[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4157 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4157
To amend the Social Security Act to encourage the dissemination,
security, confidentiality, and usefulness of health information
technology.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 27, 2005
Mrs. Johnson of Connecticut (for herself, Mr. Deal of Georgia, Mr.
Blunt, Mr. Cantor, Mr. McCrery, Mr. Sam Johnson of Texas, Mr. Camp, Mr.
Ramstad, Mr. English of Pennsylvania, Mr. Hayworth, Mr. Hulshof, Mr.
Herger, Mr. Lewis of Kentucky, Mr. Weller, Mr. Ryan of Wisconsin, Mr.
Beauprez, Mr. Upton, Mrs. Wilson of New Mexico, Mr. Bass, Mr. Terry,
Mr. Murphy, Mr. Bradley of New Hampshire, Mr. Boehlert, Mr. Castle,
Mrs. Emerson, Mr. Gerlach, Mr. Hobson, Mrs. Kelly, Mr. Jindal, Mr.
Schwarz of Michigan, Mr. Shays, and Mr. Simmons) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Ways and Means, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the Social Security Act to encourage the dissemination,
security, confidentiality, and usefulness of health information
technology.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Health Information
Technology Promotion Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Office of the National Coordinator for Health Information
Technology.
Sec. 3. Safe harbors for provision of health information technology and
training services to health care
professionals.
Sec. 4. Uniform health information laws and regulations.
Sec. 5. Rulemaking to upgrade ASC X12 and NCPDP standards and ICD
codes.
Sec. 6. Report on the American Health Information Community.
Sec. 7. Strategic plan for coordinating implementation of health
information technology.
SEC. 2. OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION
TECHNOLOGY.
(a) In General.--Title II of the Public Health Service Act is
amended by adding at the end the following new part:
``Part D--Health Information Technology
``office of the national coordinator for health information technology
``Sec. 271.
``(a) Establishment.--There is established within the Department of
Health and Human Services an Office of the National Coordinator for
Health Information Technology that shall be headed by the National
Coordinator for Health Information Technology (referred to in this
section as the `National Coordinator'). The National Coordinator shall
be appointed by the President and shall report directly to the
Secretary. The National Coordinator shall be paid at a rate equal to
the rate of basic pay for level IV of the Executive Schedule.
``(b) Goals of Nationwide Interoperable Health Information
Technology Infrastructure.--The National Coordinator shall perform the
duties under subsection (c) in a manner consistent with the development
of a nationwide interoperable health information technology
infrastructure that--
``(1) improves health care quality, reduces medical errors,
increases the efficiency of care, and advances the delivery of
appropriate, evidence-based health care services;
``(2) promotes wellness, disease prevention, and management
of chronic illnesses by increasing the availability and
transparency of information related to the health care needs of
an individual for such individual;
``(3) ensures that appropriate information necessary to
make medical decisions is available in a usable form at the
time and in the location that the medical service involved is
provided;
``(4) produces greater value for health care expenditures
by reducing health care costs that result from inefficiency,
medical errors, inappropriate care, and incomplete information;
``(5) promotes a more effective marketplace, greater
competition, greater systems analysis, increased choice,
enhanced quality, and improved outcomes in health care
services;
``(6) improves the coordination of information and the
provision of such services through an effective infrastructure
for the secure and authorized exchange and use of health care
information; and
``(7) ensures that the confidentiality of individually
identifiable health information of a patient is secure and
protected.
``(c) Duties of National Coordinator.--
``(1) Strategic planner for interoperable health
information technology.--The National Coordinator shall
maintain, direct, and oversee the continuous improvement of a
strategic plan to guide the nationwide implementation of
interoperable health information technology in both the public
and private health care sectors consistent with subsection (b).
``(2) Principal advisor to hhs.--The National Coordinator
shall serve as the principal advisor of the Secretary on the
development, application, and use of health information
technology, and coordinate the health information technology
programs of the Department of Health and Human Services.
``(3) Coordinator of federal government activities.--
``(A) In general.--The National Coordinator shall
serve as the coordinator of Federal Government
activities relating to health information technology.
``(B) Specific coordination functions.--In carrying
out subparagraph (A), the National Coordinator shall
provide for--
``(i) the development and approval of
standards used in the electronic creation,
maintenance, or exchange of health information;
and
``(ii) the certification and inspection of
health information technology products,
exchanges, and architectures to ensure that
such products, exchanges, and architectures
conform to the applicable standards approved
under clause (i).
