which we call infrastructure, the local health department is unable to address the regular community health problems that exist in the community, the threats that come from either infectious disease or environmental hazards, and certainly counter the threats from potential bioterrorism. That same infrastructure that's used for all of the other practices of public health in our local community are the framework and foundation for preparation for bioterrorism. The local public health department in many ways is the linchpin of bioterrorism preparedness. Now, today, the general population has an unprecedented understanding of the importance of public health but they have little grasp of the magnitude of transformation that is needed in public health practice nationwide. For all health departments in the country, capacities have not kept pace with the challenges. We must have a long-term initiative to restructure and rebuild the Nation's public health infrastructure at the State and local level as well as the Federal level, because only in that case will we have everyone in our communities protected. Now, I'm going to talk about a second point that is a little bit more subtle and less direct than the infrastructure question, but it's no less critical. No one doubts the need for rapidly and accurately transmitting information vertically in the public health system, up and down between the Federal, State, and local public health agencies. That's absolutely vital. But what is just as important is what might be called the horizontal communication and transmission of information in all levels of government, and building those systems that communicate horizontally within our communities. Substantial investments in technology and systems building are needed. The needs at this local level where I work, what I might call the retail level of public health, are substantial. We need real-time surveillance systems on the ground, rapid secure and redundant communication at this level throughout the country, educational and training resources for us and our partners. And there are many within the local community beyond simply the hospital and the medical practitioner, well-trained public health investigative teams, local plans for pharmaceutical assessment and acquisition and distribution, and periodic testing of communication protocols technology in our overall local plan for bioterrorism response. NACCHO's experience with the CDC-supported centers has demonstrated that there's one core element as far as that horizontal development, and that is partnership development. Improvements in technology must be linked to a horizontal system of solid, local relationships between public and private agencies. Now, in conclusion, significant investments of people and money will achieve this new level of public health preparedness. Restoring the local public health infrastructure creates the sustaining foundation for preparedness. Threats to the public health do not respect jurisdictional boundaries, so if we're all going to be protected, every health department must be able to contribute to this. Sustaining this effort requires a commitment from all levels of government. Thank you, Mr. Chairman. Mr. Tom Davis of Virginia. Thank you very much. [The prepared statement of Dr. Wiesner follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Tom Davis of Virginia. Mr. Covert. Mr. Covert. Thank you, Mr. Chairman, members of the committee, staff members. I'm pleased to appear before you today. I'm Michael H. Covert, president of the Washington Hospital Center here in Washington, DC. I'm here today representing the American Hospital Association and its nearly 5,000 hospitals, health systems, networks and other providers of care. One of our key readiness challenges is to foster stronger ties between the public health system and hospitals. Hospitals are a public safety asset. We need to better integrate hospitals into the public health and safety infrastructure to enhance our community's ability to respond to disaster. This will require a Federal recognition of the important role that hospitals and health systems need to play in coordinating community-wide efforts to deal with disasters, including potential agents of bioterrorism. And it will take a commitment of Federal resources to support efforts by hospitals and public health departments to access and distribute information and emergency alerts, monitor the health of communities, and help detect emerging health problems. Let me share with you some of the lessons that we've learned from our experience in dealing with the recent outbreaks of anthrax in the Nation's Capital area. We learned that a lack of effective integration and communication between the Federal Government and our local health department early on stymied our ability to effectively plan the screening and monitoring of a large number of anthrax patients. By the way, we saw over 500. There was no regional tracking mechanism to capture information that could have been used for monitoring epidemiological trends. Each institution in the first days was left to its own devices to gather information on how best to treat patients and then in turn share it with the health department. Many questions arose as to how to maintain the privacy and confidentiality of this data. These concerns will only be exacerbated by the new Health Insurance Portability and Accountability Act's medical privacy regulations. Our experience in responding to anthrax cases also underscores the need for public health departments to be able to update hospitals continually on key developments, but the health department was often unable to do so, which affected our ability to plan for care and staffing. Another potential problem is the jurisdictional issue. Who coordinates surveillance efforts to avoid duplication? In rural areas of the country, hospitals will need to play a larger role in performing many of the duties that a health department would normally perform. As a former health director, I know there were many communities that lacked resources and personnel to track and manage a mass casualty incident. There also needs to be better and more sophisticated gathering of data and operations of artificial intelligence capabilities to help evaluate patients who may be victims of a terrorist attack. Ideally, these systems should also tie into hospitals' electronic medical records. Over and over again, the points of failure in a disaster response are the information and communications systems. Cell phones don't work. Land line telephone systems are overloaded. There are no systems for tracking patient data on a regional basis. We need to invest a large amount of money to build an information and communications infrastructure that has capacity, redundancy, and robustness and includes all public safety agencies--police, fire, EMS, and hospitals. Mr. Chairman, September 11th and the aftermath changed the way hospitals must think of disaster readiness. Hospitals must now prepare for what once was unimaginable. For example, the Washington Hospital Center will need to invest over $40 million to deal with current readiness needs today. One fourth of those dollars, between $8 and $10 million, are needed to be spent on information systems, communications, and technology. When you hear the request for significant funding by the AHA, they are very much on track, at least with what I believe what we are finding at the individual hospital level. To strengthen community readiness, the AHA is pleased to be a part of a new coalition, the Partnership for Community Safety. The partnership includes public health officials, hospitals, fire chiefs, emergency physicians, emergency medical personnel, and nurse leaders: the heart of any community's front line emergency response efforts. I know that you recognize that. In conclusion, hospitals are upgrading existing disaster plans and continue to tailor their disaster plans to suit individual needs of the community in the face of new threats. America's caregivers perform heroic life-saving acts every day, and in the face of the unexpected they can be depended upon to rise to the needs of their respective communities. I appreciate the opportunity and look forward to answering questions. Mr. Tom Davis of Virginia. Thank you very much. [The prepared statement of Mr. Covert follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Tom Davis of Virginia. Dr. Carol Sharrett. Dr. Sharrett, thank you for being with us. Dr. Sharrett. Good morning, Mr. Chairman and committee members. It's an honor to be here this morning to participate in the discussion on the response and information dissemination capabilities of our Nation's public health system to bioterrorism threat or incident. I'm Dr. Carol, Sharrett, a preventive medicine public health physician and the health director for the Fairfax County Health Department. As the threats of bioterrorism a became reality, our Nation's public health system had to take the lead in protecting the population from disease. The recent rapidly evolving anthrax crisis challenged our ability to respond to new threats and to communicate quickly and effectively. By virtue of the size and capabilities of the Fairfax Health Department, we assumed the leadership role among the health departments in the northern Virginia region. In collaboration with the Virginia Department of Health [VDH], and the Arlington and Alexandria health districts, we operated a health assessment and treatment clinic for residents of Fairfax, Arlington, and Alexandria who were potentially exposed to anthrax at their work site. The Fairfax County Health Department routinely collects information on reportable communicable diseases. Other time- sensitive public health data including health alerts, guidelines, and protocols are received through e-mail, fax, and the Internet. During the anthrax crisis, communication between our health department and the State was hampered by temporarily inoperable e-mail systems at both the State and county level. As you recall, this was about the time of the Nimda virus, and Fairfax was hit hard by that. We therefore had to rely on an already overtaxed fax system to collect and disseminate information. The Inova Health System's disease--excuse me, Disaster Support Center gave invaluable assistance to the health department by cooperatively preparing anthrax-related information to blast-fax to all medical care providers including hospitals in the northern Virginia region. We also provided anthrax information through the Fairfax County Web site with linkage to the Inova Health System, VDH, and the CDC. On October 12th, the Fairfax Health Department, through partnerships with the medical community, State health departments, and the CDC put in an enhanced disease surveillance system and operation. This has been explained before so I won't go into that. Real-time information sharing occurred by the health department participating in daily conference calls with VDH and the northern Virginia health departments. Another call was with the District of Columbia Hospital Association, which had representatives from all of the metropolitan area hospitals, Council of Governments, the local and State health departments in Maryland, Virginia, and D.C., and we also had a daily conference call with the Fairfax County Emergency Management Coordinating Committee, which consists of 25 county agencies that have responsibility for emergency preparedness. The anthrax crisis, as has been said before, was uncharted territory. Few health care providers had ever seen anthrax and, with its high fatality rate, they grew increasingly concerned about potentially missing a diagnosis. We received urgent requests from doctors asking what to do with the growing number of people who were demanding testing for potential exposures and what we would recommend for diagnostic procedures and post- exposure prophylaxis. Initially the lack of CDC guidelines created both anxiety and inconsistency in patient care. Local medical providers and laboratory and hospital emergency staff were all clamoring for information. Although CDC staff were working at D.C. General and the other area hospitals which were treating anthrax patients, their focus was primarily an epidemiological investigation. As a result, the release of information to the State and local health departments was slow, often with relevant information being first reported on Fox Channel 5 or CNN. We quickly set up a telephone information line to respond to the community's concerns. Calls from the public began right after the anthrax case in Florida was diagnosed, and the numbers increased dramatically after the Daschle letter on October 15th. Our public health nurses were trained to answer citizens' calls regarding anthrax, smallpox, suspicious packages and bioterrorism in general. They operated our health department anthrax information line from 7 a.m. to 11 p.m. This was 7 days a week. Between October 20th and November 16th, we received over 200 calls per day, with 400 at the height of the crisis. Some of these calls came from as far away as England and Germany. We communicated with the public using anthrax and bioterrorism updates on the Fairfax County Web site and cable television station, anthrax fact sheets, town meetings on emergency preparedness, news releases, press conferences, and local media interviews. The media helped in publicizing the anthrax information line number as well as getting the word out on the regional health assessment and treatment clinic status. The media reported much information before State or local health departments were made aware of it by the CDC. An example was the change from Cipro to Doxycycline for post-exposure prophylaxis. It became necessary for our communicable disease program staff to listen to NPR, CNN and read the Washington Post prior to reporting to work. Our anthrax information line was affected by the story of the day, requiring additional nurses on the phones to handle the flood of calls after evening news broadcasts. The media occasionally reported inappropriate advice from television medical consultants as to which individuals needed treatment and testing based on potential exposure at work sites. The CDC formal guidelines arrived later, with the public near panic levels in the interim. Once again, the local emergency rooms, health care providers, and health departments were faced with citizens demanding unwarranted treatment, utilizing scarce resources which should have been conserved for those who were indeed at risk. An example of media reporting that hampered the ability of the health department to adequately respond to the public involved nasal swab testing. The media reported that the nasal swab was the test for anthrax when, in fact, CDC was using it as an environmental epidemiological tool. Individuals flooded local emergency rooms, urgent care centers, and other care providers. However, the nasal swab was of no use in determining whether an individual required prophylaxis or treatment. Nasal swab testing only overtaxed medical and laboratory resources, diverting them from medical care that was required during the anthrax crisis. I notice I'm out of time. I'll just jump ahead since you all have---- Mr. Tom Davis of Virginia. Your entire statement is in the record. Dr. Sharrett. I'll go on to the conclusion. In conclusion, the CDC is to be complimented on their prompt epidemiological response to the anthrax crisis. And once medical information was released, it was excellent and extremely useful. Not having a clear understanding of who ultimately was in charge of the unfolding crisis, I believe, was the major reason communication was delayed. The health of the public can be preserved optimally in the event of a biological attack only with a strong, clear, communication leadership role by the CDC. Controlling the panic that naturally occurs in such a crisis is a primary role of public health. I believe the public would have been better served had the CDC given daily updates on national television to the public and to the medical care providers. Despite our perceptions, the anthrax crisis unfolded relatively slowly, but had this been smallpox instead of anthrax, our slow transmission of information would have been devastating, with rapid spread of the disease and increased mortality. The cooperation and collaboration on the local level was extraordinary, with everyone involved providing service to the point of exhaustion, as I'm sure was true throughout the region and also for VDH and CDC employees. To effectively respond to future crises, it is evident that local, State and national public health agencies need additional funding for