2015 Edition Health Information Technology (Health IT) Certification Criteria, 2015 Edition Base Electronic Health Record (EHR) Definition, and ONC Health IT Certification Program Modifications; Corrections and Clarifications, 76868-76872 [2015-31255]
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76868
Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Rules and Regulations
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I. Background
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[FR Doc. 2015–30920 Filed 12–10–15; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of the Secretary
45 CFR Part 170
RIN 0991–AB93
2015 Edition Health Information
Technology (Health IT) Certification
Criteria, 2015 Edition Base Electronic
Health Record (EHR) Definition, and
ONC Health IT Certification Program
Modifications; Corrections and
Clarifications
Office of the National
Coordinator for Health Information
Technology (ONC), Department of
Health and Human Services (HHS).
ACTION: Final rule; corrections and
clarifications.
AGENCY:
tkelley on DSK9F6TC42PROD with RULES
II. Summary of Errors
A. Preamble Errors
This document corrects errors
and clarifies provisions of the final rule
entitled ‘‘2015 Edition Health
Information Technology (Health IT)
Certification Criteria, 2015 Edition Base
Electronic Health Record (EHR)
Definition, and ONC Health IT
Certification Program Modifications.’’
DATES: This correction is effective
January 14, 2016. The final rule
appeared in the Federal Register on
October 16, 2015 (80 FR 62602), and is
effective on January 14, 2016, except for
§ 170.523(m) and (n), which are
effective on April 1, 2016.
FOR FURTHER INFORMATION CONTACT:
Michael Lipinski, Office of Policy,
National Coordinator for Health
Information Technology, 202–690–7151.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Following the publication of Federal
Register document 2015–25597 of
October 16, 2015 (80 FR 62602), final
rule entitled ‘‘2015 Edition Health
Information Technology (Health IT)
Certification Criteria, 2015 Edition Base
Electronic Health Record (EHR)
Definition, and ONC Health IT
Certification Program Modifications’’
(hereinafter referred to as the 2015
Edition final rule), we identified a
number of errors in the final rule. We
summarize and correct these errors in
the ‘‘Summary of Errors’’ and
‘‘Corrections of Errors’’ sections below.
We also clarify requirements of the
Common Clinical Data Set (CCDS), the
privacy and security certification
framework, and the mandatory
disclosures for health IT developers in
the ‘‘Clarifications’’ section below.
1. ‘‘Audit Report(s)’’ Certification
Criterion
We incorrectly identified the adopted
2015 Edition ‘‘audit report(s)’’
certification criterion throughout the
preamble as ‘‘unchanged’’ and eligible
for gap certification. More specifically,
we identified it incorrectly:
a. On page 62609, under Table 2
(‘‘2015 Edition Health IT Certification
Criteria’’), as an unchanged criterion
compared to the 2014 Edition and gap
certification eligible.
b. On page 62656, second column, in
the ‘‘Response’’ under ‘‘Audit
Report(s),’’ as adopted as proposed (i.e.,
‘‘unchanged’’).
c. On page 62681, under Table 6
(‘‘Gap Certification Eligibility for 2015
Edition Health IT Certification
Criteria’’), as eligible for gap
certification.
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We adopted the standard at
§ 170.210(e) as revised to include the
auditing of changes to user privileges in
paragraph (e)(1)(i). The adopted 2015
Edition ‘‘audit report(s)’’ certification
criterion references this standard.
Therefore, it is a ‘‘revised’’ certification
criterion as compared to the 2014
Edition ‘‘audit report(s)’’ certification
criterion and ineligible for gap
certification.
2. ‘‘Integrity’’ Certification Criterion
On page 62657, third column, third
paragraph, the last sentence incorrectly
references SHA–1. The commenters’
statements were specific to SHA–2.
3. ‘‘Accounting of Disclosures’’
Certification Criterion
On page 62658, first column, midpage, within the 2015 Edition
‘‘accounting of disclosures’’ certification
criterion table, we inadvertently
referenced the criterion as codified in 45
CFR 170.315(d)(10), when in fact it was
codified in 45 CFR 170.315(d)(11). We
note that the 2015 Edition ‘‘auditing
actions on health information’’
certification criterion was codified in 45
CFR 170.315(d)(10).
4. ‘‘Transmission to Public Health
Agencies—Antimicrobial Use and
Resistance Reporting’’ Certification
Criterion
On page 62668, third column, lines 2
and 3, there was a parenthetical error
stating that we adopted the
‘‘transmission to public health
agencies—antimicrobial use and
resistance reporting’’ certification
criterion as proposed (with both
Volumes 1 and 2 of the HAI IG). The
parenthetical is corrected to not
reference volumes of the HL 7
Implementation Guide for CDA®
Release 2—Level 3: Healthcare
Associated Infection Reports, Release 1
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(U.S. Realm), August 9, 2013 (HAI IG).
This adopted version of the HAI IG does
not contain multiple volumes. Further,
the adopted version of the
implementation guide was incorporated
by reference in § 170.299(f)(26).
5. Common Clinical Data Set—
Assessment and Plan of Treatment,
Goals, and Health Concerns
On page 62696, second column, lines
8–14, we did not clearly indicate that
only the narrative parts of the ‘‘Goals
Section’’ and ‘‘Health Concerns
Section’’ needed to be met in order to
meet the CCDS definition. We refer
readers to section III.A (‘‘Common
Clinical Data Set’’) below for further
clarification of these CCDS
requirements.
B. Regulation Text Errors
1. 2015 Edition Base EHR Definition
On page 62742, first column, line 16
(§ 170.102), we inadvertently made an
error in the 2015 Edition Base EHR
definition by citing to § 170.315(a)(15)
instead of § 170.315(a)(14). As discussed
on pages 62625, 62630, 62691 and
identified on page 62692 (Table 7), we
included the ‘‘implantable device list’’
certification criterion (§ 170.315(a)(14))
in the 2015 Edition Base EHR definition
as we proposed (80 FR 16806, 16825,
16870–16871). We did not propose to
include nor intend to include the
‘‘social, psychological, and behavioral
data’’ certification criterion
(§ 170.315(a)(15)) in the 2015 Edition
Base EHR definition.
2. Sexual Orientation Code
On page 62744, third column, line 24
(§ 170.207(o)(1)(ii)), the code (20730005)
attributed to ‘‘straight or heterosexual’’
was inaccurate. The correct code is
20430005 (emphasis added).
tkelley on DSK9F6TC42PROD with RULES
3. ‘‘Implantable Device List’’
Certification Criterion
On page 62748, third column, line 1
(§ 170.315(a)(14)), we inadvertently
omitted the word ‘‘and’’ at the end of
the line. On the same page and column,
line 42, we inadvertently added the
word ‘‘and’’ when the ‘‘and’’ should
have been at the end of line 47. On the
same page and column, line 59, we
inadvertently omitted the word ‘‘and’’ at
the end of the line.
