PART 67—AGENCY FOR HEALTH CARE POLICY AND RESEARCH GRANTS AND CONTRACTS Authority: Pub. L. 103-43, 107 Stat. 214-215, Pub. L. 102-410, 106 Stat. 2094-2101 and sec. 6103, Pub. L. 101-239, 103 Stat. 2189-2208, Title IX of the Public Health Service Act (42 U.S.C. 299-299c-6); and sec. 1142, Social Security Act (42 U.S.C. 1320b-12). Source: 62 FR 12908, Mar. 18, 1997, unless otherwise noted. Subpart A—Research Grants for Health Services Research, Evaluation, Demonstration, and Dissemination Projects § 67.10 Purpose and scope. The regulations of this subpart apply to the award by AHCPR of grants and cooperative agreements under: (a) Title IX of the Public Health Service Act to support research, evaluation, demonstration, and dissemination projects, including conferences, on health care services and systems for the delivery of such services, as well as to establish and operate multidisciplinary health services research centers. (b) Section 1142 of the Social Security Act to support research on the outcomes, effectiveness, and appropriateness of health care services and procedures, including but not limited to, evaluations of alternative services and procedures; projects to improve methods and data bases for outcomes, effectiveness, and other research; dissemination of research information and clinical guidelines, conferences, and research on dissemination methods. § 67.11 Definitions. As used in this subpart— Administrator Agency for Health Care Policy and Research (AHCPR) Direct costs Grant Grantee Nonprofit Peer review group PHS Act Principal investigator Social Security Act [62 FR 12908, Mar. 18, 1997, as amended at 81 FR 3010, Jan. 20, 2016; 89 FR 80068, Oct. 2, 2024] § 67.12 Eligible applicants. Any public or nonprofit private entity or any individual is eligible to apply for a grant under this subpart. § 67.13 Eligible projects. Projects for research, evaluations, demonstrations, dissemination of information (including research on dissemination), and conferences, related to health care services and the delivery of such services, are eligible for grant support. These include, but are not limited to, projects in the following categories: (a) Effectiveness, efficiency, and quality of health care services; (b) Outcomes of health care services and procedures; (c) Clinical practice, including primary care and practice-oriented research; (d) Health care technologies, facilities, and equipment, including assessments of health care technologies and innovative approaches to such assessments, and technology diffusion; (e) Health care costs and financing, productivity, and market forces; (f) Health promotion and disease prevention; (g) Health statistics and epidemiology; (h) Medical liability; (i) AID/HIV infection, particularly with respect to issues of access and delivery of health care services; (j) Rural health services; (k) The health of low-income, minority, elderly, and other underserved populations, including women and children; and (l) Information dissemination and research on dissemination methodologies, directed to health care providers, practitioners, consumers, educators, review organizations, and others. § 67.14 Application. (a) To apply for a grant, an entity or individual must submit an application in the form and at the time that the Administrator requires. The application must be signed by an individual authorized to act for the applicant and to assume on behalf of the applicant the obligations imposed by the PHS Act and the Social Security Act, as pertinent, the regulations of this subpart, and any additional terms or conditions of any grant awarded. (b) In addition to information requested on the application form, the applicant must provide such other information as the Administrator may request. § 67.15 Peer review of applications. (a) General procedures for peer review. (2) Members of the peer review group will be selected based upon their training and experience in relevant scientific and technical fields, taking into account, among other factors: (i) The level of formal education (e.g., M.A., Ph.D., M.D., D.N.Sc.) completed by the individual and/or the individual's pertinent experience and expertise; (ii) The extent to which the individual has engaged in relevant research, the capacities (e.g., principal investigator, assistant) in which the individual has done so, and the quality of such research; (iii) The extent of the professional recognition received by the individual as reflected by awards and other honors received from scientific and professional organizations outside the Department of Health and Human Services; (iv) The need of the peer review group to include within its membership experts representing various areas of specialization within relevant scientific and technical fields, or specific health care issues; and (v) Appropriate representation based on gender, racial/ethnic origin, and geography. (3) Review by the peer review group under paragraph (a) of this section is conducted by using the criteria set out in paragraph (c) of this section. (4) The peer review group to which an application has been submitted under paragraph (a) of this section shall make a written report to the Administrator on each application, which shall contain the following parts: (i) The first part of the report shall consist of a factual summary of the proposed project, including a description of its purpose, scientific approach, location, and total budget. (ii) The second part of the report shall address the scientific and technical merit of the proposed project with a critique of the proposed project with regard to the factors described in