personnel, training, equipment, supplies, and systems development. Our current capabilities will not adequately protect the public. Thank you, Mr. Chairman. Mr. Tom Davis of Virginia. Thank you very much. Dr. Saunders. Dr. Saunders. Mr. Chairman, members of the committee, thank you very much for the opportunity to address this group. I would like to speak to you today from a couple of perspectives. The first is as a businessman and president of EDS Health Care Global Industry Group, a company involved with large-scale information technology services. The second, though, is as a physician with a long career in disaster management; having served, for example, for many years as a medical director of the city and county of San Francisco's Department of Public Health Paramedic Division 911 Medical Response. I have been involved in many disasters and multi-casualty events, including managing the medical response to the Loma Prieta earthquake. Also on September 11th I was at the World Trade Center when the first plane hit, and I spent the duration of that event participating in that incident, including providing emergency medical care to victims at the scene. So I do have some unique perspectives, I think, both from a practical standpoint and also from an IT perspective. First of all, a couple of lessons learned. No. 1--and the first thing I'd have to say is I'm always in awe of the American spirit and the resilience and the courage and the compassion and the initiative that individuals undertake these times, and I'm proud to be an American. And that needs to-- can't go without saying. But the second thing is that disaster--organized disaster plans are nothing more than educated guesses at the hand you'll be dealt. Oftentimes reality is different. The key to success is fluidity and adaptability of the response, and the key to success there is information and communications. This is exactly where our public health system falls down. Emergency care workers have no method for providing information in real-time about what's happening from minute to minute in their health care environment. So, the surveillance information that's real-time is lacking. There's no method for rapid dissemination of that information--not only about bioterrorism, but hazmat incidents. In fact, at 2 a.m., if I have a child bit by a dog, I don't know if there's rabies in my community because there's no easy way to access that information at the point of care. There is no effective and reliable way to keep your pulse on the status of our health care capacity, bed capacity, ambulance distributions, the availability of health care personnel and materiel. And, finally, health care workers are unprepared to deal with rare, but critical events: bioterrorism, hazmat materials, things that they see rarely and perhaps hear about once in medical school, but aren't prepared for. EDS supports the recommendations of the CDC and the E- health initiative. In fact, I'm on the leadership council of that group. We support the recommendations for a Web-based system for real-time surveillance, including linkage to relevant information systems at the point of care. We also support a mechanism for rapid dissemination of information outbound to health care workers. But I would further add that we can build on that with some additional things to keep in mind that would be of benefit. No. 1 is a very effective method for Web-based distance learning at the point of care, at the time that it's relevant, when care is being delivered, so the health care workers can understand how to treat these victims. Another is a mechanism for event tracking of both victims and the impact. At the Loma Prieta earthquake, my colleagues and I published a study of the impact of that, and it took months of research, combing through ER log records to find out, in fact, how many casualties there were and what the distribution was. That's too late to be effective for decisionmaking. Capabilities for monitoring and allocating health care resources are needed so we don't have 200 physicians showing up at a hospital to take care of victims who all happen to be across town. And finally, security hardening of our information infrastructure for health care information is also needed. That means redundant systems, hot backups, hardened facilities. There will be challenges in the implementation of this. First of all, development and maintenance of the applications and the content. Second, integration to the relevant systems in the care environment, whether it's lab systems, the hospital information systems or registration logs and so forth will be difficult. It will be time-consuming and it will be complex. There will be maintenance required on the interfaces. The education and training of health care workers so we understand how to interface with these systems and how to extract value from them will be a challenge. The policies around privacy and security and access to that information: who's appropriate, who's authorized, and when. And then the business process changes. We have to learn that instead of mailing in a 3-by-5 card to report a reportable event, now we go online to provide information. So success, in conclusion, will be based on an effective partnership between the public private sectors of health care, as well as the information technology business community. I think that when these occur--and it will be a journey--it will be of great benefit to us all. I thank you again for the opportunity to be here. Mr. Tom Davis of Virginia. Thank you very much. [The prepared statement of Dr. Saunders follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Tom Davis of Virginia. Thank all of you for your testimony. We have a number of questions. I'm going to begin with Mr. Shays, who has belatedly joined our panel from Occoquan. I guess you're coming down in traffic. Thank you for being here. Of course, you've worked a lot of this in your other subcommittees. We appreciate you being here today. Mr. Shays. Mr. Chairman, I am very grateful that you're holding this hearing and I thank you for putting together such an excellent panel. I have an opening statement which I would like included in the record. I would just ask my--I would first---- Mr. Tom Davis of Virginia. Without objection. Mr. Shays. In regards to the public health's infrastructure, the status report that we're discussing today, I want to read one paragraph that just think says a lot to me. It's on page 8. It says: ``work force demands on our Nation's public health information infrastructure has never been greater. Today, global travel, immigration, and commerce can move microbes and disease vectors around the world at jet speed; yet our public health surveillance systems still rely, in many cases, on time-consuming resource-intense pony express system of paper-based reporting and telephone calls.'' I think that our world is under tremendous threat. Our country is. We basically have to protect ourselves from a lot of pathogens, just as we would protect ourselves from individuals or armies that might invade us. And the first issue I'm going to focus in on is the whole issue of monitoring. I'm led to believe, but I don't know if this is true, that we are in our--because I'm told it isn't, and I find when people respond to any questions that they're not doing it. Are we monitoring every major urban area's hospital, every day requiring them to give us the potential outbreaks that they might be encountering? So are we getting a handle on a potential outbreak? Because, obviously, if we do, then we have an easier time to respond. I throw it out to the panel and whoever would like to respond to it first would be welcome to. Could we perhaps, Doctor--with you, Dr. Sharrett. Dr. Sharrett. We do that daily with all of the hospitals. Mr. Shays. You want to use your mic. Dr. Sharrett. We do that daily. And you're right, it is labor-intensive. But all hospital emergency room visits and the intensive care units, all of that is monitored. We do it not only for diseases, but for disease syndromes, so anytime there's any indication of something that would cause you to suspect that there is a potential for any bioterrorism agent, then---- Mr. Shays. Define to me ``we.'' Is it we, every hospital, through their public health director or--who is ``we''? Dr. Sharrett. We, the health department, in cooperation with the