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42 U.S.C. § 300jj–51Health information technology enrollment standards and protocols

submitted 82 years ago by Pub. L. 111-148 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 592 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must create secure standards that help people enroll in federal and state health programs. States that get HIT funding may have to use these standards. The Secretary also gives states grants to build enrollment technology. States must share that technology for free with other qualified governments.

(a) In general: (1) Standards and protocols: Within 180 days after March 23, 2010, the Secretary, working with the HIT Advisory Committee, must create standards and protocols that are secure and work together (interoperable). These help people enroll in federal and state health and human services programs the Secretary picks. (2) Methods: The Secretary must use whatever methods it decides are appropriate to help with enrollment. This must include telling people (and anyone they authorize) whether they're eligible and how their eligibility was verified. (b) Content: The standards and protocols for electronic enrollment must allow for (1) checking eligibility electronically against existing federal and state records — like vital records, employment history, other enrollment systems, and tax records — instead of requiring paper documents; (2) simpler electronic paperwork, turning documents digital, and checking eligibility automatically; (3) reusing stored eligibility information so eligible people don't lose their benefits by mistake; (4) letting people apply, recertify, and manage their eligibility online — from home, service locations, or other community places; (5) being able to expand the system to add new programs and rules, handle more volume, and apply the same streamlined process to other federal and state programs; (6) notifying people about their eligibility, recertification, and other needed updates — possibly by email or cell phone; and (7) any other features necessary to give eligible people a streamlined enrollment process. (c) Approval and notification: Once the HIT Advisory Committee approves a standard or protocol from part (a), the Secretary (1) must tell states about it, and (2) may require states or other groups to use that standard as a condition of getting federal health IT funding. (d) Grants for implementation of appropriate enrollment HIT: (1) In general: The Secretary must award grants to eligible entities to build new technology systems, or update existing ones, that use the enrollment standards from part (a) — called "appropriate HIT technology" here. (2) Eligible entities: To get this grant, an entity must (A) be a State, a part of a State, or a local government, and (B) submit an application that includes (i) a plan to adopt this enrollment technology, including expected cuts in maintenance costs, retiring old ("legacy") systems, and proof it's working with other entities nearby that may also get this grant, (ii) a promise to share the technology as described in paragraph (4), and (iii) whatever other information the Secretary asks for. (3) Sharing: (A) The Secretary must make sure the enrollment technology built with these grants is shared for free with other qualified states, parts of states, or other qualified entities. (B) The Secretary decides who counts as "qualified," considering the HIT Advisory Committee's advice.
the actual law source: uscode.house.gov ↗public domain
(a) In general
(1) Standards and protocols

Not later than 180 days after March 23, 2010,1 the Secretary, in consultation with the HIT Advisory Committee, shall develop interoperable and secure standards and protocols that facilitate enrollment of individuals in Federal and State health and human services programs, as determined by the Secretary.

(2) Methods

The Secretary shall facilitate enrollment in such programs through methods determined appropriate by the Secretary, which shall include providing individuals and third parties authorized by such individuals and their designees notification of eligibility and verification of eligibility required under such programs.

(b) Content

The standards and protocols for electronic enrollment in the Federal and State programs described in subsection (a) shall allow for the following:

(1)

Electronic matching against existing Federal and State data, including vital records, employment history, enrollment systems, tax records, and other data determined appropriate by the Secretary to serve as evidence of eligibility and in lieu of paper-based documentation.

(2)

Simplification and submission of electronic documentation, digitization of documents, and systems verification of eligibility.

(3)

Reuse of stored eligibility information (including documentation) to assist with retention of eligible individuals.

(4)

Capability for individuals to apply, recertify and manage their eligibility information online, including at home, at points of service, and other community-based locations.

(5)

Ability to expand the enrollment system to integrate new programs, rules, and functionalities, to operate at increased volume, and to apply streamlined verification and eligibility processes to other Federal and State programs, as appropriate.

(6)

Notification of eligibility, recertification, and other needed communication regarding eligibility, which may include communication via email and cellular phones.

(7)

Other functionalities necessary to provide eligibles with streamlined enrollment process.

(c) Approval and notification

With respect to any standard or protocol developed under subsection (a) that has been approved by the HIT Advisory Committee, the Secretary—

(1)

shall notify States of such standards or protocols; and

(2)

may require, as a condition of receiving Federal funds for the health information technology investments, that States or other entities incorporate such standards and protocols into such investments.

(d) Grants for implementation of appropriate enrollment HIT
(1) In general

The Secretary shall award grant 2 to eligible entities to develop new, and adapt existing, technology systems to implement the HIT enrollment standards and protocols developed under subsection (a) (referred to in this subsection as “appropriate HIT technology”).

(2) Eligible entities

To be eligible for a grant under this subsection, an entity shall—

(A)

be a State, political subdivision of a State, or a local governmental entity; and

(B)

submit to the Secretary an application at such time, in such manner, and containing—

(i)

a plan to adopt and implement appropriate enrollment technology that includes—

(I)

proposed reduction in maintenance costs of technology systems;

(II)

elimination or updating of legacy systems; and

(III)

demonstrated collaboration with other entities that may receive a grant under this section that are located in the same State, political subdivision, or locality;

(ii)

an assurance that the entity will share such appropriate enrollment technology in accordance with paragraph (4); and

(iii)

such other information as the Secretary may require.

(3) Sharing
(A) In general

The Secretary shall ensure that appropriate enrollment HIT adopted under grants under this subsection is made available to other qualified State, qualified political subdivisions of a State, or other appropriate qualified entities (as described in subparagraph (B)) at no cost.

(B) Qualified entities

The Secretary shall determine what entities are qualified to receive enrollment HIT under subparagraph (A), taking into consideration the recommendations of the HIT Advisory Committee.

Source credit: (July 1, 1944, ch. 373, title XXX, § 3021, as added Pub. L. 111–148, title I, § 1561, Mar. 23, 2010, 124 Stat. 262; amended Pub. L. 114–255, div. A, title IV, § 4003(e)(2)(A)(ii), Dec. 13, 2016, 130 Stat. 1174.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 111-148 · 124 Stat. 262
  • 2016Amended · Pub. L. 114-255 · 130 Stat. 1174

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-148 on 1944-07-01.

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