ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

42 U.S.C. § 300jjDefinitions

submitted 82 years ago by Pub. L. 111-5 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 815 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines key terms used throughout this part of the health law. It explains words like "certified EHR technology," "health care provider," "interoperability," and "State." These definitions apply everywhere else in this subchapter.

(1) Certified EHR technology - This is a "qualified electronic health record" (defined in paragraph (13)) that has been certified under section 300jj-11(c)(5) as meeting the standards adopted under section 300jj-14 that fit the kind of record involved, as the Secretary decides - for example, an ambulatory record for a doctor's office or an inpatient record for a hospital. (2) Enterprise integration - This means electronically linking health care providers, health plans, the government, and other interested parties so health information can be exchanged and used across the whole health care system, consistent with applicable law. It includes related application protocols and other related standards. (3) Health care provider - This term includes: a hospital; a skilled nursing facility; a nursing facility; a home health entity or other long-term care facility; a health care clinic; a community mental health center (as defined in section 300x-2(b)(1)); a renal dialysis facility; a blood center; an ambulatory surgical center described in section 1395l(i); an emergency medical services provider; a federally qualified health center; a group practice; a pharmacist; a pharmacy; a laboratory; a physician (as defined in section 1395x(r)); a practitioner (as described in section 1395u(b)(18)(C)); a provider operated by or under contract with the Indian Health Service, an Indian tribe, a tribal organization, or an urban Indian organization (as those terms are defined elsewhere in the law); a rural health clinic; a covered entity under section 256b; a therapist (as defined in section 1395w-4(k)(3)(B)(iii)); and any other category of health care facility, entity, practitioner, or clinician the Secretary decides is appropriate. (4) Health information - This has the same meaning given to it in section 1320d(4) of this title. (5) Health information technology - This means hardware, software, combined technologies or related licenses, intellectual property, upgrades, or bundled services sold to health care entities or patients, designed for or supporting the electronic creation, keeping, access, or exchange of health information. (6) Health plan - This has the same meaning given to it in section 1320d(5) of this title. (7) HIT Advisory Committee - This means the Committee established under section 300jj-12(a). (8) Individually identifiable health information - This has the same meaning given to it in section 1320d(6) of this title. (9) Interoperability - For health information technology, this means technology that: (A) lets a user securely exchange and use electronic health information with other health information technology, without special effort; (B) allows complete access to, exchange of, and use of all electronically accessible health information, to the extent authorized under applicable State or federal law; and (C) does not amount to "information blocking" as defined in section 300jj-52(a). (10) Laboratory - This has the same meaning given to it in section 263a(a) of this title. (11) National Coordinator - This means the head of the Office of the National Coordinator for Health Information Technology, established under section 300jj-11(a). (12) Pharmacist - This has the same meaning given to it in section 384(2) of title 21. (13) Qualified electronic health record - This is an electronic record of an individual's health-related information that: (A) includes patient demographic information and clinical health information, such as medical history and problem lists; (B) can (i) provide clinical decision support, (ii) support physician order entry, (iii) capture and look up information relevant to health care quality, and (iv) exchange electronic health information with, and pull in information from, other sources; and (C) includes, or can include, a real-time benefit tool showing a patient's real-time cost and coverage information for prescription drugs. For technology certified for electronic prescribing specifically, it must be able to incorporate the cost and coverage information described in clauses (i) through (iii), starting on a date the Secretary sets - but not before the Secretary adopts a standard for such tools under the related provision. Note: the supplied text moves directly from paragraph (13) to paragraph (15); no paragraph (14) appears in it. (15) State - This means each of the several states, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.
the actual law source: uscode.house.gov ↗public domain

In this subchapter:

(1) Certified EHR technology

The term “certified EHR technology” means a qualified electronic health record that is certified pursuant to section 300jj–11(c)(5) of this title as meeting standards adopted under section 300jj–14 of this title that are applicable to the type of record involved (as determined by the Secretary, such as an ambulatory electronic health record for office-based physicians or an inpatient hospital electronic health record for hospitals).

(2) Enterprise integration

The term “enterprise integration” means the electronic linkage of health care providers, health plans, the government, and other interested parties, to enable the electronic exchange and use of health information among all the components in the health care infrastructure in accordance with applicable law, and such term includes related application protocols and other related standards.