paragraphs (c)(1)(i) through (c)(1)(x) or (c)(2)(i) through (c)(2)(vii) of this section as applicable. This portion of the report shall include a set of recommendations to the Administrator with respect to the disposition of the application based upon its scientific and technical merit. The peer review panel may recommend to the Administrator that an application: (A) Be given consideration for funding, (B) Be deferred for a later decision, pending receipt of additional information, or (C) Not be given further consideration. (iii) For each application recommended for further consideration by the Administrator, the report shall also provide a priority score based on the scientific and technical merit of the proposed project, and make recommendations on the appropriate project period and level of support. The report may also address, as applicable, the degree to which the proposed project relates to AHCPR-announced priorities. (b) Procedural adjustments for small grants. (2) Non-Federal and Federal experts will be selected by the Administrator for the review of small grant applications on the basis of their training and experience in particular scientific and technical fields, their knowledge of health services research and the application of research findings, and their special knowledge of the issue(s) being addressed or methods and technology being used in the specific proposal. (3) Review of applications for small grants may be by a review group established in accordance with paragraph (a) of this section, or by individual field readers, or by an ad hoc group of reviewers. (4) The review criteria set forth in paragraph (c) of this section shall be used for the review of small grant applications. (5) Each reviewer or group of reviewers to whom an application has been submitted under paragraph (b) of this section shall make a written report to the Administrator on each application. Each report shall summarize the findings of the review and provide a recommendation to the Administrator on whether the application should be given further consideration. For applications recommended for further consideration, the report may also address, as applicable, the degree to which the proposed project relates to AHCPR-announced priorities. (c) Review criteria. (1) General review criteria. (i) The significance and originality from a scientific or technical standpoint of the goals of the project; (ii) The adequacy of the methodology proposed to carry out the project; (iii) The availability of data or the adequacy of the proposed plan to collect data required in the analyses; (iv) The adequacy and appropriateness of the plan for organizing and carrying out the project; (v) The qualifications and experience of the principal investigator and proposed staff; (vi) The reasonableness of the budget and the time frame for the project, in relation to the work proposed; (vii) The adequacy of the facilities and resources available to the grantee; (viii) The extent to which women and minorities are adequately represented in study populations; (ix) Where an application involves activities which could have an adverse effect upon humans, animals, or the environment, the adequacy of the proposed means for protecting against or minimizing such effects; and (x) Any additional criteria that may be announced by the Administrator from time to time for specific categories of grant applications (e.g., proposed projects for support of research centers) eligible for support under this subpart. (xi) In addition to the scientific and technical criteria above, peer reviewers may be asked to consider the degree to which a proposed project addresses any special AHCPR priorities that have been announced by the Administrator, as applicable. (2) Review criteria for conference grants. (i) The significance of the proposed conference, specifically the importance of the issue or problem being addressed, including methodological or technical issues for dealing with the development, conduct, or use of health services research; (ii) The qualifications of the staff involved in planning and managing the conference; (iii) The adequacy of the facilities and other resources available for the conference; (iv) the appropriateness of the proposed budget, including other sources of funding; (v) The extent to which the health concerns of women and minorities will be addressed in the conference topic(s), as appropriate; (vi) The plan for evaluating and disseminating the results of the conference; and (vii) Any additional criteria that may be announced by the Administrator. (viii) In addition to the scientific and technical criteria above, peer reviewers may be asked to consider the degree to which a proposed project addresses any special AHCPR priorities that have been announced by the Administrator, as appropriate. (d) Conflict of interest. (2) In addition to any restrictions referenced under paragraph (d)(1) of this section: (i) No member of a peer review group (or individual reviewer) may participate in or be present during any review by such group of a grant application in which, to the member's knowledge, any of the following has a financial interest: (A) The member or his or her spouse, minor child, or partner; (B) Any organization in which the member is serving as an officer, director, trustee, general partner, or employee; or (C) Any organization with which the member is negotiating or has any arrangement concerning prospective employment or other similar association, and further; (ii) In the event that any member of a peer review group or his or her spouse, parent, child, or partner is currently or expected