Page:United States Statutes at Large Volume 110 Part 3.djvu/294

 110 STAT. 2024 PUBLIC LAW 104-191—AUG. 21, 1996 "(ii) the standard is promulgated in accordance with the rulemaking procedures of subchapter III of chapter 5 of title 5, United States Code. "(B) No STANDARD BY STANDARD SETTING ORGANIZA- TION.— If no standard setting organization has developed, adopted, or modified any standard relating to a standard tnat the Secretary is authorized or required to adopt under this part— "(i) paragraph (1) shall not apply; and " (ii) subsection (f) shall apply. "(3) CONSULTATION REQUIREMENT.— "(A) IN GENERAL.—^A standard may not be adopted under this part unless— "(i) in the case of a standard that has been developed, adopted, or modified by a standard setting organization, the organization consulted with each of the organizations described in subparagraph (B) in the course of such development, adoption, or modification; and "(ii) in the case of any other standard, the Secretary, in complying with the requirements of subsection (f), consulted with each of the organizations described in subparagraph (B) before adopting the standard. "(B) ORGANIZATIONS DESCRIBED.— The organizations referred to in subparagraph (A) are the following: "(i) The National Uniform Billing Committee, "(ii) The National Uniform Claim Committee, "(iii) The Workgroup for Electronic Data Interchange. "(iv) The American Dental Association. "(d) IMPLEMENTATION SPECIFICATIONS. — The Secretary shall establish specifications for implementing each of the standards adopted under this part. "(e) PROTECTION OF TRADE SECRETS. —Except as otherwise required by law, a standard adopted under this part shall not require disclosure of trade secrets or confidential commercial information by a person required to comply with this part. "(f) ASSISTANCE TO THE SECRETARY.— In complying with the requirements of this part, the Secretary shall rely on the recommendations of the National Committee on Vital and Health Statistics established under section 306(k) of the Public Health Service Act (42 U.S.C. 242k(k)), and shall consult with appropriate Federal Register, Federal and State agencies and private organizations. The Secretary publication. shall publish in the Federal Register any recommendation of the National Committee on Vital and Health Statistics regarding the adoption of a standard under this part. "(g) APPLICATION TO MODIFICATIONS OF STANDARDS.—This section snail apply to a modification to a standard (including an addition to a standard) adopted under section 1174(b) in the same manner as it applies to an initial standard adopted under section 1174(a). "STANDARDS FOR INFORMATION TRANSACTIONS AND DATA ELEMENTS 42 USC 1320d-2. "SEC. 1173. (a) STANDARDS TO ENABLE ELECTRONIC EXCHANGE.—

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