4. ‘‘Data Export’’ Certification Criterion
On page 62750, third column, line 63,
we inaccurately cross-referenced
paragraphs (ii) through (v) of the ‘‘data
export’’ certification criterion
(§ 170.315(b)(6)), when the crossreference should have only been to
paragraphs (iii) and (iv). Paragraph (v)
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should not have been referenced
because there are only four paragraphs,
ending with paragraph (iv). Paragraph
(ii) should not have been crossreferenced because paragraph (ii) no
longer includes a configuration
capability that could be enabled. The
configuration capability included in
paragraph (ii) was intended to support
user selection among the multiple
document templates we proposed for
inclusion in paragraph (ii) of this
certification criterion. In the final rule,
however, we only included the
Continuity of Care Document (CCD)
document template in paragraph (ii).
Therefore, a configuration capability for
selecting among document templates is
no longer applicable and both the crossreference to paragraph (ii) and the
inclusion of configuration language in
paragraph (ii) on page 62751, first
column, lines 10–11, are incorrect. In
terms of the configuration language in
paragraph (ii), more specifically the
inclusion of ‘‘configuration’’ in the
paragraph title is an error as is the
inclusion of the capability to ‘‘configure
the technology’’ in the first sentence.
5. ‘‘Clinical Quality Measures—Filter’’
Certification Criterion
a. Patient Insurance Standard
On page 62751, third column, line 22,
we inadvertently included ‘‘at a
minimum’’ language for the required
patient insurance standard. The
standard (Source of Payment Typology
Code Set Version 5.0 (October 2011))
was adopted at § 170.207(s)(1), but we
did not adopt this standard as a
‘‘minimum standards’’ code set (see 80
FR 62612).
b. Patient Sex Standard
On page 62751, third column, lines
25–26, we inadvertently included ‘‘at a
minimum’’ language for the required
patient sex standard. The standard for
representing sex is the use of specific
HL7 Version 3 codes and was adopted
at § 170.207(n)(1). We did not adopt this
standard as a ‘‘minimum standards’’
code set (see 80 FR 62612).
6. ‘‘View, Download, and Transmit to
3rd Party’’ (VDT) Certification Criterion
On page 62753, first column, lines 37
and 55 (§ 170.315(e)(1)(ii)), we
inadvertently omitted references for a
patient’s authorized representative to
have access to the specified capabilities
related to the activity history log under
the VDT certification criterion. As
discussed on page 62658 and consistent
with references throughout the VDT
criterion, a patient’s authorized
representative access to these
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76869
capabilities is the same as the patient for
the purposes of testing and certification.
7. ‘‘Consolidated CDA Creation
Performance’’ Certification Criterion
On page 62754, second column, lines
42–46 (§ 170.315(g)(6)(ii)), we
inadvertently included a sentence
stating that the scope of this
certification criterion will not exceed
the evaluation of the CCD, Referral Note,
and Discharge Summary document
templates. This statement is
inconsistent with the preamble
guidance of the final rule on page
62674, which states that we have
required that Consolidated CDA (C–
CDA) creation performance be
demonstrated for the C–CDA Release 2.1
document templates required by the
2015 Edition certification criteria
presented for certification. Certification
to some criteria (e.g., the ‘‘transitions of
care’’ criterion) requires three C–CDA
document templates whereas other
criteria (e.g., the ‘‘care plan’’ criterion)
only requires one C–CDA document
template. To further illustrate, if a
Health IT Module only included the
‘‘view, download, and transmit to 3rd
party’’ certification criterion
(§ 170.315(e)(1)) within its certificate’s
scope, then only the Continuity of Care
Document (CCD) document template
would be applicable within the ‘‘C–CDA
creation performance’’ criterion.
Conversely, if a Health IT Module
designed for the inpatient setting
included the ‘‘transitions of care’’
certification criterion (§ 170.315(b)(1))
within its certificate’s scope, then all
three document templates referenced by
that criterion (CCD, Referral Note, and
Discharge Summary) would need to be
evaluated as part of the ‘‘C–CDA
creation performance’’ criterion, with
the Discharge Summary only applicable
to the inpatient setting.
8. ‘‘Direct Project’’ Certification
Criterion
On page 62755, first column, lines 53
through 55 (§ 170.315(h)(1)(ii)), we
inadvertently referenced the
‘‘Applicability Statement for Secure
Health Transport’’ in the title for
paragraph (ii) when it should have only
been ‘‘Delivery Notification in Direct.’’
9. ‘‘Direct Project, Edge Protocol, and
XDR/XDM’’ Certification Criterion
On page 62755, second column, lines
4 through 6 (§ 170.315(h)(2)(ii)), we
again inadvertently referenced the
‘‘Applicability Statement for Secure
Health Transport’’ in the title for
paragraph (ii) when it should have only
been ‘‘Delivery Notification in Direct.’’
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10. Principles of Proper Conduct for
ONC–ACBs—Certified Health IT
Mandatory Disclosures
a. 2015 Edition Certified Health IT
On page 62756, third column, lines
35–36 (§ 170.523(k)(1)(ii)(A)), we
inadvertently cross-referenced the
wrong data from § 170.523(f)(1). We did
not intend to cross-reference
§ 170.523(f)(1)(xvii) (certification to
standards used to meet a certification
criterion). The required data elements
for disclosure were intended to be
consistent across the editions. This data
is not a required data element for the
mandatory disclosures for health IT
certified to the 2014 Edition. We did,
however, intend to require the
disclosure of § 170.523(f)(1)(xv)
(certification to clinical quality
measures), which was inadvertently
omitted but consistent with the new and
previous 2014 Edition disclosure
requirements. We also refer readers to
section III.C (‘‘Mandatory Disclosures
for 2015 Edition Certified Health IT’’)
below for a clarification related to the
disclosure on information specified in
§ 170.523(f)(1)(viii).
b. 2014 Edition Certified Health IT
On page 62756, third column, lines
42–43 (§ 170.523(k)(1)(ii)(B)), we
inadvertently omitted cross-references
to paragraphs (f)(2)(iii) (product version)
and (vi) (any additional relied upon
software used to demonstrate
compliance with a certification criterion
or criteria) of § 170.523. The parallel
requirements were included in the
required disclosures for health IT
certified to the 2015 Edition and were
previously required to be disclosed as
part of certification to the 2014 Edition.
