123STA T . 2 4 1 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9‘ ‘ SEC.30 0 5 . AP P LI CA T I ON AN DU SEO F ADOPTED STANDA R DS AND I M PLEMENTATION SPECIFICATIONS BY FEDERAL A G EN - CIES. ‘ ‘ For r equi re m e nts re la tin g tot h ea p pli c ation an d use by Fed - eral agencies o f the standards and implementation specifications adopted under section 30 0 4, see section 1 3111 of the H ealth I nformation T echnology for E conomic and C linical Health A ct . ‘‘SEC. 300 6 . V OLUNTARY APPLICATION AND USE OF ADOPTED STAND- ARDS AND IMPLEMENTATION SPECIFICATIONS BY PRI- VATE ENTITIES. ‘‘ ( a ) I NGE NE RAL . — E x cept as pro v ided under section 1311 2 of the HITECH Act, nothing in such Act or in the amendments made by such Act shall be construed— ‘‘(1) to require a private entity to adopt or comply w ith a standard or implementation specification adopted under sec- tion 3004
or ‘‘(2) to provide a Federal agency authority, other than the authority such agency may have under other provisions of law, to require a private entity to comply with such a standard or implementation specification. ‘‘(b) RU LE OF CON ST RU C T I ON.— N othing 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. 300 7 . FEDERAL H EALTH 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 sub- sections (b) and (c) and ma k e available such qualified electronic health record technology unless the S ecretary determines through an assessment that the needs and demands of providers are being substantially and adequately met through the marketplace. ‘‘(b) CERTIFICATION.—In making such electronic health record technology publicly available, the National Coordinator shall ensure that the qualified electronic health record 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) AUT H ORI Z ATION TO CHAR G EANO M INAL 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 under- served 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. 300 8 . TRANSITIONS. ‘‘(a) O NCHIT.—To the extent consistent with section 3001, all functions, personnel, assets, liabilities, and administrative actions applicable to the National Coordinator for Health Informa- tion Technology appointed under Executive Order No. 1333 5 or the Office of such National Coordinator on the date before the 42USC30 0 j j –18. 42 USC 300jj–1 7 . 42 USC 300jj–1 6 . 42 USC 300jj–1 5 .
