42 USC 300 - Office of the National Coordinator for Health Information Technology

1 See References in Text note below.

2 So in original. Probably should be “Register,”.

the trusted exchange framework and common agreement developed or supported under subparagraph (B). Such trusted exchange framework and common agreement shall be published in a manner that protects proprietary and security information, including trade secrets and any other protected intellectual property.

3 So in original. Probably should be “subparagraph”.

(B).

Editorial Notes

References in Text

The National Technology Transfer Act of 1995 (15 U.S.C. 272 note), referred to in subsec. (c)(7), probably means section 12(d) of Puspan. L. 104–113, known as the National Technology Transfer and Advancement Act of 1995, which is set out as a note under section 272 of Title 15, Commerce and Trade.

Amendments

2016—Subsec. (c)(1)(A). Puspan. L. 114–255, § 4003(e)(2)(C)(i), substituted “under section 300jj–12 of this title” for “under section 300jj–13 of this title”.

Puspan. L. 114–255, § 4003(e)(2)(A)(i), substituted “HIT Advisory Committee” for “HIT Standards Committee”.

Subsec. (c)(2)(B). Puspan. L. 114–255, § 4003(e)(2)(C)(ii), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “The National Coordinator shall be a leading member in the establishment and operations of the HIT Policy Committee and the HIT Standards Committee and shall serve as a liaison among those two Committees and the Federal Government.”

Subsec. (c)(3)(A)(v). Puspan. L. 114–255, § 4003(e)(2)(A)(ii), which directed amendment of this section by substituting “HIT Advisory Committee” for “HIT Policy Committee and the HIT Standards Committee” wherever appearing, was executed to cl. (v) by making the substitution for “HIT Policy Committee, the HIT Standards Committee”, to reflect the probable intent of Congress.

Subsec. (c)(5)(C). Puspan. L. 114–255, § 4001(span), added subpar. (C).

Subsec. (c)(5)(D), (E). Puspan. L. 114–255, § 4002(a), added subpars. (D) and (E).

Subsec. (c)(6)(A). Puspan. L. 114–255, § 4003(e)(2)(A)(i), which directed amendment of this section by substituting “HIT Advisory Committee” for both “HIT Policy Committee” and “HIT Standards Committee” wherever appearing, but not within the term “HIT Policy Committee or the HIT Standards Committee”, was not executed to subpar. (A) as provided in the exception, notwithstanding text that reads “HIT Policy Committee or HIT Standards Committee”, to reflect the probable intent of Congress.

Subsec. (c)(9). Puspan. L. 114–255, § 4003(span), added par. (9).

Statutory Notes and Related Subsidiaries

Provider Digital Contact Information Index

Puspan. L. 114–255, div. A, title IV, § 4003(c), Dec. 13, 2016, 130 Stat. 1167, provided that:

“(1)In general.—Not later than 3 years after the date of enactment of this Act [Dec. 13, 2016], the Secretary of Health and Human Services (referred to in this subsection as the ‘Secretary’) shall, directly or through a partnership with a private entity, establish a provider digital contact information index to provide digital contact information for health professionals and health facilities.

“(2)Use of existing index.—In establishing the initial index under paragraph (1), the Secretary may utilize an existing provider directory to make such digital contact information available.

“(3)Contact information.—An index established under this subsection shall ensure that contact information is available at the individual health care provider level and at the health facility or practice level.

“(4)Rule of construction.—

“(A)In general.—The purpose of this subsection is to encourage the exchange of electronic health information by providing the most useful, reliable, and comprehensive index of providers possible. In furthering such purpose, the Secretary shall include all health professionals and health facilities applicable to provide a useful, reliable, and comprehensive index for use in the exchange of health information.

“(B)Limitation.—In no case shall exclusion from the index of providers be used as a measure to achieve objectives other [than] the objectives described in subparagraph (A).”