10. In-the-Field Surveillance and
Maintenance of Certification for Health
IT
tkelley on DSK9F6TC42PROD with RULES
a. Exclusion and Exhaustion
On page 62758, third column, lines 4
and 10 (§ 170.556(c)(5)), we twice
inadvertently cross-referenced
paragraph (c)(3) of § 170.556 instead of
paragraph (c)(4) of § 170.556. Paragraph
(c)(4) includes the requirements for
locations as they would apply to the
‘‘exclusion and exhaustion’’
requirements of paragraph (c)(5).
b. Termination
On page 62759, second column, lines
23–24 (§ 170.556(d)(6)), we
inadvertently included language
suggesting that termination was limited
to suspensions in the context of
randomized surveillance. Consistent
with the preamble discussion on pages
62716–62718, termination can follow
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any suspension if the health IT
developer has not completed the actions
necessary to reinstate the suspended
certification.
III. Clarifications
A. Common Clinical Data Set
In the final rule (§ 170.102), we define
the CCDS to mean data expressed,
where indicated, according to specified
standards. For four data specified in the
CCDS (Unique Device Identifier(s) for a
Patient’s Implantable Device(s);
Assessment and Plan of Treatment;
Goals; and Health Concerns), we
reference specific Consolidated Clinical
Document Architecture (C–CDA)
sections. Based on subsequent
examination of this regulatory text and
early interactions with stakeholders, we
have determined that additional
explanation of these references is
necessary in order to ensure health IT
developers accurately and consistently
interpret and implement health IT
functionality to our expressed
regulatory requirements. In this regard,
we seek to clarify two points.
First, we clarify that the references to
these four specific C–CDA section
templates is not meant to be strictly
interpreted to mean that a health IT
developer must use the C–CDA’s syntax
for each referenced section. Such a strict
interpretation would directly contradict
the flexibility we have intentionally
offered to health IT developers who seek
to certify to the ‘‘application access—
data category request’’ certification
criterion adopted at 45 CFR
170.315(g)(8), which references the
CCDS but does not bind health IT
presented for certification to solely use
the C–CDA to meet the criterion. To
avoid stakeholders inadvertently
following this overly strict
interpretation, we clarify that the
references to these C–CDA section
templates was meant (like all of the
other data listed in the CCDS) to
emphasize that these data need to be
consistently and independently
represented as discrete data that are
clearly distinguishable.
Second, we clarify for the Assessment
and Plan of Treatment, Goals, and
Health Concerns data that only the
narrative part of the referenced C–CDA
section templates is necessary and
required in order to satisfy the CCDS.
Further and in support of this
clarification, testing and certification
will focus on the presence of data
represented consistent with just the
narrative part of the referenced section
templates. Similar to our points above,
given that these section templates in the
C–CDA have two parts (a narrative part
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and coded requirements part for C–
CDA), we believe that it is necessary to
make this interpretation explicit so as to
prevent health IT developers from overinterpreting this definition’s data
requirements to include more data than
we had intended.
B. Privacy and Security Certification
Framework—Approach 2
Under § 170.550(h)(4)(ii), a Health IT
Module can meet applicable 2015
Edition privacy and security
certification criterion by demonstrating,
through system documentation that is
sufficiently detailed to enable
integration, that the Health IT Module
has implemented service interfaces for
each applicable privacy and security
certification criterion that enable the
Health IT Module to access external
services necessary to meet the privacy
and security certification criterion (also
known as ‘‘Approach 2’’). We clarify
three points about Approach 2. First, we
clarify that the term ‘‘access’’ includes,
as applicable, bi-directional interfaces
with external services. For example,
system documentation could detail how
integration establishes a bi-directional
interface that meets the requirements of
the 2015 Edition ‘‘audit report(s)’’
certification criterion. Second, external
services simply mean services outside
the scope of the Health IT Module being
presented for certification. External
services could be, but are not limited to,
those provided by another certified
Health IT Module, another software
program such as Microsoft Active
Directory, or a hospital enterprise-wide
infrastructure. Third, a Health IT
Module is not required to be paired with
the other services for the purposes of
certification (e.g., certified with another
certified Health IT Module that
performs the privacy and security
capability or specifying the external
services as ‘‘relied upon software’’).
C. Mandatory Disclosures for 2015
Edition Certified Health IT
We clarify that for compliance with
§ 170.523(k)(1)(ii)(A), the only
information that must be disclosed to
meet the data requirement specified in
§ 170.523(f)(1)(viii) is the certification
criterion or criteria to which the Health
IT Module has been certified. This is
consistent with the disclosure
requirements for certification to the
2014 Edition.
IV. Waiver of Proposed Rulemaking
We ordinarily publish a notice of
proposed rulemaking in the Federal
Register to provide a period for public
comment before the provisions of a rule
take effect in accordance with section
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553(b) of the Administrative Procedure
Act (APA) (5 U.S.C. 553(b)). However,
we can waive this notice and comment
procedure if the Secretary finds, for
good cause, that the notice and
comment process is impracticable,
unnecessary, or contrary to the public
interest, and incorporates a statement of
the finding and the reasons therefore in
the notice.
In our view, this correcting and
clarifying document does not constitute
a rulemaking that would be subject to
the APA notice and comment
requirements. This document corrects
errors and clarifies provisions of the
2015 Edition final rule published on
October 16, 2015. It does not make
substantive changes to the policies that
were adopted. As a result, this
correcting document is intended to
ensure that the final rule accurately
reflects the policies adopted in that final
rule.
In addition, even if this were a
rulemaking to which the notice and
comment requirements applied, we find
that there is good cause to waive such
requirements. Undertaking further
notice and comment procedures to
incorporate the corrections in this
document into the final rule would be
contrary to the public interest.
Furthermore, such procedures would be
unnecessary, as we are not altering the
policies that were already subject to
comment and finalized in our final rule.
Therefore, we believe we have good
cause to waive the notice and comment
requirements.
V. Corrections of Errors
tkelley on DSK9F6TC42PROD with RULES
A. Preamble Corrections
1. On page 62609, correct Table 2 as
follows:
a. Remove ‘‘Audit Report(s)’’ from the
‘‘Unchanged Criteria as Compared to the
2014 Edition (Gap Certification
Eligible)’’ category and insert it with an
in asterisk (i.e., Audit Report(s)*) in the
‘‘Revised Criteria as Compared to the
2014 Edition’’ category after ‘‘Auditable
Events and Tamper-Resistance.’’
b. Revise the ‘‘Unchanged Criteria as
Compared to the 2014 Edition (Gap
Certification Eligible) (16)’’ title to
‘‘Unchanged Criteria as Compared to the
2014 Edition (Gap Certification Eligible)
(15)’’.
c. Revise the ‘‘Revised Criteria as
Compared to the 2014 Edition (25)’’ title
to ‘‘Revised Criteria as Compared to the
2014 Edition (26)’’.
2. On page 62656, second column, in
the ‘‘Response’’ under ‘‘Audit
Report(s),’’ correct the first sentence to
read ‘‘We have adopted this certification
criterion as revised to support the audit
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reporting of changes in user privileges
consistent with the adopted 2015
Edition ‘‘auditable events and tamper
resistance’’ certification criterion.’’