``(C) Use of private entities.--The National
Coordinator shall, to the maximum extent possible,
contract with or recognize private entities in carrying
out subparagraph (B).
``(D) Uniform application of standards.--A standard
approved under subparagraph (B)(i) for use in the
electronic creation, maintenance, or exchange of health
information shall preempt a standard adopted under
State law, regulation, or rule for such a use.
``(4) Intragovernmental coordinator.--The National
Coordinator shall ensure that health information technology
policies and programs of the Department of Health and Human
Services are coordinated with those of relevant executive
branch agencies and departments with a goal to avoid
duplication of effort and to ensure that each agency or
department conducts programs within the areas of its greatest
expertise and its mission in order to create a national
interoperable health information system capable of meeting
national public health needs effectively and efficiently.
``(5) Advisor to omb.--The National Coordinator shall
provide to the Director of the Office of Management and Budget
comments and advice with respect to specific Federal health
information technology programs.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for each of fiscal years 2006 through 2010.''.
(b) Treatment of Executive Order 13335.--Executive Order 13335
shall not have any force or effect after the date of the enactment of
this Act.
(c) Transition From ONCHIT Under Executive Order.--
(1) In general.--All functions, personnel, assets,
liabilities, administrative actions, and statutory reporting
requirements applicable to the old National Coordinator or the
Office of the old National Coordinator on the date before the
date of the enactment of this Act shall be transferred, and
applied in the same manner and under the same terms and
conditions, to the new National Coordinator and the Office of
the new National Coordinator as of the date of the enactment of
this Act.
(2) Acting national coordinator.--Before the appointment of
the new National Coordinator, the old National Coordinator
shall act as the National Coordinator for Health Information
Technology until the office is filled as provided in section
271(a) of the Public Health Service Act, as added by subsection
(a). The President may appoint the old National Coordinator as
the new National Coordinator.
(3) Definitions.--For purposes of this subsection:
(A) New national coordinator.--The term ``new
National Coordinator'' means the National Coordinator
for Health Information Technology appointed under
section 271(a) of the Public Health Service Act, as
added by subsection (a).
(B) Old national coordinator.--The term ``old
National Coordinator'' means the National Coordinator
for Health Information Technology appointed under
Executive Order 13335.
SEC. 3. SAFE HARBORS FOR PROVISION OF HEALTH INFORMATION TECHNOLOGY AND
TRAINING SERVICES TO HEALTH CARE PROFESSIONALS.
(a) For Civil Penalties.--Section 1128A(b) of the Social Security
Act (42 U.S.C. 1320a-7a(b)) is amended by adding at the end the
following new paragraph:
``(4)(A) For purposes of this subsection, a payment described in
paragraph (1) does not include any nonmonetary remuneration (in the
form of health information technology and related training services)
made by an entity to a physician if--
``(i) such remuneration is made without a condition that--
``(I) limits or restricts the use of the health
information technology to services provided by the
physician to individuals receiving services at the
entity;
``(II) limits or restricts the use of the health
information technology in conjunction with other health
information technology; or
``(III) takes into account the volume or value of
referrals (or other business generated) by the
physician to the entity;
``(ii) in the case of such remuneration made on a date that
is on or after the date described in section 3(d)(2) of the
Health Information Technology Promotion Act of 2005, to the
extent the National Coordinator of Health Information
Technology has approved a standard under section
271(c)(3)(B)(i) of the Public Health Service Act, the health
information technology provided conforms to such standard;
``(iii) in the case of such remuneration made on or after
the date that is three years after the date described in
section 3(d)(2) of the Health Information Technology Promotion
Act of 2005, if the Secretary establishes criteria under
section 3(e)(3) of such Act, such remuneration is made in
accordance with such criteria; and
``(iv) such remuneration is arranged for in a written
agreement that is signed by a representative of the entity and
by the physician and that specifies the remuneration made.
``(B) For purposes of subparagraph (A) and sections 1128B(b)(3)(J)
and 1877(e)(9), the term `health information technology' means
hardware, software, license, right, intellectual property, equipment,
or other information technology used primarily for the electronic
creation, maintenance, and exchange of clinical health information to
improve health care quality or efficiency.''.
