Collapse to view only § 172.700 - Applicability.
- § 172.700 - Applicability.
- § 172.701 - Attestation submission and acceptance.
- § 172.702 - QHIN Attestation Directory.
§ 172.700 - Applicability.
This subpart applies to QHINs.
§ 172.701 - Attestation submission and acceptance.
(a) Applicability. This subpart establishes:
(1) The attestation submission requirements for QHINs.
(2) The review and acceptance processes that ASTP/ONC will follow for TEFCA attestations.
(b) Submission of QHIN attestation. (1) In order to be listed in the QHIN Attestation Directory described in § 172.702, a QHIN must submit all of the following information to ASTP/ONC:
(i) Attestation affirming its adoption of the Common Agreement and Trusted Exchange Framework.
(ii) General identifying information, including:
(A) Name, address, city, state, zip code, and a hyperlink to its website.
(B) Designation of an authorized representative, including the representative's name, title, phone number, and email address.
(iii) Documentation confirming its Designation as a QHIN.
(2) A QHIN must provide ASTP/ONC with written notice of any changes to its identifying information provided in accordance with this paragraph (b) within thirty (30) business days of the change(s) to its identifying information.
(c) Submission method. A QHIN must electronically submit its attestation and documentation either via an email address identified by ASTP/ONC or via a submission on the ASTP/ONC website, if available.
(d) Review and acceptance. (1) Within thirty (30) business days, ASTP/ONC will either accept or reject an attestation submission.
(2) ASTP/ONC will accept an attestation if it determines that the QHIN has satisfied the requirements of paragraphs (b) and (c) of this section. ASTP/ONC will provide written notice to the applicable QHIN's authorized representative that the attestation has been accepted.
(3) ASTP/ONC will reject an attestation if it determines that the requirements of paragraph (b) or (c) of this section, or both, have not been satisfied.
(4) ASTP/ONC will provide written notice to the QHIN's authorized representative of the determination along with the basis for the determination.
(5) An ASTP/ONC determination under this section is final agency action and not subject to further administrative review, except the Secretary may choose to review the determination as provided in § 172.607(b). However, a QHIN may, at any time, resubmit an attestation in accordance with paragraphs (b) and (c) of this section.
§ 172.702 - QHIN Attestation Directory.
(a) Applicability. This subpart establishes processes for publishing a directory on the ASTP/ONC website of QHINs that voluntarily elect to adopt the Common Agreement and Trusted Exchange Framework and attest to such adoption.
(b) Publication. (1) Within fifteen (15) calendar days of notifying a QHIN that its QHIN submission has been accepted, ASTP/ONC will publish, at a minimum, the QHIN's name in the QHIN Attestation Directory on the ASTP/ONC website.
(2) ASTP/ONC will identify within the QHIN Attestation Directory those QHINs that are suspended under the Common Agreement.
(c) Removal from the QHIN Attestation Directory. (1) A QHIN whose Common Agreement has been terminated no longer qualifies to be included in the QHIN Attestation Directory as it is no longer considered a QHIN and will be removed from the QHIN Attestation Directory.
(2) Upon termination of a QHIN's Common Agreement, ASTP/ONC (or an RCE) will send a written a statement of intent to remove the QHIN from the QHIN Attestation Directory to the authorized representative of the QHIN.
(3) Any written statement given under paragraph (c)(2) of this section shall consist of the following, as appropriate:
(i) The name of the terminated QHIN and the name and contact information of the authorized representative of the QHIN.
(ii) A short statement setting forth findings of fact with respect to any violation of the Common Agreement or other basis for the QHIN's termination under the Common Agreement and justifying the termination on the basis of those findings of facts.
(iii) Other materials as ASTP/ONC (or the RCE) may deem relevant.
(d) Duration. A QHIN that is removed from the QHIN Attestation Directory will remain removed until a new attestation is accepted by ASTP/ONC in accordance with the processes specified in this subpart.
(e) Final agency action. An ASTP/ONC determination under this section is final agency action and not subject to further administrative review, except the Secretary may choose to review the determination as provided in § 172.607(b).