3. On page 62657, third column, third
paragraph, correct the last sentence to
read ‘‘A few commenters requested that
we wait until 2017 or 2018 to increase
the standard to SHA–2.’’
4. On page 62658, first column, midpage, within the 2015 Edition
‘‘accounting of disclosures’’ certification
criterion table, the citation is corrected
to read ‘‘45 CFR 170.315(d)(11).’’
5. On page 62668, third column, lines
2 and 3, correct the parenthetical to read
‘‘(with the HAI IG).’’
6. On page 62681, Table 6, remove
‘‘(d)(3) Audit report(s)’’ from the ‘‘2015
Edition’’ column and ‘‘(d)(3) Audit
report(s)’’ from the ‘‘2014 Edition’’
column.
7. On page 62696, second column,
lines 8–14, correct the sentence to read
‘‘Thus, other C–CDA document
templates such as CCD, Referral Note,
and Discharge Summary would need to
be able to exchange the narrative
information from the ‘‘Goals Section’’
and ‘‘Health Concerns Section’’ in order
to meet the Common Clinical Data Set
definition.’’
B. Regulation Text Corrections
1. On page 62742, first column, in
§ 170.102, in the definition of ‘‘2015
Edition Base EHR’’, paragraph (3) is
corrected to read as follows:
■
§ 170.102
Definitions.
*
*
*
*
*
2015 Edition Base EHR * * *
(3) Has been certified to the
certification criteria adopted by the
Secretary in § 170.315(a)(1), (2), or (3);
(a)(5) through (9); (a)(11); (a)(14); (b)(1)
and (6); (c)(1); (g)(7) through (9); and
(h)(1) or (2);
*
*
*
*
*
■ 2. On page 62744, third column, in
§ 170.207, paragraph (o)(1)(ii) is
corrected to read as follows:
§ 170.207 Vocabulary standards for
representing electronic health information.
*
*
*
*
*
(o) * * *
(1) * * *
(ii) Straight or heterosexual.
20430005.
*
*
*
*
*
■ 3. On pages 62748 through 62755, in
§ 170.315, paragraphs (a)(14)(ii)(A),
(a)(14)(iv)(A) and (B), (a)(14)(v)(C),
(b)(6)(i)(A), (b)(6)(ii) introductory text,
(c)(4)(iii)(E) and (G), (e)(1)(ii)(A)
introductory text, (e)(1)(ii)(B), (g)(6)(ii),
(h)(1)(ii), and (h)(2)(ii) are corrected to
read as follows:
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§ 170.315 2015 Edition health IT
certification criteria.
*
*
*
*
*
(a) * * *
(14) * * *
(ii) * * *
(A) Device Identifier; and
*
*
*
*
*
(iv) * * *
(A) The active Unique Device
Identifiers recorded for the patient;
(B) For each active Unique Device
Identifier recorded for a patient, the
description of the implantable device
specified by paragraph (a)(14)(iii)(A) of
this section; and
*
*
*
*
*
(v) * * *
(C) The identifiers associated with the
Unique Device Identifier, as specified by
paragraph (a)(14)(ii) of this section; and
*
*
*
*
*
(b) * * *
(6) * * *
(i) * * *
(A) Enable a user to set the
configuration options specified in
paragraphs (b)(6)(iii) and (iv) of this
section when creating an export
summary as well as a set of export
summaries for patients whose
information is stored in the technology.
A user must be able to execute these
capabilities at any time the user chooses
and without subsequent developer
assistance to operate.
*
*
*
*
*
(ii) Creation. Enable a user to create
export summaries formatted in
accordance with the standard specified
in § 170.205(a)(4) using the Continuity
of Care Document document template
that includes, at a minimum:
*
*
*
*
*
(c) * * *
(4) * * *
(iii) * * *
(E) Patient insurance in accordance
with the standard specified in
§ 170.207(s)(1).
* * *
(G) Patient sex in accordance with the
version of the standard specified in
§ 170.207(n)(1).
*
*
*
*
*
(e) * * *
(1) * * *
(ii) * * *
(A) When any of the capabilities
included in paragraphs (e)(1)(i)(A)
through (C) of this section are used, the
following information must be recorded
and made accessible to the patient (or
his/her authorized representative):
*
*
*
*
*
(B) Technology presented for
certification may demonstrate
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compliance with paragraph (e)(1)(ii)(A)
of this section if it is also certified to the
certification criterion specified in
§ 170.315(d)(2) and the information
required to be recorded in paragraph
(e)(1)(ii)(A) of this section is accessible
by the patient (or his/her authorized
representative).
*
*
*
*
*
(g) * * *
(6) * * *
(ii) Document-template conformance.
Create a data file formatted in
accordance with the standard adopted
in § 170.205(a)(4) that demonstrates a
valid implementation of each document
template applicable to the certification
criterion or criteria within the scope of
the certificate sought.
*
*
*
*
*
(h) * * *
(1) * * *
(ii) Delivery Notification in Direct.
Able to send and receive health
information in accordance with the
standard specified in § 170.202(e)(1).
*
*
*
*
*
VerDate Sep<11>2014
11:03 Dec 10, 2015
Jkt 238001
(2) * * *
(ii) Delivery Notification in Direct.
Able to send and receive health
information in accordance with the
standard specified in § 170.202(e)(1).
■
§ 170.523
*
[Corrected]
4. In § 170.523—
a. On page 62756, third column, lines
35–36, paragraph (k)(1)(ii)(A), the
reference ‘‘paragraphs (f)(1)(i), (vi), (vii),
(viii), (xvi), and (xvii) of this section’’ is
corrected to read ‘‘paragraphs (f)(1)(i),
(vi), (vii), (viii), (xv), and (xvi) of this
section’’.
■ b. On page 62756, third column, lines
42–43, paragraph (k)(1)(ii)(B), the
reference ‘‘paragraphs (f)(2)(i), (ii), (iv)–
(v), and (vii) of this section’’ is corrected
to read ‘‘paragraphs (f)(2)(i) through (vii)
of this section’’.
