Sec. 5. Interoperability
995 words·~5 min read·
/bill/114/s/2511/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3000 of the Public Health Service Act ( 42 U.S.C. 300jj ) is amended— by redesignating paragraphs
(10)through (14), as paragraphs
(11)through (15), respectively; and by inserting after paragraph
(9)the following: The term interoperability with respect to health information technology means such health information technology that has the ability to securely exchange electronic health information with and use electronic health information from other health information technology without special effort on the part of the user. . Section 3001(c) of the Public Health Service Act ( 42 U.S.C. 300jj–11(c) ) is amended by adding at the end the following: The National Coordinator shall, in collaboration with the National Institute of Standards and Technology and other relevant agencies within the Department of Health and Human Services, for the purpose of ensuring full network-to-network exchange of health information, convene public-private and public-public partnerships to build consensus and develop a trusted exchange framework, including a common agreement among health information networks nationally. Such convention may occur at a frequency determined appropriate by the Secretary. Not later than six months after the date of enactment of this paragraph, the National Coordinator shall convene appropriate public and private stakeholders to develop a trusted exchange framework for trust policies and practices and for a common agreement for exchange between health information networks. The common agreement may include— a common method for authenticating trusted health information network participants; a common set of rules for trusted exchange; organizational and operational policies to enable the exchange of health information among networks, including minimum conditions for such exchange to occur; and a process for filing and adjudicating noncompliance with the terms of the common agreement. The National Coordinator, in conjunction with the National Institute of Standards and Technology, shall provide technical assistance on how to implement the trusted exchange framework and common agreement under this paragraph. The National Coordinator, in collaboration with the National Institute of Standards and Technology, shall provide for the pilot testing of the trusted exchange framework and common agreement established under this subsection (as authorized under section 13201 of the Health Information Technology for Economic and Clinical Health Act). The National Coordinator, in collaboration with the National Institute of Standards and Technology, may delegate pilot testing activities under this clause to independent entities with appropriate expertise. Not later than one year after convening stakeholders under subparagraph (A), the National Coordinator shall publish on its public Internet website, and in the Federal register, the trusted exchange framework and common agreement developed 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. Not later than two years after convening stakeholders under subparagraph (A), and annually thereafter, the National Coordinator shall publish on its public Internet website a list of those health information networks that have adopted the common agreement and are capable of trusted exchange pursuant to the common agreement developed under paragraph (B). The Secretary shall, through notice-and-comment rulemaking, establish a process for health information networks that voluntarily elect to adopt the trusted exchange framework and common agreement to attest to such adoption of the framework and agreement. As appropriate, Federal agencies contracting or entering into agreements with health information exchange networks may require that as each such network upgrades health information technology or trust and operational practices, it may adopt, where available, the trusted exchange framework and common agreement published under subparagraph (C). Nothing in this paragraph shall be construed to require a health information network to adopt the trusted exchange framework or common agreement. Nothing in this paragraph shall be construed to require a health information network to adopt the trusted exchange framework or common agreement for the exchange of electronic health information between participants of the same network. The trusted exchange framework and common agreement published under subparagraph
(C)shall take into account existing trusted exchange frameworks and agreements used by health information networks to avoid the disruption of existing exchanges between participants of health information networks. Notwithstanding clauses (i), (ii), and (iii), Federal agencies may require the adoption of the trusted exchange framework and common agreement published under subparagraph
(C)for health information exchanges contracting with or entering into agreements pursuant to subparagraph (E). In carrying out this paragraph, the Secretary shall ensure the consideration of activities carried out by public and private organizations related to exchange between health information exchanges to avoid duplication of efforts. . Not later than 36 months after the date of enactment of this Act, the Secretary of Health and Human Services shall either directly, or through a partnership with a private entity, establish a provider digital contact information index to provide digital contact information for health professionals, health facilities, and other individuals or organizations. In establishing the initial index under paragraph (1), the Secretary of Health and Human Services may utilize an existing provider directory to make such digital contact information available. 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. 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 of Health and Human Services shall include all health professionals, health facilities, and other individuals or organizations applicable to provide a useful, reliable, and comprehensive index for use in the exchange of health information. In no case shall exclusion from the index of providers be used as a measure to achieve objectives other those described in subparagraph (A). Section 3004 of the Public Health Service Act ( 42 U.S.C. 300jj–14 ) is amended by adding at the end the following: In adopting and implementing standards under this section, the Secretary shall give deference to standards published by Standards Development Organizations and voluntary consensus-based standards bodies. .
Connectionstraces to 1
Traces to 1 document
U.S. Code
2 references not yet in our index
- 42 USC 300jj–11(c)
- 42 USC 300jj–14
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources