0955-AA03 202110 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 0955 Office of the National Coordinator for Health Information Technology ONC 0900 Department of Health and Human Services HHS ONC Health IT Certification Program Updates, Health Information Network Attestation Process for the Trusted Exchange Framework and Common Agreement, and Enhancements to Support Information Sharing

The rulemaking implements certain provisions of the 21st Century Cures Act, including: the Electronic Health Record Reporting Program condition and maintenance of certification requirements under the ONC Health IT Certification Program; a process for health information networks that voluntarily adopt the Trusted Exchange Framework and Common Agreement to attest to such adoption of the framework and agreement; and enhancements to support information sharing under the information blocking regulations.  The rulemaking would also include proposals for new standards and certification criteria under the Certification Program related to real-time benefit tools and electronic prior authorization and potentially other revisions to the Certification Program.

]]> Other Significant First Time Published in The Unified Agenda Proposed Rule Stage Undetermined No 45 CFR 170 45 CFR 171 45 CFR 172 42 U.S.C. 300jj–11 42 U.S.C. 300jj–14 42 U.S.C. 300jj–19a 42 U.S.C. 300jj-52 5 U.S.C. 552 Pub. L.114-255 Pub. L. 116-260 Statutory Final 07/24/2019 Publish a list of the health information networks that have adopted the common agreement and are capable of trusted exchange pursuant to the common agreement. Statutory Final 12/13/2017 Conditions of certification and maintenance of certification Yes

The rulemaking would implement certain provisions of the 21st Century Cures Act, including: the Electronic Health Record (EHR) Reporting Program condition and maintenance of certification requirements under the (Certification Program); a process for health information networks that voluntarily adopt the Trusted Exchange Framework and Common Agreement to attest to such adoption of the framework and agreement; and enhancements to support information sharing under the information blocking regulations. The rulemaking would also include proposals for new standards and certification criteria under the Certification Program related to real-time benefit tools and electronic prior authorization. These proposals would fulfill statutory requirements, provide transparency, advance interoperability, and support the access, exchange, and use of electronic health information. Transparency regarding health care information and activities as well as the interoperability and electronic exchange of health information are central to the efforts of the Department of Health and Human Services to enhance and protect the health and well-being of all Americans.

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The provisions would be implemented under the authority of the Public Health Service Act, as amended by the HITECH Act and the 21st Century Cures Act.

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ONC will consider different options and measures to improve transparency, and the interoperability and access to electronic health information so that the benefits to providers, patients, and payers are maximized and the economic burden to health IT developers, providers, and other stakeholders is minimized.

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The majority of costs for this proposed rule would be incurred by health IT developers in terms of meeting new requirements and continual compliance with the EHR Reporting Program condition and maintenance of certification requirements. We also expect that implementation of new standards and information sharing requirements may also account for some costs. We expect that through implementation and compliance with the regulations, the market (particularly patients, payers, and providers) will benefit greatly from increased transparency, interoperability, and streamlined, lower cost access to electronic heath information.

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At this time, ONC has not been able to identify any substantial risks that would undermine likely proposals in the proposed rule. ONC will continue to consider and deliberate regarding any identified potential risks and will be sure to identify them for stakeholders and seek comment from stakeholders during the comment period for the proposed rule.

]]> NPRM 07/00/2022 NPRM Comment Period End 09/00/2022 No Businesses Undetermined No No No No Michael Lipinski Director, Regulatory and Policy Affairs Division/ Office of Policy 0955 Assistant Secretary for Technology Policy and Office of the National Coordinator for Health Information Technology ASTP/ONC 202 690-7151 michael.lipinski@hhs.gov Mail Stop: 7033A, 330 C Street SW, Washington DC 20201