■
■
5. In § 170.556—
■ a. On page 62758, third column, lines
4 and 10, paragraph (c)(5), correct the
reference ‘‘paragraph (c)(3)’’ each time it
appears to read ‘‘paragraph (c)(4)’’.
■
PO 00000
Frm 00018
Fmt 4700
Sfmt 9990
b. On page 62759, second column,
correct paragraph (d)(6) to read as
follows:
§ 170.556 In-the-field surveillance and
maintenance of certification for Health IT.
*
*
*
*
(d) * * *
(6) If a certified Complete EHR or
certified Health IT Module’s
certification has been suspended, an
ONC–ACB is permitted to initiate
certification termination procedures for
the Complete EHR or Health IT Module
(consistent with its accreditation to ISO/
IEC 17065 and procedures for
terminating a certification) when the
developer has not completed the actions
necessary to reinstate the suspended
certification.
*
*
*
*
*
Dated: December 7, 2015.
Madhura Valverde,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2015–31255 Filed 12–10–15; 8:45 am]
BILLING CODE 4150–45–P
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Agencies
[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Rules and Regulations]
[Pages 76868-76872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31255]
=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
45 CFR Part 170
RIN 0991-AB93
2015 Edition Health Information Technology (Health IT)
Certification Criteria, 2015 Edition Base Electronic Health Record
(EHR) Definition, and ONC Health IT Certification Program
Modifications; Corrections and Clarifications
AGENCY: Office of the National Coordinator for Health Information
Technology (ONC), Department of Health and Human Services (HHS).
ACTION: Final rule; corrections and clarifications.
-----------------------------------------------------------------------
SUMMARY: This document corrects errors and clarifies provisions of the
final rule entitled ``2015 Edition Health Information Technology
(Health IT) Certification Criteria, 2015 Edition Base Electronic Health
Record (EHR) Definition, and ONC Health IT Certification Program
Modifications.''
DATES: This correction is effective January 14, 2016. The final rule
appeared in the Federal Register on October 16, 2015 (80 FR 62602), and
is effective on January 14, 2016, except for Sec. 170.523(m) and (n),
which are effective on April 1, 2016.
FOR FURTHER INFORMATION CONTACT: Michael Lipinski, Office of Policy,
National Coordinator for Health Information Technology, 202-690-7151.
SUPPLEMENTARY INFORMATION:
I. Background
Following the publication of Federal Register document 2015-25597
of October 16, 2015 (80 FR 62602), final rule entitled ``2015 Edition
Health Information Technology (Health IT) Certification Criteria, 2015
Edition Base Electronic Health Record (EHR) Definition, and ONC Health
IT Certification Program Modifications'' (hereinafter referred to as
the 2015 Edition final rule), we identified a number of errors in the
final rule. We summarize and correct these errors in the ``Summary of
Errors'' and ``Corrections of Errors'' sections below.
We also clarify requirements of the Common Clinical Data Set
(CCDS), the privacy and security certification framework, and the
mandatory disclosures for health IT developers in the
``Clarifications'' section below.
II. Summary of Errors
A. Preamble Errors
1. ``Audit Report(s)'' Certification Criterion
We incorrectly identified the adopted 2015 Edition ``audit
report(s)'' certification criterion throughout the preamble as
``unchanged'' and eligible for gap certification. More specifically, we
identified it incorrectly:
a. On page 62609, under Table 2 (``2015 Edition Health IT
Certification Criteria''), as an unchanged criterion compared to the
2014 Edition and gap certification eligible.
b. On page 62656, second column, in the ``Response'' under ``Audit
Report(s),'' as adopted as proposed (i.e., ``unchanged'').
c. On page 62681, under Table 6 (``Gap Certification Eligibility
for 2015 Edition Health IT Certification Criteria''), as eligible for
gap certification.
We adopted the standard at Sec. 170.210(e) as revised to include
the auditing of changes to user privileges in paragraph (e)(1)(i). The
adopted 2015 Edition ``audit report(s)'' certification criterion
references this standard. Therefore, it is a ``revised'' certification
criterion as compared to the 2014 Edition ``audit report(s)''
certification criterion and ineligible for gap certification.
2. ``Integrity'' Certification Criterion
On page 62657, third column, third paragraph, the last sentence
incorrectly references SHA-1. The commenters' statements were specific
to SHA-2.
3. ``Accounting of Disclosures'' Certification Criterion
On page 62658, first column, mid-page, within the 2015 Edition
``accounting of disclosures'' certification criterion table, we
inadvertently referenced the criterion as codified in 45 CFR
170.315(d)(10), when in fact it was codified in 45 CFR 170.315(d)(11).
We note that the 2015 Edition ``auditing actions on health
information'' certification criterion was codified in 45 CFR
170.315(d)(10).
4. ``Transmission to Public Health Agencies--Antimicrobial Use and
Resistance Reporting'' Certification Criterion
On page 62668, third column, lines 2 and 3, there was a
parenthetical error stating that we adopted the ``transmission to
public health agencies--antimicrobial use and resistance reporting''
certification criterion as proposed (with both Volumes 1 and 2 of the
HAI IG). The parenthetical is corrected to not reference volumes of the
HL 7 Implementation Guide for CDA[supreg] Release 2--Level 3:
Healthcare Associated Infection Reports, Release 1
[[Page 76869]]
(U.S. Realm), August 9, 2013 (HAI IG). This adopted version of the HAI
IG does not contain multiple volumes. Further, the adopted version of
the implementation guide was incorporated by reference in Sec.
170.299(f)(26).
5. Common Clinical Data Set--Assessment and Plan of Treatment, Goals,
and Health Concerns
On page 62696, second column, lines 8-14, we did not clearly
indicate that only the narrative parts of the ``Goals Section'' and
``Health Concerns Section'' needed to be met in order to meet the CCDS
definition. We refer readers to section III.A (``Common Clinical Data
Set'') below for further clarification of these CCDS requirements.
B. Regulation Text Errors
1. 2015 Edition Base EHR Definition
On page 62742, first column, line 16 (Sec. 170.102), we
inadvertently made an error in the 2015 Edition Base EHR definition by
citing to Sec. 170.315(a)(15) instead of Sec. 170.315(a)(14). As
discussed on pages 62625, 62630, 62691 and identified on page 62692
(Table 7), we included the ``implantable device list'' certification
criterion (Sec. 170.315(a)(14)) in the 2015 Edition Base EHR
definition as we proposed (80 FR 16806, 16825, 16870-16871). We did not
propose to include nor intend to include the ``social, psychological,
and behavioral data'' certification criterion (Sec. 170.315(a)(15)) in
the 2015 Edition Base EHR definition.