to be the principal investigator or member of the staff responsible for carrying out any research or development activities contemplated as part of a grant application, that member of the group, or the group, may be disqualified from the review and the review conducted by another group with the expertise to do so. An ad hoc group selected in accordance with § 67.15(a), or § 67.15(b) as applicable, may also be used for the review. Any individual reviewer to whom the conditions of this paragraph apply would also be disqualified as a reviewer. (iii) No member of a peer review group or individual may participate in any review under this subpart of a specific grant application for which the member has had or is expected to have any other responsibility or involvement (whether preaward or postaward) as an officer or employee of the United States. (3) Where permissible under the standards and order(s) cited in paragraph (d)(1) of this section, the Administrator may waive the requirements in paragraph (d)(2) of this section if it is determined that there is no other practical means for securing appropriate expert advice on a particular grant application. [62 FR 12909, Mar. 18, 1997, as amended at 62 FR 37124, July 10, 1997] § 67.16 Evaluation and disposition of application. (a) Evaluation. (1) The degree to which the purposes of Title IX of the PHS Act and section 1142 of the Social Security Act, as applicable, are being addressed; (2) Recommendations made by reviewers pursuant to § 67.15; (3) Any recommendations made by the National Advisory Council for Health Care Policy, Research, and Evaluation, as applicable; (4) The appropriateness of the budget; (5) The extent to which the research proposal and the fiscal plan provide assurance that effective use will be made of grant funds; (6) The demonstrated business management capability of the applicant; (7) The demonstrated competence and skill of the staff, especially the senior personnel, in light of the scope of the project; (8) The probable usefulness of the results of the project for dealing with national health care issues, policies, and programs; and (9) The degree to which AHCPR-announced priorities or purposes are being addressed. (b) Disposition. § 67.17 Grant award. (a) Within the limits of available funds, the Administrator may award grants to those applicants whose projects are being considered for funding, which in the judgment of the Administrator, will promote best the purposes of Title IX of the PHS Act and (if applicable) section 1142 of the Social Security Act, AHCPR priorities, and the regulations of this subpart. (b) The Notice of Grant Award specifies how long the Administrator intends to support the project without requiring the project to recompete for funds. This period, called the project period, will usually be for 3-5 years, except for small grants, which usually are 1 year awards. The project period as specified in the Notice of Grant Award shall begin no later than 9 months following the date of the award, except that the project period must begin in the same fiscal year as that from which funds are being awarded. (c) Upon request from the grantee, Department grants policy permits an extension of the project period for up to 12 months, without additional funds, when more time is needed to complete the research. The Administrator may approve a request for an additional extension of time based on unusual circumstances with written justification submitted by the grantee, prior to the completion of the project period. In no case will an additional extension of more than 12 months be approved. (d) Generally, a grant award will be for 1 year, and subsequent continuation awards will be for 1 year at a time. A grantee must submit a separate continuation application to have the support continued for each subsequent year. Decisions regarding continuation awards and the funding level of such awards will be made after consideration of such factors as the grantee's progress and management practices and the availability of funds. In all cases, continuation awards require a determination by the Administrator that continuation is in the best interest of the Federal Government. (e) Neither the approval of any application nor the award of any grant commits or obligates the Federal Government in any way to make any additional, supplemental, continuation, or other award with respect to any approved application. (f) Small grants. (g) Supplemental awards. (2) In the case of small grants, as defined in section 922(d)(2) of the PHS Act, the Administrator will not approve a supplemental award during the project period (excluding any supplemental award for preparation of data in suitable form for transmittal in accordance with § 67.21) that will, in the aggregate, exceed 10 percent of the AHCPR approved direct costs of the project. (h) Noncompeting continuation awards. (1) The progress of the project in meeting project objectives; (2) The appropriateness of the management of the project and allocation of resources within the project; (3) The adequacy and appropriateness of the plan for carrying out the project during the budget period in light of the accomplishments during previous budget periods; and (4) The reasonableness of the proposed budget for the subsequent budget period. § 67.18 Use of project funds. Grant funds must be spent solely for carrying out the approved project in accordance with Title IX of PHS Act, section 1142 of the Social Security Act (if applicable), the regulations of this subpart, the terms and conditions of the award, and the provisions of 2 CFR parts 200 and 300. [62 FR 