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Will B

Moderator
Jan 5, 2006
4,563
1,317
Atlanta, GA
That isn't Obama going back on a campaign promise - the House specifically voted to have the bill public for 48 hours before voting! :bang:

Pelosi needs a severe reality check (and maybe a smack upside the head).

UPDATE: The Democrats finally made the bill's language available around 11 p.m. Thursday, approximately 10 hours before members meet Friday to consider the bill and 38 hours short of the time promised Americans to review the bill.

I don't know who can read 1000 pages in that amount of time. Additionally, the copy that was posted had the search function restricted so the readers couldn't try to look for specifics. Sad...just sad.

You and I are in agreement on Pelosi. She and Reid are going to do the Dems more harm than good, IMHO.
 
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Smiling JOe

SoWal Expert
Nov 18, 2004
31,644
1,773
...

To make matters worse the bill is 1,071 pages long, and even Democrats are saying that there's no way to read what's in it before Pelosi tries to call for the vote. Repulicans were not even given access to it at first because they were told that they voted against it the first time so there was no reason to think that they wouldn't vote against it again. How can somebody vote for or against something in good faith if they have not even read it?
...

I know people on the Hill, and I can assure you that most members of Congress (both Houses), don't read most of the bills upon which they vote. They are given a summary of the bills, and what it "supposedly" means, and it is typically this summary upon which the members votes are based. Shocking, I know, but that's what they do. I'm still wondering who actually writes the bills and who writes the summaries. :dunno: Lord knows that the actual members of Congress aren't doing it. Are the staffers writing the bills? :dunno: Lobbyists? :dunno: I have no idea.
 

BeachSiO2

Beach Fanatic
Jun 16, 2006
3,294
737
I know people on the Hill, and I can assure you that most members of Congress (both Houses), don't read most of the bills upon which they vote. They are given a summary of the bills, and what it "supposedly" means, and it is typically this summary upon which the members votes are based. Shocking, I know, but that's what they do. I'm still wondering who actually writes the bills and who writes the summaries. :dunno: Lord knows that the actual members of Congress aren't doing it. Are the staffers writing the bills? :dunno: Lobbyists? :dunno: I have no idea.

The ones who write the appropriations bills and summary's are primarily the staffers for the appropriations committees of the House and Senate, not staffers that work for members. For the Senate, I believe there are at least 23 staffers who work for the appropriations committee. The way it breaks down is in most cases two staffers per appropriation bill but I know of one case where there is only one staffer working on one of the bills (there are 12 annual appropriation bills). Then there is administrative support (clerks) who assist the staffers. I am not sure on the House side.
 
This is what I don't get -- the new tax credit that will cost approximately $115 billion for a $400 per-worker, $800 per-couple tax credits in 2009 and 2010.

$400 a year? That's less than $8 a week. How can that possibly stimulate the economy? Even on The Today Show, Meredith was grilling a Democrat (I forgot his name) about how this would help.

Oh, well. Too late to biotch about it. It's done. As the front page of this week's Newsweek says, "WE ARE ALL SOCIALISTS NOW."

At least my friend's husband who is a Democrat from Louisiana voted against it. Thank you. :clap:
 
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Miss Kitty

Meow
Jun 10, 2005
47,011
1,131
71
Good gravy...

Yet another email to cross my box. Scootyb...don't stress out on me. All I know is that language makes me :blink: and I am married to an attorney that probably learned to write just like that in school to cover every possible issue. I continue to have faith that something in this bill will get some people back to work and help the economy. I don't know any other way to mentally get through all this mess.

Subject: The "ramming" of America

THIS IS A COMPLETE OUTRAGE!
I don't care who you voted for in the presidential election, this should make EVERY CITIZEN angry! Below is just one little part of the so called "American Recovery and Reinvestment Act of 2009 that is being RAMMED down out throats. I've included it so your can see how difficult it would be to read through the entire bill in a very short time period. Even if you falsely believe that this is more than just a special interest and "pork" bill, why would you let Congress get away with allowing the public and their own representative less than 24 hour to read through this before they take a vote on it. It is over a thousand pages long with many changes to it. Information in it (as show below) has to be referenced and read through carefully if the right decisions are to be made. (Any one care to explain to me how the section below has ANYTHING to do with Recover and Reinvestment???) This is the largest spending bill in our nations history and they want to have a vote on it today 3/13/09 (less than 24 hours) after releasing it to the public (which goes directly against a campaign promise of Obama who said that all legislation would be given at least a 5 day review for the public before any vote). WAKE UP PEOPLE - THIS IS A COMPLETE ASSAULT ON OUR AMERICAN SYSTEM! Call you law maker today and tell them to wait until they have at least read it first. Anyone in business will tell you, never sign anything until you've read through it, why should this be any different.


