The Department of Health and Human Services (HHS) is proposing to amend and update its Health and Human Services Acquisition Regulation (HHSAR) to implement requirements to procure health information technology (health IT) that meets standards and implementation specifications (standards) adopted by the Office of the National Coordinator for Health Information Technology (ONC) in the following parts: Acquisition of Information Technology and Solicitation Provisions and Contract Clauses, a summary of the proposed rule reads.
Under the heading “Purpose of Rule” is the following:
“This proposed rule is issued to comply with the requirements of 41 U.S.C. 1707 and FAR subpart 1.5 that require publication of a proposed rule for public comment.
Consistent with HHS policy, including the Secretary’s July 2022 Memorandum, and with sections 13111 and 13112 of the HITECH Act (Pub. L. 111-5), HHS is proposing to amend the HHSAR to implement and align requirements related to the procurement of health IT with standards and implementation specifications adopted by ONC under section 3004 of the PHSA.
This proposed rule would add a new HHSAR subpart 339.70, Standards for Health Information Technology, which provides definitions, policy, and a prescription for a new HHSAR clause to implement requirements of the HITECH Act, to include: (1) when contracting officers must procure health IT consistent with requirements in the HITECH Act; and (2) when to require use of health IT in a manner consistent with requirements in the HITECH Act, in contracts and agreements with health care providers, health plans, or health insurance issuers.
This proposed rule would implement requirements in the HHSAR that would apply to all solicitations and contracts, issued by or on behalf of HHS entities, that involve implementing, acquiring, or upgrading health IT used (1) for the direct exchange of individually identifiable health information between agencies and non-Federal entities, or (2) by health care providers, health plans, or health insurance issuers.”
Comments on the proposed rule must be received on or before October 8, 2024, to be considered in the formulation of the final rule.
For more information, visit https://www.federalregister.gov/documents/2024/08/09/2024-17096/hhs-acquisition-regulation-acquisition-of-information-technology-standards-for-health-information