hospitals. Mr. Shays. You call them up every day. Do you say, what's your count? Do they call you if you don't get---- Dr. Sharrett. We physically have a nurse that is in every hospital every morning, or else in touch with the hospital every morning. But if there's something that we think needs specifically going over, we will go to the hospital and go to the record. But we get that information every day. Mr. Shays. Mr. Regan--do I say it correctly, Regan? Among this panel I hope you realize you are first among equals. Hats off to you and the State for how you dealt with the West Nile Virus. Do you get involved in this issue of being aware of reporting, or do you only hear about it if there may be a particular problem? Mr. Regan. I get involved with it, particularly with working with our commissioner at the Department of Public Health, who again has outreach to the local hospitals and local communities, again, as the provider of the information technology infrastructure. Anytime there's a requirement for disseminating information through that infrastructure, I am hand in hand with the public health commissioner. Mr. Shays. We did a table-top exercise in Connecticut, and they do it in other areas, where we--in this case, we had a practice where all the communities were involved, the State and the Federal Government, and it was a chemical outbreak in an Amtrak train. The thing that amazed me most was the--when we got all done, the firemen knew what they intuitively should do; the policemen, we learned that they were the canary in the coal mine. That was a shock to them, too, to realize the hit. But the one thing that stood out the most to me was the health people, the hospitals, our health directors, they were the ones who were just kind of in left field, not because--in other words, they knew how to treat, but they were treated like the stepchild, with no disrespect to stepchildren, but in other words, they were not given the kind of respect and attention they should get. Communication was by one, you know, phone that might not work. Their systems didn't coordinate with the fire and police. Are we finding that is the case in other places besides Connecticut? Could someone speak to that? Dr. Wiesner. From NACCHO's perspective, Congressman, there is an enormous need to improve the uniformity of capability and capacity throughout the country for doing the kinds of things that you're talking about. For instance, in our three Centers for Public Health Preparedness--one in DeKalb County; Rochester, NY; and in Denver--even in those places that have been working at this for a couple years, there are needs for improving just exactly what you talk about. So there's an infrastructure improvement that is absolutely necessary. And the kind of description that you provide for it is, in the context, absolutely correct. I want to emphasize one piece, at least from our experience in DeKalb County, is that we take a view to this that we ought to be better prepared every day. I'm sure that's true in each health department. And so we build on past successes. We actually prepared for the Olympics and we had syndromic surveillance within our hospitals in 1996 around heat-related illness and working with the State on food-borne illness possibilities. Then almost all of the local health departments in the country, to one degree or another, worked on the Y2K problem. And we have--and then, of course, when the East Coast in particular experienced the West Nile Virus presence, we worked with our hospitals to set up syndromic surveillance related to that particular effort. But it must be much more uniform, and the investment in both the technology and in the work force is absolutely critical. Mr. Shays. Thank you. Thank you, Mr. Chairman. Mr. Tom Davis of Virginia. Thank you very much. Mr. Turner. Mr. Turner. Thank you, Mr. Chairman. Mr. Covert, give us your assessment of the preparedness of America's hospitals to deal with infectious contagious diseases that come to the emergency rooms of those hospitals. I've often had the fear that a lot of hospitals would just be closed down if we had somebody walk in with smallpox, and that would be the end of health care for that community. Are they better prepared than I understand them to be? Mr. Covert. To answer your question directly, I think we're getting better prepared. I would tell you that I had some of the same issues myself in the past, and in looking at gearing up. I think we are today, not only from infection control standpoint, but also in caring for patients. However, let me also say that in terms of the actual infrastructure that might be required, let's say if a smallpox--an individual presented themselves smallpox, the ability to isolate that patient and then care for them, I think that's going to be a challenge for many hospitals. And it's one of the issues that we say ourselves that we're going to have to do a better job of physically gearing up for. Do we have medical capabilities and strong infection control programs? The answer is absolutely yes. I'm confident in that regard. But the key is putting these other pieces in place to be able to isolate and then support in care of those patients. Mr. Turner. I gather that the larger, more urban hospitals would be better prepared to deal with that than many of our rural hospitals? Mr. Covert. I think that would be a fair statement only because of the resources that are generally made available in those kinds of settings. It does not mean that there are not some strong--and as you know from Texas, some strong regional rural institutions, but I would answer your question by saying yes, those institutions that normally would deal with these kind of issues every day are going to be significantly better prepared in responding to the unusual kinds of biological agents that we might be seeing. A lot of the traditional infection, the flu, the other things that we would see, hospitals are prepared and do respond every day in that regard. Mr. Turner. Mr. Regan, I think--Mr. Shays is not with us, but I was curious; you made reference to the 90-year-old lady who contracted anthrax and died, and it was suspected that that she contracted it because of cross-contamination of the mail. Was that ever verified and was the path of that--of her mail-- traced to the extent that it could have been determined whether it crossed the path of the letters that were sent here from New Jersey to Washington, or was that just speculation? Mr. Regan. It was not confirmed 100 percent, but there was a high probability that there was cross-contamination in that case, but could not be by the facts derived at the home--I don't think they could actually prove that they found any anthrax at her home. Mr. Turner. Was there an effort actually to track the path of that--of the mail that goes to her residence, to see if it went through locations where the letters that arrived here in Washington also may have traveled? Mr. Regan. Absolutely. In fact they were able to establish there was some cross-contamination through one of the processing centers in Connecticut from some of the mail from New Jersey. I think that's where they suspect that there may have been the cross-contamination that ended up at her house. But they were never able to substantially find enough evidence at the house to make that case. Mr. Turner. Thank you. Thank you, Mr. Chairman. Mr. Tom Davis of Virginia. Thank you very much. Mr. Horn. Mr. Horn. Thank you, Mr. Chairman. I think we're all talking in somewhat the same manner, because it's an involvement of information and getting involvement of the bureaucracies that you face in counties and States. We have an excellent FEMA operation at the Federal level, in my judgment, and most of the Governors are very good at the Office of Emergency Management. And certainly there's been a major role for chief information officers that we didn't have 10 years ago. I'd be curious with the following situation: I come from Los Angeles County, 10 million people, 83 cities; and the sheriff there, and the surrounding suburbs, which is another 10 million from San Diego to Santa Barbara, and that has been done with pacts, compacts, and information in terms of telephone use, radio, all the rest. Sometimes when they have exercises, we find that, say, a few years ago, the communications were all on the East Coast in terms of their