PS. And if it is true that they want to vote on this just because the weekend is here or because Nancy Pelosi wants this sign for the evening news because she has to catch a plane to Europe for a 8 day trip.... well that should surely tell you exactly what to expect for our country over the next two year (until we get to vote again).


“A government big enough to give you everything you want is a government big enough to take from you everything you have.” G. Ford
SEC. 3002. HIT POLICY COMMITTEE.

  • `(a) Establishment- There is established a HIT Policy Committee to make policy recommendations to the National Coordinator relating to the implementation of a nationwide health information technology infrastructure, including implementation of the strategic plan described in section 3001(c)(3).
  • `(b) Duties-
    • `(1 ) RECOMMENDATIONS ON HEALTH INFORMATION TECHNOLOGY INFRASTRUCTURE- The HIT Policy Committee shall recommend a policy framework for the development and adoption of a nationwide health information technology infrastructure that permits the electronic exchange and use of health information as is consistent with the strategic plan under section 3001(c)(3) and that includes the recommendations under paragraph (2). The Committee shall update such recommendations and make new recommendations as appropriate.
    • `(2) SPECIFIC AREAS OF STANDARD DEVELOPMENT-
      • `(A) IN GENERAL- The HIT Policy Committee shall recommend the areas in which standards, implementation specifications, and certification criteria are needed for the electronic exchange and use of health information for purposes of adoption under section 3004 and shall recommend an order of priority for the development, harmonization, and recognition of such standards, specifications, and certification criteria among the areas so recommended. Such standards and implementation specifications shall include named standards, architectures, and software schemes for the authentication and security of individually identifiable health information and other information as needed to ensure the reproducible development of common solutions across disparate entities.
      • `(B) AREAS REQUIRED FOR CONSIDERATION- For purposes of subparagraph (A), the HIT Policy Committee shall make recommendations for at least the following areas:
        • `(i) Technologies that protect the privacy of health information and promote security in a qualified electronic health record, including for the segmentation and protection from disclosure of specific and sensitive individually identifiable health information with the goal of minimizing the reluctance of patients to seek care (or disclose information about a condition) because of privacy concerns, in accordance with applicable law, and for the use and disclosure of limited data sets of such information.
        • `(ii) A nationwide health information technology infrastructure that allows for the electronic use and accurate exchange of health information.
        • `(iii) The utilization of a certified electronic health record for each person in the United States by 2014.
        • `(iv) Technologies that as a part of a qualified electronic health record allow for an accounting of disclosures made by a covered entity (as defined for purposes of regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996) for purposes of treatment, payment, and health care operations (as such terms are defined for purposes of such regulations).
        • `(v) The use of certified electronic health records to improve the quality of health care, such as by promoting the coordination of health care and improving continuity of health care among health care providers, by reducing medical errors, by improving population health, reducing chronic disease, and by advancing research and education.
        • `(vi) The use of electronic systems to ensure the comprehensive collection of patient demographic data, including, at a minimum, race, ethnicity, primary language, and gender information.
        • `(vii) Technologies and design features that address the needs of children and other vulnerable populations.
      • `(C) OTHER AREAS FOR CONSIDERATION- In making recommendations under subparagraph (A), the HIT Policy Committee may consider the following additional areas:
        • `(i) The appropriate uses of a nationwide health information infrastructure, including for purposes of--
          • `(I) the collection of quality data and public reporting;
          • `(II) biosurveillance and public health;
          • `(III) medical and clinical research; and
          • `(IV) drug safety.
        • `(ii) Self-service technologies that facilitate the use and exchange of patient information and reduce wait times.
        • `(iii) Telemedicine technologies, in order to reduce travel requirements for patients in remote areas.
        • `(iv) Technologies that facilitate home health care and the monitoring of patients recuperating at home.
        • `(v) Technologies that help reduce medical errors.
        • `(vi) Technologies that facilitate the continuity of care among health settings.
        • `(vii) Technologies that meet the needs of diverse populations.
        • `(viii) Methods to facilitate secure access by an individual to such individual's protected health information.
        • `(ix) Methods, guidelines, and safeguards to facilitate secure access to patient information by a family member, caregiver, or guardian acting on behalf of a patient due to age-related and other disability, cognitive impairment, or dementia that prevents a patient from accessing the patient's individually identifiable health information.
        • `(x) Any other technology that the HIT Policy Committee finds to be among the technologies with the greatest potential to improve the quality and efficiency of health care.
    • `(3) FORUM- The HIT Policy Committee shall serve as a forum for broad stakeholder input with specific expertise in policies relating to the matters described in paragraphs (1 ) and (2).
    • `(4) CONSISTENCY WITH EVALUATION CONDUCTED UNDER MIPPA-
      • `(A) REQUIREMENT FOR CONSISTENCY- The HIT Policy Committee shall ensure that recommendations made under paragraph (2)(B)(vi) are consistent with the evaluation conducted under section 1809(a) of the Social Security Act.
      • `(B) SCOPE- Nothing in subparagraph (A) shall be construed to limit the recommendations under paragraph (2)(B)(vi) to the elements described in section 1809(a)(3) of the Social Security Act.
      • `(C) TIMING- The requirement under subparagraph (A) shall be applicable to the extent that evaluations have been conducted under section 1809(a) of the Social Security Act, regardless of whether the report described in subsection (b) of such section has been submitted.
  • `(c) Membership and Operations-
    • `(1 ) IN GENERAL- The National Coordinator shall provide leadership in the establishment and operations of the HIT Policy Committee.
    • `(2) MEMBERSHIP- The HIT Policy Committee shall be composed of members to be appointed as follows:
      • `(A) One member shall be appointed by the Secretary.
      • `(B) One member shall be appointed by the Secretary of Veterans Affairs who shall represent the Department of Veterans Affairs.
      • `(C) One member shall be appointed by the Secretary of Defense who shall represent the Department of Defense.
      • `(D) One member shall be appointed by the Majority Leader of the Senate.
      • `(E) One member shall be appointed by the Minority Leader of the Senate.
      • `(F) One member shall be appointed by the Speaker of the House of Representatives.
      • `(G) One member shall be appointed by the Minority Leader of the House of Representatives.
      • `(H ) Eleven members shall be appointed by the Comptroller General of the United States, of whom--
        • `(i) three members shall represent patients or consumers;
        • `(ii) one member shall represent health care providers;