2. Sexual Orientation Code
On page 62744, third column, line 24 (Sec. 170.207(o)(1)(ii)), the
code (20730005) attributed to ``straight or heterosexual'' was
inaccurate. The correct code is 20430005 (emphasis added).
3. ``Implantable Device List'' Certification Criterion
On page 62748, third column, line 1 (Sec. 170.315(a)(14)), we
inadvertently omitted the word ``and'' at the end of the line. On the
same page and column, line 42, we inadvertently added the word ``and''
when the ``and'' should have been at the end of line 47. On the same
page and column, line 59, we inadvertently omitted the word ``and'' at
the end of the line.
4. ``Data Export'' Certification Criterion
On page 62750, third column, line 63, we inaccurately cross-
referenced paragraphs (ii) through (v) of the ``data export''
certification criterion (Sec. 170.315(b)(6)), when the cross-reference
should have only been to paragraphs (iii) and (iv). Paragraph (v)
should not have been referenced because there are only four paragraphs,
ending with paragraph (iv). Paragraph (ii) should not have been cross-
referenced because paragraph (ii) no longer includes a configuration
capability that could be enabled. The configuration capability included
in paragraph (ii) was intended to support user selection among the
multiple document templates we proposed for inclusion in paragraph (ii)
of this certification criterion. In the final rule, however, we only
included the Continuity of Care Document (CCD) document template in
paragraph (ii). Therefore, a configuration capability for selecting
among document templates is no longer applicable and both the cross-
reference to paragraph (ii) and the inclusion of configuration language
in paragraph (ii) on page 62751, first column, lines 10-11, are
incorrect. In terms of the configuration language in paragraph (ii),
more specifically the inclusion of ``configuration'' in the paragraph
title is an error as is the inclusion of the capability to ``configure
the technology'' in the first sentence.
5. ``Clinical Quality Measures--Filter'' Certification Criterion
a. Patient Insurance Standard
On page 62751, third column, line 22, we inadvertently included
``at a minimum'' language for the required patient insurance standard.
The standard (Source of Payment Typology Code Set Version 5.0 (October
2011)) was adopted at Sec. 170.207(s)(1), but we did not adopt this
standard as a ``minimum standards'' code set (see 80 FR 62612).
b. Patient Sex Standard
On page 62751, third column, lines 25-26, we inadvertently included
``at a minimum'' language for the required patient sex standard. The
standard for representing sex is the use of specific HL7 Version 3
codes and was adopted at Sec. 170.207(n)(1). We did not adopt this
standard as a ``minimum standards'' code set (see 80 FR 62612).
6. ``View, Download, and Transmit to 3rd Party'' (VDT) Certification
Criterion
On page 62753, first column, lines 37 and 55 (Sec.
170.315(e)(1)(ii)), we inadvertently omitted references for a patient's
authorized representative to have access to the specified capabilities
related to the activity history log under the VDT certification
criterion. As discussed on page 62658 and consistent with references
throughout the VDT criterion, a patient's authorized representative
access to these capabilities is the same as the patient for the
purposes of testing and certification.
7. ``Consolidated CDA Creation Performance'' Certification Criterion
On page 62754, second column, lines 42-46 (Sec.
170.315(g)(6)(ii)), we inadvertently included a sentence stating that
the scope of this certification criterion will not exceed the
evaluation of the CCD, Referral Note, and Discharge Summary document
templates. This statement is inconsistent with the preamble guidance of
the final rule on page 62674, which states that we have required that
Consolidated CDA (C-CDA) creation performance be demonstrated for the
C-CDA Release 2.1 document templates required by the 2015 Edition
certification criteria presented for certification. Certification to
some criteria (e.g., the ``transitions of care'' criterion) requires
three C-CDA document templates whereas other criteria (e.g., the ``care
plan'' criterion) only requires one C-CDA document template. To further
illustrate, if a Health IT Module only included the ``view, download,
and transmit to 3rd party'' certification criterion (Sec.
170.315(e)(1)) within its certificate's scope, then only the Continuity
of Care Document (CCD) document template would be applicable within the
``C-CDA creation performance'' criterion. Conversely, if a Health IT
Module designed for the inpatient setting included the ``transitions of
care'' certification criterion (Sec. 170.315(b)(1)) within its
certificate's scope, then all three document templates referenced by
that criterion (CCD, Referral Note, and Discharge Summary) would need
to be evaluated as part of the ``C-CDA creation performance''
criterion, with the Discharge Summary only applicable to the inpatient
setting.
8. ``Direct Project'' Certification Criterion
On page 62755, first column, lines 53 through 55 (Sec.
170.315(h)(1)(ii)), we inadvertently referenced the ``Applicability
Statement for Secure Health Transport'' in the title for paragraph (ii)
when it should have only been ``Delivery Notification in Direct.''
9. ``Direct Project, Edge Protocol, and XDR/XDM'' Certification
Criterion
On page 62755, second column, lines 4 through 6 (Sec.
170.315(h)(2)(ii)), we again inadvertently referenced the
``Applicability Statement for Secure Health Transport'' in the title
for paragraph (ii) when it should have only been ``Delivery
Notification in Direct.''
[[Page 76870]]
10. Principles of Proper Conduct for ONC-ACBs--Certified Health IT
Mandatory Disclosures
a. 2015 Edition Certified Health IT
On page 62756, third column, lines 35-36 (Sec.
170.523(k)(1)(ii)(A)), we inadvertently cross-referenced the wrong data
from Sec. 170.523(f)(1). We did not intend to cross-reference Sec.
170.523(f)(1)(xvii) (certification to standards used to meet a
certification criterion). The required data elements for disclosure
were intended to be consistent across the editions. This data is not a
required data element for the mandatory disclosures for health IT
certified to the 2014 Edition. We did, however, intend to require the
disclosure of Sec. 170.523(f)(1)(xv) (certification to clinical
quality measures), which was inadvertently omitted but consistent with
the new and previous 2014 Edition disclosure requirements. We also
refer readers to section III.C (``Mandatory Disclosures for 2015
Edition Certified Health IT'') below for a clarification related to the
disclosure on information specified in Sec. 170.523(f)(1)(viii).
b. 2014 Edition Certified Health IT
On page 62756, third column, lines 42-43 (Sec.
170.523(k)(1)(ii)(B)), we inadvertently omitted cross-references to
paragraphs (f)(2)(iii) (product version) and (vi) (any additional
relied upon software used to demonstrate compliance with a
certification criterion or criteria) of Sec. 170.523. The parallel
requirements were included in the required disclosures for health IT
certified to the 2015 Edition and were previously required to be
disclosed as part of certification to the 2014 Edition.
