Sec. 3. Enhancements to testing and certification

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Section 3001(c)(5) of the Public Health Service Act ( 42 U.S.C. 300jj–11 ) is amended— in subparagraph (A)— by striking The National Coordinator and inserting the following: The National Coordinator ; and by adding at the end the following: To enhance transparency in the compliance of health information technology with certification criteria adopted under this subtitle, the National Coordinator, in coordination with authorized certification bodies, may make information demonstrating how health information technology meets such certification criteria publicly available.

Such information may include summaries, screenshots, video demonstrations, or any other information the National Coordinator determines appropriate. Nothing in this paragraph shall be construed to require the release of trade secrets or any other protected intellectual property. ; in subparagraph (B), by adding at the end the following: Beginning 18 months after reporting criteria are finalized under section 3009A, certification criteria shall include, in addition to criteria to establish that the technology meets such standards and implementation specifications, criteria consistent with section 3009A(b) to establish that technology meets applicable security requirements, incorporates user-centered design, and achieves interoperability. ; and by adding at the end the following:

Beginning 1 year after the date of enactment of the TRUST IT Act , the Secretary shall require that each vendor of health information technology and entity seeking certification of health information technology, as a condition of certification and maintenance of certification of such technology, provide to the Secretary an attestation that— the vendor or entity, unless for a legitimate purpose specified by the Secretary, has not taken and will not take any action that constitutes information blocking with respect to health information technology; the vendor or entity will not engage in business practices or impose binding business relationship obligations that seek to intentionally limit communication between health information technology users and an authorized certification body regarding the usability, interoperability, security, business practices, or other relevant information about the health information technology or users’ experience with the health information technology; and health information from such technology may be exchanged, accessed, and used through the use of application programming interfaces and other standards without special effort, as authorized under applicable law.

The Inspector General of the Department of Health and Human Services may investigate any claim that— a vendor of, or other entity offering, certified health information technology— violated an attestation made under subparagraph (C); or engaged in information blocking with respect to the use of such health information technology by a health care provider, unless for a legitimate purpose specified by the Secretary; a health care provider engaged in information blocking with respect to the use of certified health information technology, unless for a legitimate purpose specified by the Secretary; a health information system provider engaged in information blocking with respect to the use of such certified health information technology, unless for a legitimate purpose specified by the Secretary.

Any person or entity determined by the Inspector General to have committed an act described in subclause (I), (II), or

(III)of clause

(i)shall be subject to a civil monetary penalty of not more than $10,000 for each such act. The provisions of section 1128A of the Social Security Act (other than subsections

(a)and (b)) shall apply to a civil money penalty applied under this subsection in the same manner as such provisions apply to a civil money penalty or proceeding under section 1128A(a). .

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42 USC 300jj–11

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Sec. 3

Enhancements to testing and certification

Cite42 USC 300jj–11

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