        • `(iii) one member shall be from a labor organization representing health care workers;

        • `(iv) one member shall have expertise in privacy and security;

        • `(v) one member shall have expertise in improving the health of vulnerable populations;

        • `(vi) one member shall represent health plans or other third party payers;

        • `(vii) one member shall represent information technology vendors;

        • `(viii) one member shall represent purchasers or employers; and

        • `(ix) one member shall have expertise in health care quality measurement and reporting.

    • `(3) CHAIRPERSON AND VICE CHAIRPERSON- The HIT Policy Committee shall designate one member to serve as the chairperson and one member to serve as the vice chairperson of the Policy Committee.

    • `(4) NATIONAL COORDINATOR- The National Coordinator shall serve as a member of the HIT Policy Committee and act as a liaison among the HIT Policy Committee, the HIT Standards Committee, and the Federal Government.

    • `(5) PARTICIPATION- The members of the HIT Policy Committee appointed under paragraph (2) shall represent a balance among various sectors of the health care system so that no single sector unduly influences the recommendations of the Policy Committee.

    • `(6) TERMS-

      • `(A) IN GENERAL- The terms of the members of the HIT Policy Committee shall be for 3 years, except that the Comptroller General shall designate staggered terms for the members first appointed.

      • `(B) VACANCIES- Any member appointed to fill a vacancy in the membership of the HIT Policy Committee that occurs prior to the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has been appointed. A vacancy in the HIT Policy Committee shall be filled in the manner in which the original appointment was made.