radio frequency. And that sort of gave the West a very difficult situation. So I'm curious in terms of the following: We do have a law that trucks that go across the country have what chemicals are in that so that if something happens, a fire department knows what they're dealing with. The same with facilities in most jurisdictions; everybody sort of knows. And in our case with the earthquakes, you never know when that's going to come. And it isn't easy. So I'm curious what the CIOs feel and the epidemiologists do with finding the information and spreading it to the right people at the right time. How do you feel about that, since you're all association leaders that are looking at it from a United States 50-State situation, not just your home situation, but you represent both. So I'm curious, Mr. Regan, do you feel that the CIO situation is well represented, or are there places still in the country where they can't seem to get their computing going? Mr. Regan. I think, again representing the CIOs, certainly it is a relatively new position in States over the last 5 to 6 years. I think what our Association has found out and, as is the case in Connecticut, those CIOs that are at Cabinet level, that report directly to the Governor, that have enterprise responsibility for infrastructures across many governmental functions--again, I'm not a doctor, I don't necessarily have a stake in public health, but I provide services to public health, I provide services to public safety, transportation, labor, department of banking, all spectrums of government. So I think that, again, if CIOs--and it's more predominant now than it has been ever--have again a seat at the table with the Governors, with the other Cabinet officials that can look from a broad perspective to deal with these--the multitude of issues and look for, again, effective and efficient solutions across that spectrum that again looks across the horizontal, is where State CIOs have been very effective. The issue that you brought up in the frequency spectrum, I'm surprised because we have the situation in Connecticut--I thought it was the West Coast that had all the frequencies, because it certainly has been a challenge. When September 11th happened, there was some issues in terms of communication on the wireless systems across the local and State police systems, particularly in Fairfield County, which was, again, the doorway to New York City from Connecticut. Mr. Horn. Have the CIOs looked at the September 11th situation nationwide and, if so, what are they; and should we and you be looking at the FCC to see what can be done? Mr. Regan. We certainly have. In fact, a month ago at this time, the CIOs met in Washington to essentially focus on security and critical infrastructure protection. One of the components of that, again, is the ability to communicate the wireless. It was not, again, the focal point, but we looked at all the considerations of how States need to coordinate our activities better; who do we coordinate with the Federal Government? It has been unclear, I think, with the appointment of Richard Clarke, who works in the Office of Homeland Security and cybersecurity and terrorism, it's starting to become more clear, but it still is sometimes very frustrating to find an answer when you're dealing with our Federal counterparts. The States seem to have it together. We seem to be able to communicate very effectively. We're putting processes and plans in place to do just that. And, again, I think what our hope is is to be able to come provide some recommendations to the Congress, to help structure the way, again, we communicate with some of the Federal jurisdictions in this area. Mr. Horn. Now, your information can go pretty rapidly to rural parts of our States. But in terms of epidemiologists, Dr. Pezzino is not so easy. And the question would be, if they don't have laboratories in the part of the State--let's say Wyoming, even California, part of it is rural, and Utah, Arizona, so forth--are there kits or something that can be put together where, either using a high school chemistry lab or biological lab, and see if certain cases with the local hospital, or they--if they have a local hospital, and sometimes they are 200 miles away--even though some of them are veterans' hospitals and State hospitals, how do you feel about that in terms of what we could do on the spot to do it with a kit? Dr. Pezzino. Obviously, Congressman, we all wish that we had the magic test that could be used on the spot and give us within a few seconds the answer that we all want: Is this a real threat or what? I am firmly convinced that ruling out false threats is as important as recognizing true threats. Unfortunately, that's not available. And there are a lot of people at work doing research at an advanced stage, and some kits look very promising. But right now there is really nothing that can assure us that something found on the spot is or is not a threat. I think when you're talking about laboratories, things look a little better, because one of the purposes of the bioterrorism initiative that was funded through CDC and other sources is to create a laboratory network that reaches down to the local hospital level and can assure that is happening and has happened. It has been tested in the last months and is working. So most laboratory tests can be done in local hospitals. And then if they're not fully negative, then it would have to be sent to a reference hospital, which is usually the State health department or public health laboratory. But at least they are able to rule out what is not a threat. I also totally agree with Mr. Regan's assessment. I think communication within the State and within the State government is actually not as problematic as communication among States and other Federal partners, and also communication with private partners. That's really one of the weak points that I recognize in my testimony. I think that's where we have to put a lot of efforts, because I have no problem at this point in reaching out to my hospitals in my State, or my local health departments, and my challenge is how to reach out to the physicians who are in the front line of this work. Mr. Horn. Mr. Wiesner, you represent the county and city health officials, and, Mr. Covert, you represent the American Hospital Association. As I recall, there's accreditation standards for various hospitals. Is that most hospitals have that, or are there some that aren't up to the accreditation? Mr. Covert. In response to your question, Congressman, most hospitals almost all have accreditations. And you're referring to the acute care, but also in terms of a number of other specialty hospitals as well. It is very few that are not accredited or do not choose to go through that. Remember, all of them are required through our HHS to have some level of accreditation in order to be able to receive Medicare funding. Mr. Horn. Well, some of the things we've all talked about, would it be right that the next go-around, we have certain questions for accreditation and, if so, what have you learned to put in? Mr. Covert. Let me share with you, that is actually an issue right now that I know that the American Hospital Association and the Joint Commission is actually looking at, and to establish a task force that will look through to ask those questions as you go through that accreditation process in order to be able to respond to the issues that you're raising. And I think that hospitals will do well as they're gearing up and moving forward. But in answer to your question, yes, that is happening right now. Mr. Horn. My subcommittee has jurisdiction over the federalism of the country. One of the things we're having the General Accounting Office do is look at some of the radiation situation that could be breaking loose--the biological, the chemical, and the water supply. That's all over the United States. And if we have these nuts running loose, we need to do something besides just a fence around the reservoir. And what happens when something happens to the water supply? Are there any of your committees within your associations that are looking at that? Mr. Covert. In terms of each of these respective areas, I think they're now beginning that process of gearing up. There have always been accreditation standards and licensure requirements for us to meet and to