(3) Health care provider

The term “health care provider” includes a hospital, skilled nursing facility, nursing facility, home health entity or other long term care facility, health care clinic, community mental health center (as defined in section 300x–2(b)(1) of this title), renal dialysis facility, blood center, ambulatory surgical center described in section 1395l(i) of this title,1 emergency medical services provider, Federally qualified health center, group practice, a pharmacist, a pharmacy, a laboratory, a physician (as defined in section 1395x(r) of this title), a practitioner (as described in section 1395u(b)(18)(C) of this title), a provider operated by, or under contract with, the Indian Health Service or by an Indian tribe (as defined in the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.]), tribal organization, or urban Indian organization (as defined in section 1603 of title 25), a rural health clinic, a covered entity under section 256b of this title, an ambulatory surgical center described in section 1395l(i) of this title,1 a therapist (as defined in section 1395w–4(k)(3)(B)(iii) of this title), and any other category of health care facility, entity, practitioner, or clinician determined appropriate by the Secretary.

(4) Health information

The term “health information” has the meaning given such term in section 1320d(4) of this title.

(5) Health information technology

The term “health information technology” means hardware, software, integrated technologies or related licenses, intellectual property, upgrades, or packaged solutions sold as services that are designed for or support the use by health care entities or patients for the electronic creation, maintenance, access, or exchange of health information 2

(6) Health plan

The term “health plan” has the meaning given such term in section 1320d(5) of this title.

(7) HIT Advisory Committee

The term “HIT Advisory Committee” means such Committee established under section 300jj–12(a) of this title.

(8) Individually identifiable health information

The term “individually identifiable health information” has the meaning given such term in section 1320d(6) of this title.

(9) Interoperability

The term “interoperability”, with respect to health information technology, means such health information technology that—

(A)

enables the secure exchange of electronic health information with, and use of electronic health information from, other health information technology without special effort on the part of the user;

(B)

allows for complete access, exchange, and use of all electronically accessible health information for authorized use under applicable State or Federal law; and

(C)

does not constitute information blocking as defined in section 300jj–52(a) of this title.

(10) Laboratory

The term “laboratory” has the meaning given such term in section 263a(a) of this title.

(11) National Coordinator

The term “National Coordinator” means the head of the Office of the National Coordinator for Health Information Technology established under section 300jj–11(a) of this title.

(12) Pharmacist

The term “pharmacist” has the meaning given such term in section 384(2) 3 of title 21.

(13) Qualified electronic health record

The term “qualified electronic health record” means an electronic record of health-related information on an individual that—

(A)

includes patient demographic and clinical health information, such as medical history and problem lists;

(B)

has the capacity—

(i)

to provide clinical decision support;

(ii)

to support physician order entry;

(iii)

to capture and query information relevant to health care quality; and

(iv)

to exchange electronic health information with, and integrate such information from other sources; and

(C)

includes, or is capable of including, a real-time benefit tool that conveys patient-specific real-time cost and coverage information with respect to prescription drugs that, with respect to any health information technology certified for electronic prescribing, the technology shall be capable of incorporating the information described in clauses (i) through (iii) of paragraph (2)(B) of section 1395w–104(o) of this title at a time specified by the Secretary but not before the Secretary adopts a standard for such tools as described in paragraph (1) of such section.

(15)4 State

The term “State” means each of the several States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.

Source credit: (July 1, 1944, ch. 373, title XXX, § 3000, as added Pub. L. 111–5, div. A, title XIII, § 13101, Feb. 17, 2009, 123 Stat. 228; amended Pub. L. 114–255, div. A, title IV, § 4003(a), (e)(2)(B), Dec. 13, 2016, 130 Stat. 1165, 1174; Pub. L. 116–260, div. CC, title I, § 119(b), Dec. 27, 2020, 134 Stat. 2952.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 111-5 · 123 Stat. 228
  • 2016Amended · Pub. L. 114-255 · 130 Stat. 1165, 1174
  • 2020Amended · Pub. L. 116-260 · 134 Stat. 2952

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-5 on 1944-07-01.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case