    • `(7) OUTSIDE INVOLVEMENT- The HIT Policy Committee shall ensure an adequate opportunity for the participation of outside advisors, including individuals with expertise in--

      • `(A) health information privacy and security;

      • `(B) improving the health of vulnerable populations;

      • `(C) health care quality and patient safety, including individuals with expertise in the measurement and use of health information technology to capture data to improve health care quality and patient safety;

      • `(D) long-term care and aging services;

      • `(E) medical and clinical research; and

      • `(F) data exchange and developing health information technology standards and new health information technology.

    • `(8) QUORUM- Ten members of the HIT Policy Committee shall constitute a quorum for purposes of voting, but a lesser number of members may meet and hold hearings.

    • `(9) FAILURE OF INITIAL APPOINTMENT- If, on the date that is 45 days after the date of enactment of this title, an official authorized under paragraph (2) to appoint one or more members of the HIT Policy Committee has not appointed the full number of members that such paragraph authorizes such official to appoint--

      • `(A) the number of members that such official is authorized to appoint shall be reduced to the number that such official has appointed as of that date; and

      • `(B) the number prescribed in paragraph (8) as the quorum shall be reduced to the smallest whole number that is greater than one-half of the total number of members who have been appointed as of that date.

    • `(10) CONSIDERATION- The National Coordinator shall ensure that the relevant recommendations and comments from the National Committee on Vital and Health Statistics are considered in the development of policies.

  • `(d) Application of Faca- The Federal Advisory Committee Act (5 U.S.C. App.), other than section 14 of such Act, shall apply to the HIT Policy Committee.

  • `(e) Publication- The Secretary shall provide for publication in the Federal Register and the posting on the Internet website of the Office of the National Coordinator for Health Information Technology of all policy recommendations made by the HIT Policy Committee under this section.

`




`




 
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Miss Kitty

Meow
Jun 10, 2005
47,011
1,131
71
some more light reading

Subject:


`SEC. 3003. HIT STANDARDS COMMITTEE.



  • `(a) Establishment- There is established a committee to be known as the HIT Standards Committee to recommend to the National Coordinator standards, implementation specifications, and certification criteria for the electronic exchange and use of health information for purposes of adoption under section 3004, consistent with the implementation of the strategic plan described in section 3001(c)(3) and beginning with the areas listed in section 3002(b)(2)(B) in accordance with policies developed by the HIT Policy Committee.

  • `(b) Duties-

    • `(1 ) STANDARD DEVELOPMENT-

      • `(A) IN GENERAL- The HIT Standards Committee shall recommend to the National Coordinator standards, implementation specifications, and certification criteria described in subsection (a) that have been developed, harmonized, or recognized by the HIT Standards Committee. The HIT Standards Committee shall update such recommendations and make new recommendations as appropriate, including in response to a notification sent under section 3004(b)(2). Such recommendations shall be consistent with the latest recommendations made by the HIT Policy Committee.

      • `(B) PILOT TESTING OF STANDARDS AND IMPLEMENTATION SPECIFICATIONS- In the development, harmonization, or recognition of standards and implementation specifications, the HIT Standards Committee shall, as appropriate, provide for the testing of such standards and specifications by the National Institute for Standards and Technology under section 14201 of the Health Information Technology for Economic and Clinical Health Act.

      • `(C) CONSISTENCY- The standards, implementation specifications, and certification criteria recommended under this subsection shall be consistent with the standards for information transactions and data elements adopted pursuant to section 1173 of the Social Security Act.

    • `(2) FORUM- The HIT Standards Committee shall serve as a forum for the participation of a broad range of stakeholders to provide input on the development, harmonization, and recognition of standards, implementation specifications, and certification criteria necessary for the development and adoption of a nationwide health information technology infrastructure that allows for the electronic use and exchange of health information.

    • `(3) SCHEDULE- Not later than 90 days after the date of the enactment of this title, the HIT Standards Committee shall develop a schedule for the assessment of policy recommendations developed by the HIT Policy Committee under section 3002. The HIT Standards Committee shall update such schedule annually. The Secretary shall publish such schedule in the Federal Register.

    • `(4) PUBLIC INPUT- The HIT Standards Committee shall conduct open public meetings and develop a process to allow for public comment on the schedule described in paragraph (3) and recommendations described in this subsection. Under such process comments shall be submitted in a timely manner after the date of publication of a recommendation under this subsection.

    • `(5) CONSIDERATION- The National Coordinator shall ensure that the relevant recommendations and comments from the National Committee on Vital and Health Statistics are considered in the development of standards.

  • `(c) Membership and Operations-

    • `(1 ) IN GENERAL- The National Coordinator shall provide leadership in the establishment and operations of the HIT Standards Committee.

    • `(2) MEMBERSHIP- The membership of the HIT Standards Committee shall at least reflect providers, ancillary healthcare workers, consumers, purchasers, health plans, technology vendors, researchers, relevant Federal agencies, and individuals with technical expertise on health care quality, privacy and security, and on the electronic exchange and use of health information.

    • `(3) BROAD PARTICIPATION- There is broad participation in the HIT Standards Committee by a variety of public and private stakeholders, either through membership in the Committee or through another means.

    • `(4) CHAIRPERSON; VICE CHAIRPERSON- The HIT Standards Committee may designate one member to serve as the chairperson and one member to serve as the vice chairperson.

    • `(5) DEPARTMENT MEMBERSHIP- The Secretary shall be a member of the HIT Standards Committee. The National Coordinator shall act as a liaison among the HIT Standards Committee, the HIT Policy Committee, and the Federal Government.

    • `(6) BALANCE AMONG SECTORS- In developing the procedures for conducting the activities of the HIT Standards Committee, the HIT Standards Committee shall act to ensure a balance among various sectors of the health care system so that no single sector unduly influences the actions of the HIT Standards Committee.

    • `(7) ASSISTANCE- For the purposes of carrying out this section, the Secretary may provide or ensure that financial assistance is provided by the HIT Standards Committee to defray in whole or in part any membership fees or dues charged by such Committee to those consumer advocacy groups and not for profit entities that work in the public interest as a part of their mission.

  • `(d) Open and Public Process- In providing for the establishment of the HIT Standards Committee pursuant to subsection (a), the Secretary shall ensure the following:

    • `(1 ) CONSENSUS APPROACH; OPEN PROCESS- The HIT Standards Committee shall use a consensus approach and a fair and open process to support the development, harmonization, and recognition of standards described in subsection (a)(1 ).

    • `(2) PARTICIPATION OF OUTSIDE ADVISERS- The HIT Standards Committee shall ensure an adequate opportunity for the participation of outside advisors, including individuals with expertise in--

      • `(A) health information privacy;

      • `(B) health information security;

      • `(C) health care quality and patient safety, including individuals with expertise in utilizing health information technology to improve healthcare quality and patient safety;

      • `(D) long-term care and aging services; and

      • `(E) data exchange and developing health information technology standards and new health information technology.

    • `(3) OPEN MEETINGS- Plenary and other regularly scheduled formal meetings of the HIT Standards Committee (or established subgroups thereof) shall be open to the public.

    • `(4) PUBLICATION OF MEETING NOTICES AND MATERIALS PRIOR TO MEETINGS- The HIT Standards Committee shall develop and maintain an Internet website on which it publishes, prior to each meeting, a meeting notice, a meeting agenda, and meeting materials.

    • `(5) OPPORTUNITY FOR PUBLIC COMMENT- The HIT Standards Committee shall develop a process that allows for public comment during the process by which the Entity develops, harmonizes, or recognizes standards and implementation specifications.

  • `(e) Voluntary Consensus Standard Body- The provisions of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) and the Office of Management and Budget circular 119 shall apply to the HIT Standards Committee.

  • `(f) Publication- The Secretary shall provide for publication in the Federal Register and the posting on the Internet website of the Office of the National Coordinator for Health Information Technology of all recommendations made by the HIT Standards Committee under this section.

`SEC. 3004. PROCESS FOR ADOPTION OF ENDORSED RECOMMENDATIONS; ADOPTION OF INITIAL SET OF STANDARDS, IMPLEMENTATION SPECIFICATIONS, AND CERTIFICATION CRITERIA.



  • `(a) Process for Adoption of Endorsed Recommendations-

    • `(1 ) REVIEW OF ENDORSED STANDARDS, IMPLEMENTATION SPECIFICATIONS, AND CERTIFICATION CRITERIA- Not later than 90 days after the date of receipt of standards, implementation specifications, or certification criteria endorsed under section 3001(c), the Secretary, in consultation with representatives of other relevant Federal agencies, shall jointly review such standards, implementation specifications, or certification criteria and shall determine whether or not to propose adoption of such standards, implementation specifications, or certification criteria.