respond to. So that first basic level, let me give you a level of comfort that it's there. However, in terms of taking those additional steps and how we prepare and then secure, and how would you deal with the effects of contaminated water supply, as an example as you've brought up, or changes in power supply, that we'd have to respond to. I think hospitals now, as part of their disaster planning, are actually doing that on an individual basis, not just simply what's happening at the national level. I think that you will see in the next year, as we're going through this process, either accreditation requirements or standards expected of respected institutions and how you respond to those issues, and how you tie that into the entire, obviously, public health setting that we look to. Mr. Horn. Does every hospital in the United States have a temporary energy supply based on diesel or whatever to keep the lights going and all the rest of the things? Mr. Covert. All hospitals are required--you'll see this at the State level as well as from the accreditation requirements, about having emergency backup and supplies to be able to support your OR and emergency room, and to have a certain level or extent of supply, whether that is appropriate backup generators or whether that's oil or gas, inclusions associated with water, to be able to respond if you needed to for a period of time. I think the challenges coming for us is when it becomes an extended period of time then, that you might see from some kind of biological attack or situation that you have to respond to, that I think is going to be a challenge that we need to plan for. And that I think is one of the areas that the Hospital Association has commented on. Part of the costs associated with this is building that infrastructure, which doesn't exist today, beyond that very short-term capacity. And that's why you see, then, requests for significant number of dollars for individual hospitals to be able to respond to that question. Mr. Horn. Thank you, Mr. Chairman. Mr. Tom Davis of Virginia. Mr. Horn, thank you very much. Mr. Horn. Thank you. We appreciate the witnesses here. Great group. Mr. Tom Davis of Virginia. I have a technical question, probably everybody understands in the room but me, but I'm going to ask it. Rock, I'm asking you just because you're CIO. CDC initiatives like HAN or NEDS are Web-based. So if you use the existing infrastructure for these initiatives, what's the chance that a typical spike in Web usage at a time of an emergency would render these systems unusable just because you'd have a capacity issue? Mr. Regan. As we look at architecting these systems, that certainly is a critical element of how do you look at the spikes, particularly when you need it the most. We as information technology professionals do this every day. It's the same requirements for public safety. Again, if you have a public safety event, you want to make sure that you have the capacity, the ability to have capacity. Mr. Tom Davis of Virginia. We've seen how cell phones fail at that time. Mr. Regan. Yes, absolutely. That's a primary example. I think from an architectural standpoint, some of the things we look at is shutting down traffic that is not important traffic on a network so that, for instance, if you were to have other requests from other agencies like regulatory agencies in the event of a disaster, we would actually shut those parts of the network down to essentially guarantee network availability and system availability for those that need the information and need it now. Mr. Tom Davis of Virginia. I see. Rock, while I've got you a couple of other questions. I was under the impression CDC had sought substantial input from States and localities when they were developing HAN and the NEDS standards. Is it your point that the outreach might have extended to health officials but not the CIOs? Mr. Regan. I think that's exactly our point, is that a lot of the information that we're talking about here doesn't necessarily go directly to health officials. That, again, there are other elements in government that have to have the information available to them at the right point in time. Again, as CIOs, we provide services to a cross-spectrum of government. So when we look at creating these standards, while they're, I'm sure--in fact, I know they're very good standards--they are, in fact, to some degree stovepipe standards in this element. We certainly would like to look across the spectrum in other instances where we have standards in terms of how they fit. Mr. Tom Davis of Virginia. OK. Dr. Pezzino, several States have not yet signed onto implementing NEDS. How widespread is acceptance in the public health care community of the NEDs architecture, and do you suggest to CDC anything they can do to obtain more widespread acceptance? Dr. Pezzino. I think actually most States have accepted the NEDs architecture as an important step toward standardization. Certainly I would say all States recognize the need for standardization. The main issue when it comes to implementation is, obviously, funding. Unfortunately, there were only a few States that were funded when their application for funds was turned into the CDC, and there were at least 25 States that applied for NEDS money last year and didn't get any funding because of lack of money. So I think what you are seeing is not so much a result of a lack of motivation, but more a lack of funding. Mr. Tom Davis of Virginia. Let me ask you this. How extensively are the Epi-X updates available through mobile communication devices? The CDC indicated that Epi-X experienced significant challenges on September 11th because many State, you know, health officials were forced to evacuate their offices and they didn't have plans in place for offsite access. Dr. Pezzino. That is true. That is certainly one limitation of the system. At present, there is absolutely no capability to make Epi-X available for mobile devices. Another weakness of the Epi-X project is that it doesn't allow any communication between States and their local health departments. That's why we are really strongly supporting an expansion of the Epi-X project to include local health departments, to have State levels of Epi-X that can act almost as independent parts of one bigger picture. Again, I'm afraid I have to go back to the previous issue of funding. The Epi-X project has had little or no funding at all. It was never, to my knowledge---- Mr. Tom Davis of Virginia. Just ask you to do the same thing--ask you to do more with the same amounts of money. Dr. Pezzino. There was not indicated funding for Epi-X. It was internal money that CDC was able to mobilize. Mr. Tom Davis of Virginia. Dr. Wiesner, let me ask this: What's the status of the core capacities for bioterrorism preparedness for local public health systems? Dr. Wiesner. That's an important question because the capacity measures are actually part of a broader effort of measuring the performance of infrastructure. And it actually is linked to the earlier question of being able to move health departments to some form of voluntary or formal accreditation. The situation, as far as the specific performance indicators for bioterrorism, is that a continuing assessment is occurring and there are just large areas for improvement, some of which we've incorporated into the testimony that you've heard earlier, or the written testimony. Mr. Tom Davis of Virginia. OK. HIPAA has mandated certain information sharing and security standards for health care. Do you feel there's a need for a similar regulation within public health that not only mandates standardization across public health but also ties back to uniform standards with health care? Dr. Wiesner. Well, I think to the degree that local health departments are engaged in the provision of personal services, we are already subjected to the HIPAA regulation. Our experience with the current threats that we're talking about really does beg for at least a reexamination or looking carefully at the HIPAA regulation. With regard to the importance of being able to receive real-time syndromic surveillance for the protection of the community for bioterrorism threats, we believe that we have the current authority to receive those with the HIPAA regulations as they are presently stated. Mr. Tom Davis of Virginia. OK. Mr. Covert, would