12908, Mar. 18, 1997, as amended at 81 FR 3010, Jan. 20, 2016; 89 FR 80068, Oct. 2, 2024] § 67.19 Other applicable regulations. Several other regulations apply to grants under this subpart. These include, but are not limited to: 2 CFR parts 200 and 300—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 37 CFR part 401—Inventions and patents 42 CFR part 50 subpart A—Responsibility of PHS awardee and applicant institutions for dealing with and reporting possible misconduct in science 42 CFR part 50 subpart D—Public Health Service grant appeals procedure 42 CFR part 50 subpart F—Responsibility of applicants for promoting objectivity in research for which PHS funding is sought 45 CFR part 16—Procedures of the departmental grant appeals board 45 CFR part 46—Protection of human subjects 45 CFR part 76—Governmentwide debarment and suspension (nonprocurement) and governmentwide requirements for drug-free workplace (grants) 45 CFR part 80—Nondiscrimination under programs receiving Federal assistance through the Department of Health and Human Services effectuation of Title VI of the Civil Rights Act of 1964 45 CFR part 81—Practice and procedure for hearings under Part 80 of this title 45 CFR part 84—Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance 45 CFR part 86—Nondiscrimination on the basis of sex in education programs and activities receiving or benefiting from Federal financial assistance 45 CFR part 91—Nondiscrimination on the basis of age in DHHS programs or activities receiving Federal financial assistance 45 CFR part 93—New restrictions on lobbying [62 FR 12908, Mar. 18, 1997, as amended at 81 FR 3010, Jan. 20, 2016; 89 FR 80068, Oct. 2, 2024] § 67.20 Confidentiality. The confidentiality of identifying information obtained in the course of conducting or supporting grant and cooperative agreement activities under this subpart is protected by section 903(c) of the PHS Act. Specifically: (a) No information obtained in the course of conducting or supporting grant and cooperative agreement activities under this subpart, if the entity or individual supplying the information or described in it is identifiable, may be used for any purpose other than the purpose for which it was supplied, unless the identifiable entity or individual supplying the information or described in it has consented to such other use, in the recorded form and manner as the Administrator may require; and (b) No information obtained in the course of grant and cooperative agreement activities conducted or supported under this subpart maybe published or released in other form if the individual who supplied the information or who is described in it is identifiable, unless such individual has consented, in the recorded form and manner as the Administrator may require, to such publication or release. § 67.21 Control of data and availability of publications. Except as otherwise provided in the terms and conditions of the award and subject to the confidentiality requirements of section 903(c) of the PHS Act, section 1142(d) of the Social Security Act, and § 67.20 of this subpart: (a) All data collected or assembled for the purpose of carrying out health services research, evaluation, demonstration, or dissemination projects supported under this subpart shall be made available to the Administrator, upon request: (b) All publications, reports, papers, statistics, or other materials developed from work supported, in whole or in part, by an award made under this subpart must be submitted to the Administrator in a timely manner. All such publications must include an acknowledgement that such materials are the results of, or describe, a grant activity supported by AHCPR; (c) The AHCPR retains a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, use, or disseminate any copyrightable material developed in the course of or under a grant for any purpose consistent with AHCPR's statutory responsibilities, and to authorize others to do so for the accomplishment of AHCPR purposes; and (d) Except for identifying information protected by section 903(c) of the PHS Act, the Administrator, as appropriate, will make information obtained with AHCPR grant support available, and arrange for dissemination of such information and material on as broad a basis as practicable and in such form as to make them as useful as possible to a variety of audiences, including health care providers, practitioners, consumers, educators, and policymakers. § 67.22 Additional conditions. The Administrator may, with respect to any grant awarded under this subpart, impose additional conditions prior to or at the time of any award when in the Administrator's judgment such conditions are necessary to assure or protect advancement of the approved project, the interest of the public health, or the conservation of grant funds. Subpart B—Peer Review of Contracts for Health Services Research, Evaluation, Demonstration, and Dissemination Projects § 67.101 Purpose and scope. (a) The regulations of this subpart apply to the peer review of contracts under: (1) Title IX of the Public Health Service Act to support research, evaluation, demonstration, and dissemination projects, including conferences, on health care services and systems for the delivery of such services; and development of clinical practice guidelines, quality standards, performance measures, and review criteria. (2) Section 1142 of the Social Security Act to support research on the outcomes, effectiveness, and appropriateness of health care services and procedures, including, but not limited to, evaluations of alternative services and procedures; projects to improve