Definitions
In this subchapter:
Certified EHR technology
Enterprise integration
Health care provider
Health information
Health information technology
Health plan
HIT Advisory Committee
Individually identifiable health information
Interoperability
The term “interoperability”, with respect to health information technology, means such health information technology that—
enables the secure exchange of electronic health information with, and use of electronic health information from, other health information technology without special effort on the part of the user;
allows for complete access, exchange, and use of all electronically accessible health information for authorized use under applicable State or Federal law; and
does not constitute information blocking as defined in section 300jj–52(a) of this title.
Laboratory
National Coordinator
Pharmacist
Qualified electronic health record
The term “qualified electronic health record” means an electronic record of health-related information on an individual that—
includes patient demographic and clinical health information, such as medical history and problem lists; and
has the capacity—
to provide clinical decision support;
to support physician order entry;
to capture and query information relevant to health care quality; and
to exchange electronic health information with, and integrate such information from other sources.
44 So in original. There is no par. (14). State
Source
(July 1, 1944, ch. 373, title XXX, § 3000, as added Pub. L. 111–5, div. A, title XIII, § 13101,Notes
References in Text
Amendments
Assisting Doctors and Hospitals in Improving Quality of Care for Patients
Reduction in Burdens Goal.—
The Secretary of Health and Human Services (referred to in this section as the ‘Secretary’), in consultation with providers of health services, health care suppliers of services, health care payers, health professional societies, health information technology developers, health care quality organizations, health care accreditation organizations, public health entities, States, and other appropriate entities, shall, in accordance with subsection (b)—
establish a goal with respect to the reduction of regulatory or administrative burdens (such as documentation requirements) relating to the use of electronic health records;
develop a strategy for meeting the goal established under paragraph (1); and
develop recommendations for meeting the goal established under paragraph (1).
Strategy and Recommendations.—
In general.—
To achieve the goal established under subsection (a)(1), the Secretary, in consultation with the entities described in such subsection, shall, not later than 1 year after the date of enactment of the 21st Century Cures Act [
Strategy.—
The strategy developed under paragraph (1) shall address the regulatory and administrative burdens (such as documentation requirements) relating to the use of electronic health records. Such strategy shall include broad public comment and shall prioritize—
incentives for meaningful use of certified EHR technology for eligible professionals and hospitals under sections 1848(a)(7) and 1886(b)(3)(B)(ix), respectively, of the Social Security Act (42 U.S.C. 1395w–4(a)(7), 1395ww(b)(3)(B)(ix));
the program for making payments under section 1903(a)(3)(F) of the Social Security Act (42 U.S.C. 1396b(a)(3)(F)) to encourage the adoption and use of certified EHR technology by Medicaid providers;
the Merit-based Incentive Payment System under section 1848(q) of the Social Security Act (42 U.S.C. 1395w–4(q));
alternative payment models (as defined in section 1833(z)(3)(C) of the Social Security Act (42 U.S.C. 1395l(z)(3)(C));
the Hospital Value-Based Purchasing Program under section 1886(o) of the Social Security Act (42 U.S.C. 1395ww(o)); and
other value-based payment programs, as the Secretary determines appropriate;
health information technology certification;
standards and implementation specifications, as appropriate;
activities that provide individuals access to their electronic health information;
activities related to protecting the privacy of electronic health information;
activities related to protecting the security of electronic health information;
activities related to facilitating health and clinical research;
activities related to public health;
activities related to aligning and simplifying quality measures across Federal programs and other payers;
activities related to reporting clinical data for administrative purposes; and
other areas, as the Secretary determines appropriate.
Recommendations.—
The recommendations developed under paragraph (1) shall address—
actions that improve the clinical documentation experience;
actions that improve patient care;
actions to be taken by the Secretary and by other entities; and
other areas, as the Secretary determines appropriate, to reduce the reporting burden required of health care providers.
FACA.—
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the development of the goal, strategies, or recommendations described in this section.
Application of Certain Regulatory Requirements.—
A physician (as defined in section 1861(r)(1) of the Social Security Act [42 U.S.C. 1395x(r)(1)]), to the extent consistent with applicable State law, may delegate electronic medical record documentation requirements specified in regulations promulgated by the Centers for Medicare & Medicaid Services to a person performing a scribe function who is not such physician if such physician has signed and verified the documentation.”