42 U.S.C. § 17912 — Research and development programs

Page 9067 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17912 1 See References in Text note below. that can be used to meet the needs of sen- iors and individuals with disabilities and their caregivers across all aging services settings, as specified by the Secretary; (ii) methods for fostering scientific inno- vation with respect to aging services tech- nology within the business and academic communities; and (iii) developments in aging services tech- nology in other countries that may be ap- plied in the United States; and (B) identification of— (i) barriers to innovation in aging serv- ices technology and devising strategies for removing such barriers; and (ii) barriers to the adoption of aging services technology by health care pro- viders and consumers and devising strate- gies to removing such barriers. (3) Report Not later than 24 months after February 17, 2009, the Secretary shall submit to the appro- priate committees of jurisdiction of the House of Representatives and of the Senate a report on the study carried out under paragraph (1). (4) Definitions For purposes of this subsection: (A) Aging services technology The term ‘‘aging services technology’’ means health technology that meets the health care needs of seniors, individuals with disabilities, and the caregivers of such seniors and individuals. (B) Senior The term ‘‘senior’’ has such meaning as specified by the Secretary. (Pub. L. 111–5, div. A, title XIII, § 13113, Feb. 17, 2009, 123 Stat. 243.) SUBCHAPTER II—TESTING OF HEALTH INFORMATION TECHNOLOGY § 17911. National Institute for Standards and Technology testing (a) Pilot testing of standards and implementa- tion specifications In coordination with the HIT Standards Com- mittee established under section 300jj–13 1 of this title, as added by section 13101,1 with respect to the development of standards and implementa- tion specifications under such section, the Di- rector of the National Institute for Standards and Technology shall test such standards and implementation specifications, as appropriate, in order to assure the efficient implementation and use of such standards and implementation specifications. (b) Voluntary testing program In coordination with the HIT Standards Com- mittee established under section 300jj–13 1 of this title, as added by section 13101,1 with respect to the development of standards and implementa- tion specifications under such section, the Di- rector of the National Institute of Standards and Technology shall support the establishment of a conformance testing infrastructure, includ- ing the development of technical test beds. The development of this conformance testing infra- structure may include a program to accredit independent, non-Federal laboratories to per- form testing. (Pub. L. 111–5, div. A, title XIII, § 13201, Feb. 17, 2009, 123 Stat. 244.) Editorial Notes REFERENCES IN TEXT Section 300jj–13 of this title, referred to in text, which related to the establishment of the HIT Standards Committee, was repealed by Pub. L. 114–255, div. A, title IV, § 4003(e)(1), Dec. 13, 2016, 130 Stat. 1168. Section 13101, referred to in text, means section 13101 of div. A of Pub. L. 111–5. § 17912. Research and development programs (a) Health Care Information Enterprise Integra- tion Research Centers (1) In general The Director of the National Institute of Standards and Technology, in consultation with the Director of the National Science Foundation and other appropriate Federal agencies, shall establish a program of assist- ance to institutions of higher education (or consortia thereof which may include nonprofit entities and Federal Government laboratories) to establish multidisciplinary Centers for Health Care Information Enterprise Integra- tion. (2) Review; competition Grants shall be awarded under this sub- section on a merit-reviewed, competitive basis. (3) Purpose The purposes of the Centers described in paragraph (1) shall be— (A) to generate innovative approaches to health care information enterprise integra- tion by conducting cutting-edge, multidisci- plinary research on the systems challenges to health care delivery; and (B) the development and use of health in- formation technologies and other com- plementary fields. (4) Research areas Research areas may include— (A) interfaces between human information and communications technology systems; (B) voice-recognition systems; (C) software that improves interoper- ability and connectivity among health infor- mation systems; (D) software dependability in systems crit- ical to health care delivery; (E) measurement of the impact of informa- tion technologies on the quality and produc- tivity of health care; (F) health information enterprise manage- ment; (G) health information technology secu- rity and integrity; and (H) relevant health information tech- nology to reduce medical errors. Page 9068 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17921 1 So in original. Probably should be followed by ‘‘the’’. 2 See References in Text note below. (5) Applications An institution of higher education (or a con- sortium thereof) seeking funding under this subsection shall submit an application to the Director of the National Institute of Stand- ards and Technology at such time, in such manner, and containing such information as the Director may require. The application shall include, at a minimum, a description of— (A) the research projects that will be un- dertaken by the Center established pursuant to assistance under paragraph (1) and the re- spective contributions of the participating entities; (B) how the Center will promote active collaboration among scientists and engi- neers from different disciplines, such as in- formation technology, biologic sciences, management, social sciences, and other ap- propriate disciplines; (C) technology transfer activities to dem- onstrate and diffuse the research results, technologies, and knowledge; and (D) how the Center will contribute to the education and training of researchers and other professionals in fields relevant to health information enterprise integration. (b) National information technology research and development program The Networking and Information Technology Research and Development Program established by section 5511 of title 15 shall include Federal research and development programs related to health information technology. (Pub. L. 111–5, div. A, title XIII, § 13202, Feb. 17, 2009, 123 Stat. 245; Pub. L. 114–329, title I, § 105(s), Jan. 6, 2017, 130 Stat. 2985.) Editorial Notes AMENDMENTS 2017—Subsec. (b). Pub. L. 114–329 substituted ‘‘Net- working and Information Technology Research and De- velopment Program’’ for ‘‘National High-Performance Computing Program’’. SUBCHAPTER III—PRIVACY § 17921. Definitions In this subchapter, except as specified other- wise: (1) Breach (A) In general The term ‘‘breach’’ means the unauthor- ized acquisition, access, use, or disclosure of protected health information which com- promises the security or privacy of such in- formation, except where an unauthorized person to whom such information is dis- closed would not reasonably have been able to retain such information. (B) Exceptions The term ‘‘breach’’ does not include— (i) any unintentional acquisition, access, or use of protected health information by an employee or individual acting under the authority of a covered entity or business associate if— (I) such acquisition, access, or use was made in good faith and within the course and scope of the employment or other professional relationship of such em- ployee or individual, respectively, with the covered entity or business associate; and (II) such information is not further ac- quired, accessed, used, or disclosed by any person; or (ii) any inadvertent disclosure from an individual who is otherwise authorized to access protected health information at a facility operated by a covered entity or business associate to another similarly sit- uated individual at 1 same facility; and (iii) any such information received as a result of such disclosure is not further ac- quired, accessed, used, or disclosed with- out authorization by any person. (2) Business associate The term ‘‘business associate’’ has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations. (3) Covered entity The term ‘‘covered entity’’ has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations. (4) Disclose The terms ‘‘disclose’’ and ‘‘disclosure’’ have the meaning given the term ‘‘disclosure’’ in section 160.103 of title 45, Code of Federal Reg- ulations. (5) Electronic health record The term ‘‘electronic health record’’ means an electronic record of health-related informa- tion on an individual that is created, gathered, managed, and consulted by authorized health care clinicians and staff. (6) Health care operations The term ‘‘health care operation’’ has the meaning given such term in section 164.501 of title 45, Code of Federal Regulations. (7) Health care provider The term ‘‘health care provider’’ has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations. (8) Health plan The term ‘‘health plan’’ has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations. (9) National Coordinator The term ‘‘National Coordinator’’ means the head of the Office of the National Coordinator for Health Information Technology estab- lished under section 300jj–11(a) of this title, as added by section 13101.2 (10) Payment The term ‘‘payment’’ has the meaning given such term in section 164.501 of title 45, Code of Federal Regulations. (11) Personal health record The term ‘‘personal health record’’ means an electronic record of PHR identifiable health