42 USC 300 - Definitions

1 So in original. The words “ambulatory surgical center described in section 1395l(i) of this title” appear in two places.

emergency medical services provider, Federally qualified health center, group practice, a pharmacist, a pharmacy, a laboratory, a physician (as defined in

2 So in original. Probably should be followed by a period.

3 So in original. Probably should be “(a)(2)”.

of title 21.

4 So in original. There is no par. (14).

State

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act, referred to in par. (3), is Puspan. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables.

Amendments

2020—Par. (13)(C). Puspan. L. 116–260 added subpar. (C).

2016—Par. (7). Puspan. L. 114–255, § 4003(e)(2)(B), added par. (7) and struck out former par. (7). Prior to amendment, text read as follows: “The term ‘HIT Policy Committee’ means such Committee established under section 300jj–12(a) of this title.”

Par. (8). Puspan. L. 114–255, § 4003(e)(2)(B)(i), redesignated par. (9) as (8) and struck out former par. (8). Prior to amendment, text of par. (8) read as follows: “The term ‘HIT Standards Committee’ means such Committee established under section 300jj–13(a) of this title.”

Par. (9). Puspan. L. 114–255, § 4003(e)(2)(B)(i), redesignated par. (10) as (9). Former par. (9) redesignated (8).

Par. (10). Puspan. L. 114–255, § 4003(e)(2)(B)(i), redesignated par. (11) as (10). Former par. (10) redesignated (9).

Puspan. L. 114–255, § 4003(a)(2), added par. (10). Former par. (10) redesignated (11).

Pars. (11) to (14). Puspan. L. 114–255, § 4003(e)(2)(B)(i), redesignated pars. (12) to (14) as (11) to (13), respectively. Former par. (11) redesignated (10).

Puspan. L. 114–255, § 4003(a)(1), redesignated pars. (10) to (13) as (11) to (14), respectively. Former par. (14) redesignated (15).

Par. (15). Puspan. L. 114–255, § 4003(a)(1), redesignated par. (14) as (15).

Statutory Notes and Related Subsidiaries

Assisting Doctors and Hospitals in Improving Quality of Care for Patients

Puspan. L. 111–5, div. A, title XIII, § 13103, as added by Puspan. L. 114–255, div. A, title IV, § 4001(a)(1), Dec. 13, 2016, 130 Stat. 1157, provided that:

“(a)Reduction in Burdens Goal.—The Secretary of Health and Human Services (referred to in this section as the ‘Secretary’), in consultation with providers of health services, health care suppliers of services, health care payers, health professional societies, health information technology developers, health care quality organizations, health care accreditation organizations, public health entities, States, and other appropriate entities, shall, in accordance with subsection (span)—

“(1) establish a goal with respect to the reduction of regulatory or administrative burdens (such as documentation requirements) relating to the use of electronic health records;

“(2) develop a strategy for meeting the goal established under paragraph (1); and

“(3) develop recommendations for meeting the goal established under paragraph (1).

“(span)Strategy and Recommendations.—

“(1)In general.—To achieve the goal established under subsection (a)(1), the Secretary, in consultation with the entities described in such subsection, shall, not later than 1 year after the date of enactment of the 21st Century Cures Act [Dec. 13, 2016], develop a strategy and recommendations to meet the goal in accordance with this subsection.

“(2)Strategy.—The strategy developed under paragraph (1) shall address the regulatory and administrative burdens (such as documentation requirements) relating to the use of electronic health records. Such strategy shall include broad public comment and shall prioritize—

“(A)

(i) incentives for meaningful use of certified EHR technology for eligible professionals and hospitals under sections 1848(a)(7) and 1886(span)(3)(B)(ix), respectively, of the Social Security Act (42 U.S.C. 1395w–4(a)(7), 1395ww(span)(3)(B)(ix));

“(ii) the program for making payments under section 1903(a)(3)(F) of the Social Security Act (42 U.S.C. 1396span(a)(3)(F)) to encourage the adoption and use of certified EHR technology by Medicaid providers;

“(iii) the Merit-based Incentive Payment System under section 1848(q) of the Social Security Act (42 U.S.C. 1395w–4(q));

“(iv) alternative payment models (as defined in section 1833(z)(3)(C) of the Social Security Act (42 U.S.C. 1395l(z)(3)(C));

“(v) the Hospital Value-Based Purchasing Program under section 1886(o) of the Social Security Act (42 U.S.C. 1395ww(o)); and

“(vi) other value-based payment programs, as the Secretary determines appropriate;

“(B) health information technology certification;

“(C) standards and implementation specifications, as appropriate;

“(D) activities that provide individuals access to their electronic health information;

“(E) activities related to protecting the privacy of electronic health information;

“(F) activities related to protecting the security of electronic health information;

“(G) activities related to facilitating health and clinical research;

“(H) activities related to public health;

“(I) activities related to aligning and simplifying quality measures across Federal programs and other payers;

“(J) activities related to reporting clinical data for administrative purposes; and

“(K) other areas, as the Secretary determines appropriate.

“(3)Recommendations.—The recommendations developed under paragraph (1) shall address—

“(A) actions that improve the clinical documentation experience;

“(B) actions that improve patient care;

“(C) actions to be taken by the Secretary and by other entities; and

“(D) other areas, as the Secretary determines appropriate, to reduce the reporting burden required of health care providers.

“(4)FACA.—The Federal Advisory Committee Act ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.] shall not apply to the development of the goal, strategies, or recommendations described in this section.

“(c)Application of Certain Regulatory Requirements.—A physician (as defined in section 1861(r)(1) of the Social Security Act [42 U.S.C. 1395x(r)(1)]), to the extent consistent with applicable State law, may delegate electronic medical record documentation requirements specified in regulations promulgated by the Centers for Medicare & Medicaid Services to a person performing a scribe function who is not such physician if such physician has signed and verified the documentation.”