10. In-the-Field Surveillance and Maintenance of Certification for
Health IT
a. Exclusion and Exhaustion
On page 62758, third column, lines 4 and 10 (Sec. 170.556(c)(5)),
we twice inadvertently cross-referenced paragraph (c)(3) of Sec.
170.556 instead of paragraph (c)(4) of Sec. 170.556. Paragraph (c)(4)
includes the requirements for locations as they would apply to the
``exclusion and exhaustion'' requirements of paragraph (c)(5).
b. Termination
On page 62759, second column, lines 23-24 (Sec. 170.556(d)(6)), we
inadvertently included language suggesting that termination was limited
to suspensions in the context of randomized surveillance. Consistent
with the preamble discussion on pages 62716-62718, termination can
follow any suspension if the health IT developer has not completed the
actions necessary to reinstate the suspended certification.
III. Clarifications
A. Common Clinical Data Set
In the final rule (Sec. 170.102), we define the CCDS to mean data
expressed, where indicated, according to specified standards. For four
data specified in the CCDS (Unique Device Identifier(s) for a Patient's
Implantable Device(s); Assessment and Plan of Treatment; Goals; and
Health Concerns), we reference specific Consolidated Clinical Document
Architecture (C-CDA) sections. Based on subsequent examination of this
regulatory text and early interactions with stakeholders, we have
determined that additional explanation of these references is necessary
in order to ensure health IT developers accurately and consistently
interpret and implement health IT functionality to our expressed
regulatory requirements. In this regard, we seek to clarify two points.
First, we clarify that the references to these four specific C-CDA
section templates is not meant to be strictly interpreted to mean that
a health IT developer must use the C-CDA's syntax for each referenced
section. Such a strict interpretation would directly contradict the
flexibility we have intentionally offered to health IT developers who
seek to certify to the ``application access--data category request''
certification criterion adopted at 45 CFR 170.315(g)(8), which
references the CCDS but does not bind health IT presented for
certification to solely use the C-CDA to meet the criterion. To avoid
stakeholders inadvertently following this overly strict interpretation,
we clarify that the references to these C-CDA section templates was
meant (like all of the other data listed in the CCDS) to emphasize that
these data need to be consistently and independently represented as
discrete data that are clearly distinguishable.
Second, we clarify for the Assessment and Plan of Treatment, Goals,
and Health Concerns data that only the narrative part of the referenced
C-CDA section templates is necessary and required in order to satisfy
the CCDS. Further and in support of this clarification, testing and
certification will focus on the presence of data represented consistent
with just the narrative part of the referenced section templates.
Similar to our points above, given that these section templates in the
C-CDA have two parts (a narrative part and coded requirements part for
C-CDA), we believe that it is necessary to make this interpretation
explicit so as to prevent health IT developers from over-interpreting
this definition's data requirements to include more data than we had
intended.
B. Privacy and Security Certification Framework--Approach 2
Under Sec. 170.550(h)(4)(ii), a Health IT Module can meet
applicable 2015 Edition privacy and security certification criterion by
demonstrating, through system documentation that is sufficiently
detailed to enable integration, that the Health IT Module has
implemented service interfaces for each applicable privacy and security
certification criterion that enable the Health IT Module to access
external services necessary to meet the privacy and security
certification criterion (also known as ``Approach 2''). We clarify
three points about Approach 2. First, we clarify that the term
``access'' includes, as applicable, bi-directional interfaces with
external services. For example, system documentation could detail how
integration establishes a bi-directional interface that meets the
requirements of the 2015 Edition ``audit report(s)'' certification
criterion. Second, external services simply mean services outside the
scope of the Health IT Module being presented for certification.
External services could be, but are not limited to, those provided by
another certified Health IT Module, another software program such as
Microsoft Active Directory, or a hospital enterprise-wide
infrastructure. Third, a Health IT Module is not required to be paired
with the other services for the purposes of certification (e.g.,
certified with another certified Health IT Module that performs the
privacy and security capability or specifying the external services as
``relied upon software'').
C. Mandatory Disclosures for 2015 Edition Certified Health IT
We clarify that for compliance with Sec. 170.523(k)(1)(ii)(A), the
only information that must be disclosed to meet the data requirement
specified in Sec. 170.523(f)(1)(viii) is the certification criterion
or criteria to which the Health IT Module has been certified. This is
consistent with the disclosure requirements for certification to the
2014 Edition.
IV. Waiver of Proposed Rulemaking
We ordinarily publish a notice of proposed rulemaking in the
Federal Register to provide a period for public comment before the
provisions of a rule take effect in accordance with section
[[Page 76871]]
553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)).
However, we can waive this notice and comment procedure if the
Secretary finds, for good cause, that the notice and comment process is
impracticable, unnecessary, or contrary to the public interest, and
incorporates a statement of the finding and the reasons therefore in
the notice.
In our view, this correcting and clarifying document does not
constitute a rulemaking that would be subject to the APA notice and
comment requirements. This document corrects errors and clarifies
provisions of the 2015 Edition final rule published on October 16,
2015. It does not make substantive changes to the policies that were
adopted. As a result, this correcting document is intended to ensure
that the final rule accurately reflects the policies adopted in that
final rule.
In addition, even if this were a rulemaking to which the notice and
comment requirements applied, we find that there is good cause to waive
such requirements. Undertaking further notice and comment procedures to
incorporate the corrections in this document into the final rule would
be contrary to the public interest. Furthermore, such procedures would
be unnecessary, as we are not altering the policies that were already
subject to comment and finalized in our final rule. Therefore, we
believe we have good cause to waive the notice and comment
requirements.
V. Corrections of Errors
A. Preamble Corrections
1. On page 62609, correct Table 2 as follows:
a. Remove ``Audit Report(s)'' from the ``Unchanged Criteria as
Compared to the 2014 Edition (Gap Certification Eligible)'' category
and insert it with an in asterisk (i.e., Audit Report(s)*) in the
``Revised Criteria as Compared to the 2014 Edition'' category after
``Auditable Events and Tamper-Resistance.''
b. Revise the ``Unchanged Criteria as Compared to the 2014 Edition
(Gap Certification Eligible) (16)'' title to ``Unchanged Criteria as
Compared to the 2014 Edition (Gap Certification Eligible) (15)''.
c. Revise the ``Revised Criteria as Compared to the 2014 Edition
(25)'' title to ``Revised Criteria as Compared to the 2014 Edition
(26)''.
2. On page 62656, second column, in the ``Response'' under ``Audit
Report(s),'' correct the first sentence to read ``We have adopted this
certification criterion as revised to support the audit reporting of
changes in user privileges consistent with the adopted 2015 Edition
``auditable events and tamper resistance'' certification criterion.''
