42 U.S.C. § 17901 — Coordination of Federal activities with

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) Application of definitions The definitions contained in section 300jj of this title, as added by section 13101,1 shall apply for purposes of this subchapter. (Pub. L. 111–5, div. A, title XIII, § 13111, Feb. 17, 2009, 123 Stat. 242.) Editorial Notes REFERENCES IN TEXT Section 13101, referred to in text, means section 13101 of div. A of Pub. L. 111–5. § 17902. Application to private entities Each agency (as defined in such Executive Order issued on August 22, 2006, relating to pro- moting quality and efficient health care in Fed- eral 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, ac- quires, or upgrades health information tech- nology systems, it shall utilize, where available, health information technology systems and products that meet standards and implementa- tion specifications adopted under section 300jj–14 of this title, as added by section 13101.1 (Pub. L. 111–5, div. A, title XIII, § 13112, Feb. 17, 2009, 123 Stat. 243.) Editorial Notes REFERENCES IN TEXT Executive Order issued on August 22, 2006, referred to in text, is Ex. Ord. No. 13410, Aug. 22, 2006, 71 F.R. 51089, which is set out as a note under section 300u of this title. Section 13101, referred to in text, means section 13101 of div. A of Pub. L. 111–5. § 17903. Study and reports (a) Report on adoption of nationwide system Not later than 2 years after February 17, 2009, and annually thereafter, the Secretary of Health and Human Services shall submit to the appro- priate committees of jurisdiction of the House of Representatives and the Senate a report that— (1) describes the specific actions that have been taken by the Federal Government and private entities to facilitate the adoption of a nationwide system for the electronic use and exchange of health information; (2) describes barriers to the adoption of such a nationwide system; and (3) contains recommendations to achieve full implementation of such a nationwide system. (b) Reimbursement incentive study and report (1) Study The Secretary of Health and Human Serv- ices shall carry out, or contract with a private entity to carry out, a study that examines methods to create efficient reimbursement in- centives for improving health care quality in Federally qualified health centers, rural health clinics, and free clinics. (2) Report Not later than 2 years after February 17, 2009, the Secretary of Health and Human Serv- ices shall submit to the appropriate commit- tees of jurisdiction of the House of Represent- atives and the Senate a report on the study carried out under paragraph (1). (c) Aging services technology study and report (1) In general The Secretary of Health and Human Serv- ices shall carry out, or contract with a private entity to carry out, a study of matters relat- ing to the potential use of new aging services technology to assist seniors, individuals with disabilities, and their caregivers throughout the aging process. (2) Matters to be studied The study under paragraph (1) shall in- clude— (A) an evaluation of— (i) methods for identifying current, emerging, and future health technology