you agree with that? Mr. Covert. Mr. Chairman, I would. And I would also add that I think it's going to be a tremendous challenge for us. We're not just dealing with issues of consent forms, we're also talking about that transmission of that information oftentimes is literally to an individual patient as you then aggregate that data to use it. If you look at the regulations today, there's some question about our abilities to be able to do that. I guess I should make one other comment. It's not that we have a problem with issues of privacy or confidentiality whatsoever, but when the regulations themselves and then the paperwork and the bureaucracy that goes with it actually, truly get in the way of caring for patients, real time, then that's a challenge for us to address. So I think that--and as I've shared with the regulatory task force staff folks--Christine Schmidt, who is going to chair Secretary Thompson's task force--is we need better guidance, better clarification on those guidelines, so that we can apply them appropriately, not just in the event of an attack as a result of bioterrorism, but every day. The dollars that we're talking about spending, even at the Hospital Center alone just to comply with regulations--several millions of dollars not even related to the issues that we are here talking about today from an infrastructure standpoint, from an information systems standpoint--is going to be significantly greater. So I think it's going to be a challenge. And I would agree with Dr. Wiesner. Mr. Tom Davis of Virginia. Thank you very much. Dr. Sharrett, in your statement you noted that the county health department in Fairfax lacks the ability to seamlessly connect the local, State, and Federal data systems as well as the capacity to send and receive confidential health information and to broadcast health alerts. What initiatives do you see the Commonwealth of Virginia doing to improve that situation? Do you know what I'm talking about? Dr. Sharrett. Yes, I do know what you're talking about. I think that's a difficult question because it goes into confidentiality issues. And again, I think we need new systems that are secure, and funding to acquire those new systems. And I don't know, in relation to privacy, when you have a national emergency that perhaps some of that would---- Mr. Tom Davis of Virginia. Get compromised. OK. I think in your testimony you noted that an important communication was delayed because there wasn't a clear understanding of who was in charge. To your knowledge, if you see any changes that have been made to address the problem from where you sit? Dr. Sharrett. I guess I'm not aware of that. From---- Mr. Tom Davis of Virginia. It will almost take another emergency to find out. Dr. Sharrett. Well, other people may know. I must say I do not know that. One of the problems that we had was, related to communicating with the post office. And, how you cross from CDC recommendations to implementation within the post office and having someone directly in charge of all of that was an issue. And I don't know if that is--I can't say that has been resolved. Mr. Tom Davis of Virginia. OK. Thank you. Let me turn to Dr. Saunders for a minute. EDS's recommendations for mitigating terrorism seem really far- reaching and, I would say, forward-thinking. But fully implementing those recommendations would likely be costly and, from a governmental perspective, probably not feasible in the short term. Has EDS researched the cost and time required to implement these solutions and, if you've given any thought, what would be your highest priority? Dr. Saunders. I view where we need to go is a journey rather than something that's going to be accomplished next year. It is important to have a vision in mind as we overhaul our public health infrastructure. You know, the challenge is to think about what the goals and vision are for the system that we want in the United States next year, 5 years, 10 years, so that all of these are part of some logical plan. So I wouldn't say that the costs and the time-lines are fully scoped out, but it's probably, a 5 to 10 year journey for a lot of these different components. Probably the highest priority would be the kinds of things that the health initiative is focusing on, which gets to real- time surveillance of critical reportable events. But it needs to be a two-way street for returning that information to care workers so that they can actually make use of that information and make some impact in the care environment. That would be the highest priority. Mr. Tom Davis of Virginia. Thank you very much. Mr. Turner. Mr. Turner. Mr. Saunders, there is one other item you mention in your statement, the biometric human identification system. Give us a little insight on the state-of-the-art in biometric human identification. Dr. Saunders. EDS has been involved in implementing biometric systems. For example, the system--the biometric system in use at Ben Gurion Airport in Tel Aviv, for example, is implemented by EDS. That involves hand recognition. There are other elements that we've done in a couple of other places as well, including the face identification. I mentioned that which you're referring to because I think the technology is evolving very rapidly, and there are ultimately some limitations to biometrics that we know of. The thumb and face are not always capturable in some circumstances, based on the conditions in which those are captured. Oftentimes, we have people that need identifications who can't communicate soft data elements, or maybe that body parts have been damaged so that they can't really provide a biometric source. So I think at some point we are going to have to look at-- not this year, next year or so in the future--how we incorporate elements that are 100 percent gold standard like DNA information in selected circumstances--whether it is identification of body parts at the scene of the World Trade Center or other types of things, and the ability to link that to law enforcement and terrorist data bases. I mentioned that because I think the opportunity to start thinking down the road of things like DNA data banking--as a part of our biometric human identification system--is something that we ought to look at. Mr. Turner. You, of course, are familiar with the efforts of the CDC. And testimony today talked about three of their major initiatives. Do you see anything about those initiatives that you could offer suggestions for improvement, and are they consistent with moving to the next step, which seems to be what you are talking about in your testimony? Is there anything that would be conflicting or inconsistent with that move? Mr. Saunders. I think that there is nothing inconsistent. These are good first steps, but the focus of this has been around bioterrorism. And as an emergency physician, I can tell you that is a tiny, tiny slice of the kinds of problems that we deal with every day that have a critical public health impact. There are also hazmat circumstances. There are multicasualty incidents. There is tuberculosis and all of those sorts of the things that would benefit from the same kind of infrastructure, not just around bioterrorism. So how can the scope of this be appropriately broadened to serve a greater public health need if we are laying down this infrastructure? I think that would be an important issue. The other issue I think is going to be that the devil is in the details on those things. When we get into the actual challenge of integration into care systems: we are going to find a lot of very challenging issues, dealing with master person indexes and the multiple different ways that the same person is represented in different systems and resolving those challenges; and maintaining interfaces to those systems. Who is going to pay for it is going to be very difficult. So the devil is in the details. Mr. Turner. Thank you. Thank you, Mr. Chairman. Mr. Tom Davis of Virginia. Thank you very much. Mr. Shays. Thank you again, Mr. Chairman, for holding this hearing. I--I would like to--we wrestled shortly after September 11th as to what to tell people, and it is amazing the quantum leap we have come. Shortly after, some of us were saying what we felt to be the truth, which was it is not a matter of if there will be a chemical or biological attack, it is a question of when, where and of what