3. On page 62657, third column, third paragraph, correct the last
sentence to read ``A few commenters requested that we wait until 2017
or 2018 to increase the standard to SHA-2.''
4. On page 62658, first column, mid-page, within the 2015 Edition
``accounting of disclosures'' certification criterion table, the
citation is corrected to read ``45 CFR 170.315(d)(11).''
5. On page 62668, third column, lines 2 and 3, correct the
parenthetical to read ``(with the HAI IG).''
6. On page 62681, Table 6, remove ``(d)(3) Audit report(s)'' from
the ``2015 Edition'' column and ``(d)(3) Audit report(s)'' from the
``2014 Edition'' column.
7. On page 62696, second column, lines 8-14, correct the sentence
to read ``Thus, other C-CDA document templates such as CCD, Referral
Note, and Discharge Summary would need to be able to exchange the
narrative information from the ``Goals Section'' and ``Health Concerns
Section'' in order to meet the Common Clinical Data Set definition.''
B. Regulation Text Corrections
0
1. On page 62742, first column, in Sec. 170.102, in the definition of
``2015 Edition Base EHR'', paragraph (3) is corrected to read as
follows:
Sec. 170.102 Definitions.
* * * * *
2015 Edition Base EHR * * *
(3) Has been certified to the certification criteria adopted by the
Secretary in Sec. 170.315(a)(1), (2), or (3); (a)(5) through (9);
(a)(11); (a)(14); (b)(1) and (6); (c)(1); (g)(7) through (9); and
(h)(1) or (2);
* * * * *
0
2. On page 62744, third column, in Sec. 170.207, paragraph (o)(1)(ii)
is corrected to read as follows:
Sec. 170.207 Vocabulary standards for representing electronic health
information.
* * * * *
(o) * * *
(1) * * *
(ii) Straight or heterosexual. 20430005.
* * * * *
0
3. On pages 62748 through 62755, in Sec. 170.315, paragraphs
(a)(14)(ii)(A), (a)(14)(iv)(A) and (B), (a)(14)(v)(C), (b)(6)(i)(A),
(b)(6)(ii) introductory text, (c)(4)(iii)(E) and (G), (e)(1)(ii)(A)
introductory text, (e)(1)(ii)(B), (g)(6)(ii), (h)(1)(ii), and
(h)(2)(ii) are corrected to read as follows:
Sec. 170.315 2015 Edition health IT certification criteria.
* * * * *
(a) * * *
(14) * * *
(ii) * * *
(A) Device Identifier; and
* * * * *
(iv) * * *
(A) The active Unique Device Identifiers recorded for the patient;
(B) For each active Unique Device Identifier recorded for a
patient, the description of the implantable device specified by
paragraph (a)(14)(iii)(A) of this section; and
* * * * *
(v) * * *
(C) The identifiers associated with the Unique Device Identifier,
as specified by paragraph (a)(14)(ii) of this section; and
* * * * *
(b) * * *
(6) * * *
(i) * * *
(A) Enable a user to set the configuration options specified in
paragraphs (b)(6)(iii) and (iv) of this section when creating an export
summary as well as a set of export summaries for patients whose
information is stored in the technology. A user must be able to execute
these capabilities at any time the user chooses and without subsequent
developer assistance to operate.
* * * * *
(ii) Creation. Enable a user to create export summaries formatted
in accordance with the standard specified in Sec. 170.205(a)(4) using
the Continuity of Care Document document template that includes, at a
minimum:
* * * * *
(c) * * *
(4) * * *
(iii) * * *
(E) Patient insurance in accordance with the standard specified in
Sec. 170.207(s)(1).
* * *
(G) Patient sex in accordance with the version of the standard
specified in Sec. 170.207(n)(1).
* * * * *
(e) * * *
(1) * * *
(ii) * * *
(A) When any of the capabilities included in paragraphs
(e)(1)(i)(A) through (C) of this section are used, the following
information must be recorded and made accessible to the patient (or
his/her authorized representative):
* * * * *
(B) Technology presented for certification may demonstrate
[[Page 76872]]
compliance with paragraph (e)(1)(ii)(A) of this section if it is also
certified to the certification criterion specified in Sec.
170.315(d)(2) and the information required to be recorded in paragraph
(e)(1)(ii)(A) of this section is accessible by the patient (or his/her
authorized representative).
* * * * *
(g) * * *
(6) * * *
(ii) Document-template conformance. Create a data file formatted in
accordance with the standard adopted in Sec. 170.205(a)(4) that
demonstrates a valid implementation of each document template
applicable to the certification criterion or criteria within the scope
of the certificate sought.
* * * * *
(h) * * *
(1) * * *
(ii) Delivery Notification in Direct. Able to send and receive
health information in accordance with the standard specified in Sec.
170.202(e)(1).
* * * * *
(2) * * *
(ii) Delivery Notification in Direct. Able to send and receive
health information in accordance with the standard specified in Sec.
170.202(e)(1).
Sec. 170.523 [Corrected]
0
4. In Sec. 170.523--
0
a. On page 62756, third column, lines 35-36, paragraph (k)(1)(ii)(A),
the reference ``paragraphs (f)(1)(i), (vi), (vii), (viii), (xvi), and
(xvii) of this section'' is corrected to read ``paragraphs (f)(1)(i),
(vi), (vii), (viii), (xv), and (xvi) of this section''.
0
b. On page 62756, third column, lines 42-43, paragraph (k)(1)(ii)(B),
the reference ``paragraphs (f)(2)(i), (ii), (iv)-(v), and (vii) of this
section'' is corrected to read ``paragraphs (f)(2)(i) through (vii) of
this section''.
0
5. In Sec. 170.556--
0
a. On page 62758, third column, lines 4 and 10, paragraph (c)(5),
correct the reference ``paragraph (c)(3)'' each time it appears to read
``paragraph (c)(4)''.
0
b. On page 62759, second column, correct paragraph (d)(6) to read as
follows:
Sec. 170.556 In-the-field surveillance and maintenance of
certification for Health IT.
* * * * *
(d) * * *
(6) If a certified Complete EHR or certified Health IT Module's
certification has been suspended, an ONC-ACB is permitted to initiate
certification termination procedures for the Complete EHR or Health IT
Module (consistent with its accreditation to ISO/IEC 17065 and
procedures for terminating a certification) when the developer has not
completed the actions necessary to reinstate the suspended
certification.
* * * * *
Dated: December 7, 2015.
Madhura Valverde,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2015-31255 Filed 12-10-15; 8:45 am]
BILLING CODE 4150-45-P