42 U.S.C. § 300jj–17 — Federal health information technology
submitted 82 years ago by Pub. L. 111-5 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 211 words · no verdicts yet
The National Coordinator must develop and update a qualified electronic health record system and make it available. The Coordinator can skip this if the market already meets providers' needs. The technology must be certified, a small fee may apply, and no one is required to use it.
(a) In general
The National Coordinator* must support the development and routine updating of qualified electronic health record* technology (as defined in section 300jj), consistent with subsections (b) and (c), and must make that technology available - unless the Secretary* determines, through an assessment, that the marketplace is already substantially and adequately meeting providers' needs and demands.
(b) Certification
When making this electronic health record technology publicly available, the National Coordinator must make sure it is certified, under the program developed under section 300jj-11(c)(3), as complying with the applicable adopted standards.
(c) Authorization to charge a nominal fee
The National Coordinator may charge a nominal fee for a health care provider's adoption of the health IT system developed or approved under subsections (a) and (b). That fee must take into account the financial circumstances of smaller providers, low-income providers, and providers in rural or other medically underserved areas.
(d) Rule of construction
Nothing in this section requires a private or government entity to adopt or use the technology provided under this section.
The National Coordinator* shall support the development and routine updating of qualified electronic health record* technology (as defined in section 300jj of this title) consistent with subsections (b) and (c) and make available such qualified electronic health record technology unless the Secretary* determines through an assessment that the needs and demands of providers are being substantially and adequately met through the marketplace.
In making such electronic health record technology publicly available, the National Coordinator shall ensure that the qualified electronic health record technology described in subsection (a) is certified under the program developed under section 300jj–11(c)(3) of this title to be in compliance with applicable standards adopted under section 300jj–12(a)(2) 1 of this title.
The National Coordinator may impose a nominal fee for the adoption by a health care provider* of the health information technology* system developed or approved under subsection 2 (a) and (b). Such fee shall take into account the financial circumstances of smaller providers, low income providers, and providers located in rural or other medically underserved areas.
Nothing in this section shall be construed to require that a private or government entity adopt or use the technology provided under this section.
Source credit: (July 1, 1944, ch. 373, title XXX, § 3007, as added Pub. L. 111–5, div. A, title XIII, § 13101, Feb. 17, 2009, 123 Stat. 241; amended Pub. L. 114–255, div. A, title IV, § 4003(e)(2)(E), Dec. 13, 2016, 130 Stat. 1175.)
- 1944Enacted · Pub. L. 111-5 · 123 Stat. 241
- 2016Amended · Pub. L. 114-255 · 130 Stat. 1175
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-5 on 1944-07-01.
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