(b) For Criminal Penalties.--Section 1128B(b)(3) of such Act (42
U.S.C. 1320a-7b(b)(3)) is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in the subparagraph (H) added by section 237(d) of the
Medicare Prescription Drug, Improvement, and Modernization Act
of 2003 (Public Law 108-173; 117 Stat. 2213)--
(A) by moving such subparagraph 2 ems to the left;
and
(B) by striking the period at the end and inserting
a semicolon;
(3) in the subparagraph (H) added by section 431(a) of such
Act (117 Stat. 2287)--
(A) by redesignating such subparagraph as
subparagraph (I);
(B) by moving such subparagraph 2 ems to the left;
and
(C) by striking the period at the end and inserting
``; and''; and
(4) by adding at the end the following new subparagraph:
``(J) any nonmonetary remuneration (in the form of health
information technology, as defined in section 1128A(b)(4)(B),
and related training services) made to a person if--
``(i) such remuneration is solicited or received
(or offered or paid) without a condition that--
``(I) limits or restricts the use of the
health information technology to services
provided by the person to individuals receiving
services at the location of the entity
providing such technology;
``(II) limits or restricts the use of the
health information technology in conjunction
with other health information technology; or
``(III) takes into account the volume or
value of referrals (or other business
generated) by the person to the entity
providing such technology;
``(ii) in the case of such remuneration made on a
date that is on or after the date described in section
3(d)(2) of the Health Information Technology Promotion
Act of 2005, to the extent the National Coordinator of
Health Information Technology has approved a standard
under section 271(c)(3)(B)(i) of the Public Health
Service Act, the health information technology provided
conforms to such standard;
``(iii) in the case of such remuneration made on or
after the date that is three years after the date
described in section 3(d)(2) of the Health Information
Technology Promotion Act of 2005, if the Secretary
establishes criteria under section 3(e)(3) of such Act,
such remuneration is made in accordance with such
criteria; and
``(iv) such remuneration is arranged for in a
written agreement that is signed by the parties
involved and that specifies the remuneration solicited
or received (or offered or paid).''.
(c) For Limitation on Certain Physician Referrals.--Section 1877(e)
of such Act (42 U.S.C. 1395nn(e)) is amended by adding at the end the
following new paragraph:
``(9) Information technology and training services.--Any
nonmonetary remuneration (in the form of health information
technology, as defined in section 1128A(b)(4)(B), and related
training services) made by an entity to a physician if--
``(A) such remuneration is made without a condition
that--
``(i) limits or restricts the use of the
health information technology to services
provided by the physician to individuals
receiving services at the location of the
entity providing such technology;
``(ii) limits or restricts the use of the
health information technology in conjunction
with other health information technology; or
``(iii) takes into account the volume or
value of referrals (or other business
generated) by the physician to the entity
providing such technology;
``(B) in the case of such remuneration made on a
date that is on or after the date described in section
3(d)(2) of the Health Information Technology Promotion
Act of 2005, to the extent the National Coordinator of
Health Information Technology has approved a standard
under section 271(c)(3)(B)(i) of the Public Health
Service Act, the health information technology provided
conforms to such standard;
``(C) in the case of such remuneration made on or
after the date that is three years after the date
described in section 3(d)(2) of the Health Information
Technology Promotion Act of 2005, if the Secretary
establishes criteria under section 3(e)(3) of such Act,
such remuneration is made in accordance with such
criteria; and
``(D) such remuneration is arranged for in a
written agreement that is signed by a representative of
the entity and by the physician and that specifies the
remuneration made.''.
(d) Regulation, Effective Date, and Effect on State Laws.--
(1) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Health and Human
Services shall promulgate such regulations as may be necessary
to carry out the provisions of this section.
(2) Effective date.--The amendments made by this section
shall take effect on the date that is 180 days after the date
of the enactment of this Act.
(3) Preemption of state laws.--No State (as defined in
section 4(a)(3)) shall have in effect a State law that imposes
a criminal or civil penalty for a transaction described in
section 1128A(b)(4); 1128B(b)(3)(J); or 1877(e)(9) of the
Social Security Act, as added by this section, if the
conditions described in the respective section, with respect to
such transaction, are met.
(e) Study and Report to Assess Effect of Safe Harbors on Health
System.--
(1) In general.--The Secretary of Health and Human Services
shall conduct a study to determine the impact of each of the
safe harbors described in paragraph (4). In particular, the
study shall examine the following:
(A) The effectiveness of each safe harbor in
increasing the adoption of health information
technology.