    • `(2) DETERMINATION TO ADOPT STANDARDS, IMPLEMENTATION SPECIFICATIONS, AND CERTIFICATION CRITERIA- If the Secretary determines--

      • `(A) to propose adoption of any grouping of such standards, implementation specifications, or certification criteria, the Secretary shall, by regulation, determine whether or not to adopt such grouping of standards, implementation specifications, or certification criteria; or

      • `(B) not to propose adoption of any grouping of standards, implementation specifications, or certification criteria, the Secretary shall notify the National Coordinator and the HIT Standards Committee in writing of such determination and the reasons for not proposing the adoption of such recommendation.

    • `(3) PUBLICATION- The Secretary shall provide for publication in the Federal Register of all determinations made by the Secretary under paragraph (1 ).

  • `(b) Adoption of Standards, Implementation Specifications, and Certification Criteria-

    • `(1 ) IN GENERAL- Not later than December 31, 2009, the Secretary shall, through the rulemaking process described in section 3003, adopt an initial set of standards, implementation specifications, and certification criteria for the areas required for consideration under section 3002(b)(2)(B).

    • `(2) APPLICATION OF CURRENT STANDARDS, IMPLEMENTATION SPECIFICATIONS, AND CERTIFICATION CRITERIA- The standards, implementation specifications, and certification criteria adopted before the date of the enactment of this title through the process existing through the Office of the National Coordinator for Health Information Technology may be applied towards meeting the requirement of paragraph (1 ).

    • `(3) SUBSEQUENT STANDARDS ACTIVITY- The Secretary shall adopt additional standards, implementation specifications, and certification criteria as necessary and consistent with the schedule published under section 3003(b)(2).

`SEC. 3005. APPLICATION AND USE OF ADOPTED STANDARDS AND IMPLEMENTATION SPECIFICATIONS BY FEDERAL AGENCIES.



  • `For requirements relating to the application and use by Federal agencies of the standards and implementation specifications adopted under section 3004, see section 13111 of the Health Information Technology for Economic and Clinical Health Act.

`SEC. 3006. VOLUNTARY APPLICATION AND USE OF ADOPTED STANDARDS AND IMPLEMENTATION SPECIFICATIONS BY PRIVATE ENTITIES.



  • `(a) In General- Except as provided under section 13112 of the Health Information Technology for Economic and Clinical Health Act, any standard or implementation specification adopted under section 3004 shall be voluntary with respect to private entities.

  • `(b) Rule of Construction- Nothing in this subtitle 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 3004 with respect to activities not related to the contract.

`SEC. 3007. FEDERAL HEALTH INFORMATION TECHNOLOGY.



  • `(a) In General- The National Coordinator shall support the development and routine updating of qualified electronic health record technology (as defined in section 3000) consistent with subsections (b) and (c) and make available such qualified electronic health record technology unless the Secretary and the HIT Policy Committee determine through an assessment that the needs and demands of providers are being substantially and adequately met through the marketplace.

  • `(b) Certification- In making such EHR technology publicly available, the National Coordinator shall ensure that the qualified EHR technology described in subsection (a) is certified under the program developed under section 3001(c)(3) to be in compliance with applicable standards adopted under section 3003(a).

  • `(c) Authorization To Charge a Nominal Fee- The National Coordinator may impose a nominal fee for the adoption by a health care provider of the health information technology system developed or approved under subsection (a) and (b). Such fee shall take into account the financial circumstances of smaller providers, low income providers, and providers located in rural or other medically underserved areas.

  • `(d) Rule of Construction- Nothing in this section shall be construed to require that a private or government entity adopt or use the technology provided under this section.

SEC. 3008. TRANSITIONS.



  • `(a) ONCHIT- Nothing in section 3001 shall be construed as requiring the creation of a new entity to the extent that the Office of the National Coordinator for Health Information Technology established pursuant to Executive Order 13335 is consistent with the provisions of section 3001.

  • `(b) National EHealth Collaborative- Nothing in sections 3002 or 3003 or this subsection shall be construed as prohibiting the National eHealth Collaborative from modifying its charter, duties, membership, and any other structure or function required to be consistent with the requirements of a voluntary consensus standards body so as to allow the Secretary to recognize the National eHealth Collaborative as the HIT Standards Committee.