methods and data bases for outcomes and effectiveness research; dissemination of research information and clinical practice guidelines, as well as quality standards, performance measures, and review criteria; conferences; and research on dissemination methods. (b) The regulations of this subpart also contain provisions respecting confidentiality of research data, control of data, and availability of information. § 67.102 Definitions. Contract proposal Peer review group Request for proposals § 67.103 Peer review of contract proposals. (a) All contract proposals for AHCPR support will be submitted by the Administrator for review to a peer review group, as required in section 922(a) of the PHS Act. Proposals will be reviewed in accordance with the Federal Acquisition Regulations and the Health and Human Services Acquisition Regulations (48 CFR Ch. I and III) and the requirements of the pertinent Request for Proposal. (b) Establishment of peer review groups. (c) Composition of peer review groups. (1) The level of formal education (e.g., M.A., Ph.D., M.D., D.N.Sc.) completed by the individual and/or, as appropriate, the individual's pertinent experience and expertise; (2) The extent to which the individual has engaged in relevant research, the capacities (e.g., principal investigator, assistant) in which the individual has done so, and the quality of such research; (3) The extent of the professional recognition received by the individual as reflected by awards and other honors received from scientific and professional organizations outside the Department of Health and Human Services; (4) The need of the peer review group to include in its membership experts representing various areas of specialization in relevant scientific and technical fields, or specific health care issues; and (5) Appropriate representation based on gender, racial/ethnic origin, and geography, to the extent practicable. (d) Term of peer review group members. (e) Conflict of interest. (2) In addition to any restrictions referenced under paragraph (e)(1) of this section: (i) No member of a peer review group may participate in or be present during any review by such group of a contract proposal in which, to the member's knowledge, any of the following has a financial interest: (A) The member or his or her spouse, minor child, or partner; (B) Any organization in which the member is serving as an officer, director, trustee, general partner, or employee; or (C) Any organization with which the member is negotiating or has any arrangement concerning prospective employment or other similar association, and further; (ii) In the event any member of a peer review group or his or her spouse, parent, child, or partner is currently or expected to be the project director or member of the staff responsible for carrying out any contract requirements as specified in the contract proposal, that member is disqualified and will be replaced as appropriate. § 67.104 Confidentiality. Identifying information obtained in the course of conducting AHCPR contract activities under this subpart is protected by section 903(c) of the PHS Act. Specifically: (a) No information obtained in the course of conducting AHCPR contract activities under this subpart, if the entity or individual supplying the information or described in it is identifiable, may be used for any purpose other than the purpose for which it was supplied, unless the identifiable entity or individual supplying the information or described in it has consented to such other use, in the recorded form and manner as the Administrator may require. (b) No information obtained in the course of conducting AHCPR contract activities under this subpart may be published or released in other form if the individual who supplied the information or who is described in it is identifiable, unless such individual has consented, in the recorded form and manner as the Administrator may require, to such publication or release. § 67.105 Control of data and availability of publications. (a) Data will be collected, maintained, and supplied as provided in each contract subject to the confidentiality requirements of section 903(c) of the PHS Act, section 1142(d) of the Social Security Act, and § 67.104 of this subpart. (b) All publications, reports, papers, statistics, or other materials developed from work supported in whole or in part by contracts under Title IX of the PHS Act or section 1142 of the Social Security Act, if applicable, must be submitted to the Administrator in accordance with the terms of the contract. All publications must include an acknowledgment that such materials are the results of, or describe, a contractual activity supported by AHCPR. (c) In accordance with 48 CFR 52.227-14, unless otherwise specified in the contract, AHCPR will retain a license to use, disclose, reproduce, prepare derivative works from, distribute copies to the public, and perform publicly and display publicly any copyrightable materials produced under a contract for any purpose consistent with AHCPR's statutory responsibilities, and to have or permit others to do so for accomplishment of AHCPR purposes. (d) Except for identifying information protected by section 903(c) of the PHS Act, the Administrator, as appropriate, will make information provided in accordance with paragraphs (a) and (b) of this section available, and arrange for dissemination of such information and materials on as broad a basis as practicable and in such form as to make them as useful as possible to a variety of audiences, including health care providers, practitioners, consumers, educators, and policymakers.