magnitude, and our view was you tell the American people the truth, and, like adults, they will tell you to do the right thing. And our view was that people aren't going to realize this is a war unless you tell them why it is a war. It is a war because we are in a race with the terrorists to shut them down before they develop the delivery system for chemical or biological agents or, heaven forbid, get radioactive material in a dirty bomb or nuclear weapon. So that is why we are fighting this. What I want to ask you all is, how--besides this infrastructure that we want to develop, what kind of debates did you start to find as we--as to who should disseminate this information and who should have it and so on. Maybe, Mr. Regan, I could ask you first. I mean--for instance, with anthrax, was it viewed that it was important that the Governor be the one to talk about the woman who was afflicted in Oxford? Mr. Regan. The Governor certainly made that decision to be the focal point of disseminating the information. And, again, as part of that he clearly made it understood as to who was going to deal with the communication at the local level. So it was the public health commissioner and the Governor who made that decision based on the information that came to them. Mr. Shays. The local health director in the Oxford area? Mr. Regan. Oxford as well as the commissioner of public health for the State of Connecticut. Mr. Shays. Do you all get involved in any of these debates as to who should be providing this information, or can you tell us any anecdotes about how you are trying to resolve those issues? Mr. Wiesner. From NACCHO's perspective, the most important piece there is to actually have a plan for doing that ahead of time, and that is one of the things that has occurred as a result of our starting in 1999 in DeKalb County with a plan. Mr. Shays. Intuitively I could be able to tell you why I think you do that, but I would like you to put it in your own words. Why was it important to be prepared to do that and know who would do it before the crisis occurred? Mr. Wiesner. Because the public needs a credible spokesperson that has timely and accurate information. And one other related factor to that---- Mr. Shays. I just want to emphasize your point about not just being accurate, but it being timely as well. Mr. Wiesner. One other factor about that. At the local health department level throughout the country, we have to increase our capacity of working with the media and establishing those relationships at the local level. I was surprised during the anthrax things where we didn't have anthrax in our area. The nearest case was 300 miles away, and we had significant media interaction around this. I had complete strangers that I didn't even know coming up to me and saying, Dr. Wiesner, I am happy that you are on the television because I have seen you before, and I recognize that what you were saying was useful and in the interest of the health. That is what we call the local presence for public health in the community. And we really need to be sure that is uniform. Now, that is a different level when you are speaking at the State and national level. I remember very clearly a discussion with our public safety director on one of these roundtable--tabletop exercises where we had public safety people, hospital people, private physicians, and somebody said, well, who is going to speak to the press? And--you know, as part of that exercise. And they looked to the local health director in that particular scenario that we were dealing with. But the most important piece is that you have a plan beforehand, and that you have incident command that includes communication and media relationships in your plan. Mr. Shays. May the record note that Mr. Covert has been nodding his head the whole time that you have been speaking. I don't know if you want to add anything. Mr. Covert. Congressman, I would agree with Dr. Wiesner. Thank you. I know, even from your own experiences internally, and obviously being in the middle of D.C. and having the press right there, the pressures that the institution faces to respond to the community. On the other hand, when you only have a piece of the larger information as to what is going on, you really need to look-- you need to be able to look to the--to your public health leadership to be able to provide--not only to calm fears, but to provide good information and accurate information as to what is happening. I think that is one of the things why I tried to emphasize in the testimony of incorporating hospitals literally into that infrastructure so that you have that group together and plan together in how you effectively communicate, because you should be able to look to your public health leadership. My bias is, having been a former health director, you want to be able to respond in an accurate and, if I can only reinforce exactly what you said, in a timely way, and I think that was part of our frustration here during those early days was that ability to be able to put out information in a timely way. I would also make one other comment to you that I think becomes a challenge for this body as we walk through this is the issue of jurisdiction. I know you heard from Dr. Sharrett and the issues in northern Virginia. We had those exact same issues in Maryland. We have those exact issues in D.C., and who was going to then represent exactly what was happening, again, using the term Nation's Capital area. I can take and apply that same situation, Congressman, to an area far away from here in--let's say in the heartland. What would I do if I was the Quad Cities or some other area along the way in terms of who would be in charge, for example, of trying to share that kind of information, particularly if it would be dealing with the kind of threat that would expand over the boundaries that Dr. Wiesner had talked about. So I would concur with you that there needs to be better direction in that regard. I think we should be able to look to our public health leadership, and that it does need to be planned in advance. I think we can take a lesson also, to some extent, from what we have learned from those entities, those settings where you see major disasters in the past, let's recall them, weather-related kinds of disasters where they have learned to kind of have to come together to be able to then respond. This is a different issue, but the same principles would apply. Mr. Shays. Let me quickly--I am not sure if I have a second more, but--maybe I will get no answer here, but is there anyone on this panel that would argue that not telling the--I will say it in the positive--that telling the truth in the long run ends up to be essential, and that the attempt to gloss it over, understate it and so on doesn't end up to result in some problems in the future? In other words, is truth the best policy when it comes to disclosing the public health care threat? Dr. Sharrett. Absolutely. Mr. Shays. Absolutely. Yes. A lot of nodding of the heads. Thank you, Mr. Chairman. Mr. Tom Davis of Virginia. Mr. Horn. Mr. Horn. Thank you, Mr. Chairman. I just want to say that I watched very closely what was done in the Washington area. The Mayor, I thought, did an excellent job, and when people were sort of ducking some of the questions, he had the health authorities right there. And I think since the Mayor is well known, through--by his citizens, that is one good way, because he is very articulate. Mr. Tom Davis of Virginia. Well, thank you very much. This has been a lively discussion, and I appreciate all of the testimony in your followup answers to the questions that were posed to you. Before we close, I want to again thank everybody for attending the oversight hearing today. I want to thank the witnesses. I want to think my counterpart, ranking member, Congressman Turner, and the other Members for staying here through the hearing and participating. I want to thank my staff again for organizing this. It has been very productive. And, again, you will have up to 10 days, if you want to supplement anything you said, anything occurs to you you want to get in the record, we will be happy to do that. These proceedings are closed. [Whereupon, at 12:10 p.m., the subcommittee was adjourned.] [Additional information submitted for the hearing record follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]