(B) The types of health information technology
provided under each safe harbor.
(C) The extent to which the financial or other
business relationships between providers under each
safe harbor have changed as a result of the safe harbor
in a way that adversely affects the health care system
or choices available to consumers.
(2) Report.--Not later than three years after the effective
date described in subsection (d)(2), the Secretary of Health
and Human Services shall submit to Congress a report on the
study under paragraph (1) and shall include such
recommendations for changes in the safe harbors as the
Secretary determines may be appropriate.
(3) Updated criteria for permissible health information
technology remuneration under safe harbors.--Not later than
three years after the effective date described in subsection
(d)(2), the Secretary of Health and Human Services may issue
regulations that establish updated criteria for nonmonetary
remuneration (in the form of health information technology and
related training services) for purposes of the safe harbors
described in paragraph (4). Such criteria may be based on the
extent to which the health information technology conforms to a
standard developed under section 271(c)(3)(B)(i) of the Public
Health Service Act, as added by section 2, only to the extent
that such standard is recognized by the National Coordinator of
Health Information Technology under such section
271(c)(3)(B)(i).
(4) Safe harbors described.--For purposes of paragraphs (1)
and (3), the safe harbors described in this paragraph are--
(A) the safe harbor under section 1128A(b)(4) of
the Social Security Act (42 U.S.C. 1320a-7a(b)(4)), as
added by subsection (a);
(B) the safe harbor under section 1128B(b)(3)(J) of
such Act (42 U.S.C. 1320a-7b(b)(3)(J)), as added by
subsection (b); and
(C) the safe harbor under section 1877(e)(9) of
such Act (42 U.S.C. 1395nn(e)(9)), as added by
subsection (c).
SEC. 4. UNIFORM HEALTH INFORMATION LAWS AND REGULATIONS.
(a) Study to Determine Extent of Variation in State Health
Information Laws and Regulations.--
(1) In general.--The Secretary of Health and Human Services
shall conduct a study of State security and confidentiality
laws and current Federal security and confidentiality standards
to determine--
(A) the degree to which such State laws vary among
States, and between the States and such current Federal
standards;
(B) how any such variation may adversely impact the
security and confidentiality of individually
identifiable health information and the electronic
exchange of clinical health information among States,
the Federal government, and private entities; and
(C) the strengths and weaknesses of such State laws
and of such current Federal standards for purposes of
protecting the security and confidentiality of
individually identifiable health information while also
taking into account the need for timely and efficient
exchanges of health information to improve quality of
care and ensure the availability of health information
necessary to make medical decisions at the the location
in which the medical care involved is provided.
(2) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall submit to Congress a report on the study under
paragraph (1) and shall include in such report--
(A) a determination by the Secretary whether State
security and confidentiality laws and current Federal
security and confidentiality standards should be
conformed to create a single set of national standards
to preserve and protect the security and
confidentiality of patient health information in order
to improve health care quality and efficiency; and
(B) if the Secretary determines such State laws and
such current Federal standards should be conformed to
create such a single set of national standards, what
the single set of standards should be.
(3) Definitions.--For purposes of this subsection:
(A) State security and confidentiality laws.--The
term ``State security and confidentiality laws'' means
State laws and regulations relating to the privacy and
confidentiality of individually identifiable health
information or to the security of such information.
(B) Current federal security and confidentiality
standards.--The term ``current Federal security and
confidentiality standards'' means the Federal privacy
standards established pursuant to section 264(c) of the
Health Insurance Portability and Accountability Act of
1996 (42 U.S.C. 1320d-2 note) and security standards
established under section 1173(d) of the Social
Security Act.
(C) State.--The term ``State'' has the meaning
given such term when used in title XI of the Social
Security Act, as provided under section 1101(a) of such
Act (42 U.S.C. 1301(a)).
(b) Establishment of Uniform Confidentiality and Security
Standards.--
(1) In general.--Section 1178(a) of the Social Security Act
(42 U.S.C. 1320d-7(a)), is amended--
(A) in paragraph (1), by inserting after ``Except
as provided in paragraph (2)'' the following: ``and
subject to paragraph (3)'';
(B) in paragraph (2), by striking ``A provision''
and inserting ``Subject to paragraph (3)(B), a
provision''; and
(C) by adding at the end the following new
paragraph:
``(3) Uniform national standards.--
``(A) In general.--
``(i) Creating uniform national
standards.--If the conditions under clause (ii)
are met, then the regulation and standards
described in subparagraph (C) shall become the
single set of national standards to preserve
and protect the security and confidentiality of
individually identifiable patient health
information in order to improve health care
quality and efficiency and supersede the
current Federal security and confidentiality
standards and State security and
confidentiality laws, as defined in section
4(a)(3) of the Health Information Technology
Promotion Act of 2005.
