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HHS/OS RIN: 0991-AB58 Publication ID: Fall 2009 
Title: ●Health Information Technology: Initial Set of Standards, Implementation Specifications, and Certification Criteria for Electronic Health Record Technology(Rulemaking Resulting From a Section 610 Review) 
Abstract: The Department of Health and Human Services (HHS), Office of the National Coordinator for Health Information Technology, will issue an interim final rule with a request for comments to adopt an initial set of standards, implementation specifications, and certification criteria, as required by section 3004(b)(1) of the Public Health Service Act. 
Agency: Department of Health and Human Services(HHS)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
RFA Section 610 Review: Rulemaking Resulting From a Section 610 Review 
CFR Citation: 45 CFR 170   
Legal Authority: 42 USC 300jj-14   
Legal Deadline:
Action Source Description Date
Other  Statutory  Interim final rule  12/31/2009 

Statement of Need: This interim final rule represents the first round of what will be an incremental approach to adopting standards, implementation specifications, and certification criteria for health information technology. The certification criteria adopted in this initial set establish the technical capabilities and related standards that certified electronic health record (EHR) technology will need to include in support of the Medicare and Medicaid EHR Incentive Programs.

Summary of the Legal Basis: Section 3004(b)(1) of the PHSA requires the Secretary to adopt an initial set of standards, implementation specifications, and certification criteria by 12/31/09. This interim final rule is being published to meet this requirement.

Alternatives: No alternatives are available because the issuance of this regulation is required by statute.

Anticipated Costs and Benefits: We anticipate that there will be costs incurred as a result of the interim final rule to prepare health information technology for certification. Benefits include improved interoperability and increased health information technology adoption.

Timetable:
Action Date FR Cite
Interim Final Rule  12/00/2009    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: Yes 
Agency Contact:
Steven Posnack
Policy Analyst
Department of Health and Human Services
Office of the Secretary
Office of the National Coordinator for Health Information Technology, 200 Independence Avenue SW.,
Washington, DC 20201
Phone:202 690-7151
Email: steven.posnack@hhs.gov