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42 U.S.C. § 17902 — Application to private entities

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 17902 — Application to private entities

Each agency (as defined in such Executive Order issued on August 22, 2006, relating to promoting quality and efficient health care in Federal government administered or sponsored health care programs) shall require in contracts or agreements with health care providers, health plans, or health insurance issuers that as each provider, plan, or issuer implements, acquires, or upgrades health information technology systems, it shall utilize, where available, health information technology systems and products that meet standards and implementation specifications adopted under [section 300jj–14 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300jj-14&num=0&edition=prelim), as added by section 13101.11 See References in Text note below.

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Source file: Laws/federal/codes/united-states-code/title-42/section-17902-application-to-private-entities--f2ba16598c.md
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Source location: Title 42, Chapter 156, § 17902; chapter-156-health-information-technology.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 300u — General authority of Secretary

**(a) Development, support, and implementation of programs, activities, etc.** The Secretary shall— (1) formulate national goals, and a strategy to achieve such goals, with respect to health information and health promotion, preventive health services, and education in the appropriate use of health care; (2) analyze the necessary and available resources for implementing the goals and strategy formulated pursuant to paragraph (1), and recommend appropriate educational and quality assurance policies for the needed manpower resources identified by such analysis; (3) undertake and support necessary activities and programs to— (A) incorporate appropriate health education components into our society, especially into all aspects of education and health care, (B) increase the application and use of health knowledge, skills, and practices by the general population in its patterns of daily living, and (C) establish systematic processes for the exploration, development, demonstration, and evaluation of innovative health promotion concepts; (4) undertake and support research and demonstrations respecting health information and health promotion, preventive health services, and education in the appropriate use of health care; (5) undertake and support appropriate training in, and undertake and support appropriate training in the operation of programs concerned with, health information and health promotion, preventive health services, and education in the appropriate use of health care; (6) undertake and support, through improved planning and implementation of tested models and evaluation of results, effective and efficient programs respecting health information and health promotion, preventive health services, and education in the appropriate use of health care; (7)

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 300jj–17 — Voluntary application and use of adopted standards and implementation specifications by private entities

**(a) In general** Except as provided under section 13112 of the HITECH Act [[42 U.S.C. 17902](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section17902&num=0&edition=prelim)], nothing in such Act or in the amendments made by such Act shall be construed— (1) to require a private entity to adopt or comply with a standard or implementation specification adopted under [section 300jj–14 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300jj-14&num=0&edition=prelim); or (2) to provide a Federal agency authority, other than the authority such agency may have under other provisions of law, to require a private entity to comply with such a standard or implementation specification. **(b) Rule of construction** Nothing in this part shall be construed to require that a private entity that enters into a contract with the Federal Government apply or use the standards and implementation specifications adopted under [section 300jj–14 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300jj-14&num=0&edition=prelim) with respect to activities not related to the contract.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 17902 — Application to private entities

Page 9066 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17901 1 See References in Text note below. 1 See References in Text note below. Sec. 17938. Business associate contracts required for cer- tain entities. 17939. Improved enforcement. 17940. Audits. 17941. Recognition of security practices. PART B—RELATIONSHIP TO OTHER LAWS; REGULATORY REFERENCES; EFFECTIVE DATE; REPORTS 17951. Relationship to other laws. 17952. Regulatory references. 17953. Studies, reports, guidance. SUBCHAPTER I—APPLICATION AND USE OF ADOPTED HEALTH INFORMATION TECH- NOLOGY STANDARDS; REPORTS § 17901. Coordination of Federal activities with adopted standards and implementation spec- ifications (a) Spending on health information technology systems As each agency (as defined by the Director of the Office of Management and Budget, in con- sultation with the Secretary of Health and Human Services) implements, acquires, or up- grades health information technology systems used for the direct exchange of individually identifiable health information between agen- cies and with non-Federal entities, it shall uti- lize, where available, health information tech- nology systems and products that meet stand- ards and implementation specifications adopted under section 300jj–14 of this title, as added by section 13101.1 (b) Federal information collection activities With respect to a standard or implementation specification adopted under section 300jj–14 of this title, as added by section 13101, the Presi- dent shall take measures to ensure that Federal activities involving the broad collection and submission of health information are consistent with such standard or implementation specifica- tion, respectively, within three years after the date of such adoption. (c) Applicatio

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