``(ii) Conditions.--For purposes of clause
(i), the conditions under this clause are the
following:
``(I) Determination of need for
single set of standards.--The Secretary
determines under section 4(a)(2)(A) of
the Health Information Technology
Promotion Act of 2005 that State
security and confidentiality laws and
current Federal security and
confidentiality standards should be
conformed to create a single set of
national standards to preserve and
protect the security and
confidentiality of individually
identifiable patient health information
in order to improve health care quality
and efficiency.
``(II) Secretary specifies
standards.--The Secretary specifies
that the regulation and standards
described in subparagraph (C) should be
the single set of national standards.
``(III) No legislation establishing
standards.--Legislation creating a
single set of national standards and
preempting State security and
confidentiality laws is not enacted by
the date that is 36 months after the
date of the enactment of the Health
Information Technology Promotion Act of
2005.
``(B) Narrowing of preemption exceptions.--
``(i) Subsequent legislation.--If
legislation described in subparagraph (A) is
enacted by the date described in such
subparagraph, as of the date of enactment of
such legislation paragraph (2) shall be
superseded by such exceptions as may be
provided for in such legislation. It is the
intent of Congress that such exceptions be as
narrow as possible to maximize the uniform
application of the regulation and standards
described in subparagraph (C).
``(ii) No legislation.--If legislation
described in subparagraph (A) is not enacted by
the date described in such subparagraph,
paragraph (2) shall be superseded by such
exceptions as may be provided for by the
Secretary by regulation issued in connection
with the regulation and standards described in
subparagraph (C). It is the intent of Congress
that such exceptions be as narrow as possible
to maximize the uniform application of the
regulation and standards described in
subparagraph (C).
``(C) Application of uniform standards.--The
regulation and standards described in this subparagraph
are the regulation promulgated under section 264(c)(1)
of the Health Insurance Portability and Accountability
Act of 1996 (42 U.S.C. 1320d-2 note) and standards
under section 1173(d), as modified by the Secretary to
the extent the Secretary determines, after
consideration of the results of the study conducted
under section 4(a) of the Health Information Technology
Promotion Act of 2005, necessary to promote uniformity
and efficiency in the application of confidentiality
and security standards with respect to individually
identifiable health information.''.
(2) HIPAA conforming amendment.--Section 264(c)(2) of the
Health Insurance Portability and Accountability Act of 1996 (42
U.S.C. 1320d-2 note) is amended by striking ``A regulation''
and inserting ``(A) Subject to section 1178(a)(3) of the Social
Security Act, a regulation''.
SEC. 5. RULEMAKING TO UPGRADE ASC X12 AND NCPDP STANDARDS AND ICD
CODES.
(a) In General.--Not later than April 1, 2007, the Secretary of
Health and Human Services shall promulgate a final rule under section
1174(b) of the Social Security Act (42 U.S.C. 1320d-3(b)) to provide
for the following modification of standards:
(1) Accredited standards committee x12 (asc x12)
standard.--The replacement of the Accredited Standards
Committee X12 (ASC X12) version 4010 adopted under section
1173(a) of such Act (42 U.S.C. 1320d-2(a)), including for
purposes of part A of title XVIII of such Act, with the ASC X12
version 5010, as reviewed by the National Committee on Vital
Health Statistics.
(2) National council for prescription drug programs (ncpdp)
telecommunications standards.--The replacement of the National
Council for Prescription Drug Programs (NCPDP)
Telecommunications Standards version 5.1 adopted under section
1173(a) of such Act (42 U.S.C. 1320d-2(a)), including for
purposes of part A of title XVIII of such Act, with NCPDP
Telecommunications Standards version C.3, as approved by such
Council and reviewed by the National Committee on Vital Health
Statistics.
(3) ICD codes.--The replacement of the International
Statistical Classification of Diseases and Related Health
Problems, 9th revision, Clinical Modification (ICD-9-CM) under
the regulation promulgated under section 1173(c) of such Act
(42 U.S.C. 1320d-2(c)), including for purposes of part A of
title XVIII of such Act, with both of the following:
(A) The International Statistical Classification of
Diseases and Related Health Problems, 10th revision,
Clinical Modification (ICD-10-CM).