  • `(c) Consistency of Recommendations- In carrying out section 3003(b)(1 )(A), until recommendations are made by the HIT Policy Committee, recommendations of the HIT Standards Committee shall be consistent with the most recent recommendations made by such AHIC Successor, Inc.

`SEC. 3009. RELATION TO HIPAA PRIVACY AND SECURITY LAW.



  • `(a) In General- With respect to the relation of this title to HIPAA privacy and security law:

    • `(1 ) This title may not be construed as having any effect on the authorities of the Secretary under HIPAA privacy and security law.

    • `(2) The purposes of this title include ensuring that the health information technology standards and implementation specifications adopted under section 3004 take into account the requirements of HIPAA privacy and security law.

  • `(b) Definition- For purposes of this section, the term `HIPAA privacy and security law' means--

    • `(1 ) the provisions of part C of title XI of the Social Security Act, section 264 of the Health Insurance Portability and Accountability Act of 1996, and subtitle D of the Health Information Technology for Economic and Clinical Health Act; and

    • `(2) regulations under such provisions.'.

SEC. 13102. TECHNICAL AMENDMENT.



  • Section 1171(5) of the Social Security Act (42 U.S.C. 1320d) is amended by striking `or C' and inserting `C, or D'.

PART II--APPLICATION AND USE OF ADOPTED HEALTH INFORMATION TECHNOLOGY STANDARDS; REPORTS



SEC. 13111. COORDINATION OF FEDERAL ACTIVITIES WITH ADOPTED STANDARDS AND IMPLEMENTATION SPECIFICATIONS.



  • (a) Spending on Health Information Technology Systems- As each agency (as defined in the Executive Order issued on August 22, 2006, relating to promoting quality and efficient health care in Federal government administered or sponsored health care programs) implements, acquires, or upgrades health information technology systems used for the direct exchange of individually identifiable health information between agencies and with non-Federal entities, it shall utilize, where available, health information technology systems and products that meet standards and implementation specifications adopted under section 3004(b) of the Public Health Service Act, as added by section 13101.

  • (b) Federal Information Collection Activities- With respect to a standard or implementation specification adopted under section 3004(b) of the Public Health Service Act, as added by section 13101, the President shall take measures to ensure that Federal activities involving the broad collection and submission of health information are consistent with such standard or implementation specification, respectively, within three years after the date of such adoption.

  • (c) Application of Definitions- The definitions contained in section 3000 of the Public Health Service Act, as added by section 13101, shall apply for purposes of this part.

SEC. 13112. 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 3004(b) of the Public Health Service Act, as added by section 13101.

SEC. 13113. STUDY AND REPORTS.



  • (a) Report on Adoption of Nationwide System- Not later than 2 years after the date of the enactment of this Act and annually thereafter, the Secretary of Health and Human Services shall submit to the appropriate 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 Services shall carry out, or contract with a private entity to carry out, a study that examines methods to create efficient reimbursement incentives for improving health care quality in Federally qualified health centers, rural health clinics, and free clinics.

    • (2) REPORT- Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the appropriate committees of jurisdiction of the House of Representatives 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 Services shall carry out, or contract with a private entity to carry out, a study of matters relating 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 include--

      • (A) an evaluation of--

        • (i) methods for identifying current, emerging, and future health technology that can be used to meet the needs of seniors and individuals with disabilities and their caregivers across all aging services settings, as specified by the Secretary;

        • (ii) methods for fostering scientific innovation with respect to aging services technology within the business and academic communities; and

        • (iii) developments in aging services technology in other countries that may be applied in the United States; and

      • (B) identification of--

        • (i) barriers to innovation in aging services technology and devising strategies for removing such barriers; and

        • (ii) barriers to the adoption of aging services technology by health care providers and consumers and devising strategies to removing such barriers.

    • (3) REPORT- Not later than 24 months after the date of the enactment of this Act, the Secretary shall submit to the appropriate 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.
 

Miss Kitty

Meow
Jun 10, 2005
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Let me know if I haven't annoyed the tinkle out of y'all. I have another one to post. :D Humor will get us through, right?
 

Winnie

Beach Fanatic
Jul 22, 2008
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Santa Rosa Beach
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