(B) The International Statistical Classification of
Diseases and Related Health Problems, 10th revision,
Procedure Coding System (ICD-10-PCS).
(b) Rule of Construction.--Nothing in subsection (a)(3) shall be
construed as affecting the application of classification methodologies
or codes, such as CPT or HCPCS codes, other than under the
International Statistical Classification of Diseases and Related Health
Problems (ICD).
(c) Notice.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Health and Human Services shall publish
in the Federal Register a notice of the requirements to promulgate
final rules under subsection (a). Such notice shall include--
(1) the respective date by which each such rule must be
promulgated under such subsection;
(2) the respective compliance date described in subsection
(e) for each such rule; and
(3) a statement that entities covered under the Health
Insurance Portability and Accountability Act of 1996 and health
information technology vendors should plan for the
implementation of upgraded ASC X12, NCPDP, and ICD codes under
such subsection.
(d) No Judicial Review.--The final rules promulgated under
subsections (a) shall not be subject to judicial review.
(e) Compliance With Upgraded Standards.--For purposes of section
1175(b)(2) of the Social Security Act (42 U.S.C. 1320d-4(b)(2))--
(1) ASC x12 and ncpdp standards.--The final rules
promulgated under paragraphs (1) and (2) of subsection (a)
shall apply to transactions occurring on or after April 1,
2009.
(2) ICD codes.--The final rule promulgated under paragraph
(3) of subsection (a) shall apply to transactions occurring on
or after October 1, 2009.
SEC. 6. REPORT ON THE AMERICAN HEALTH INFORMATION COMMUNITY.
Not later than two years after the date of the enactment of this
Act, the Secretary of Health and Human Services shall submit to
Congress a report on the work conducted by the American Health
Information Community (in this section referred to as ``AHIC''), as
established by the Secretary. Such report shall include the following:
(1) A description of the accomplishments of AHIC, with
respect to the promotion of the development of a nationwide
health information network and the increased adoption of health
information technology.
(2) Information identifying the practices that are used to
protect health information and to guarantee confidentiality and
security of such information.
(3) Information on the progress in--
(A) establishing uniform industry-wide health
information technology standards;
(B) achieving an internet-based nationwide health
information network; and
(C) achieving interoperable electronic health
record adoption across health care providers.
(4) Recommendations for the transition of the AHIC to a
permanent advisory entity, including--
(A) a schedule for such transition;
(B) options for structuring the entity as either a
public-private or private sector entity;
(C) the role of the Federal Government in the
entity; and
(D) the ongoing responsibilities of the entity,
such as in establishing standards, certifying health
information technology, and providing long-term
governance for health care transformation.
SEC. 7. STRATEGIC PLAN FOR COORDINATING IMPLEMENTATION OF HEALTH
INFORMATION TECHNOLOGY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services, in
consultation with entities involved in the area of health information
technology, shall develop a strategic plan related to the need for
coordination in such area.
(b) Coordination of Specific Implementation Processes.--The
strategic plan under subsection (a) shall address the need for
coordination in the implementation of the following:
(1) Health information technology standards.--Health
information technology standards approved under section
271(c)(3)(B)(i) of the Public Health Service Act, as added by
section 2.
(2) HIPAA transaction standards.--Transaction standards
under section 1173(a) of the Social Security Act (42 U.S.C.
1320d-2(d)).
(3) Updated icd codes.--The International Statistical
Classification of Diseases and Related Health Problems, 10th
revision, Clinical Modification (ICD-10-CM) and the
International Statistical Classification of Diseases and
Related Health Problems, 10th revision, Procedure Coding System
(ICD-10-PCS) described in section 5.
(c) Coordination Among Specific Federal Entities.--The strategic
plan under subsection (a) shall address any methods to coordinate, with
respect to the electronic exchange of health information, actions taken
by the following entities:
(1) The Office of the National Coordinator for Health
Information Technology.
(2) The American Health Information Community.
(3) The Office of Electronic Standards and Security of the
Centers for Medicare and Medicaid Services.
(4) The National Committee on Vital Health Statistics.
(5) Any other entity involved in the electronic exchange of
health information that the Secretary determines appropriate.
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