Page:United States Statutes at Large Volume 123.djvu/257

 123STA T . 23 7PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9‘ ‘ (v)1me m b e rshal lhavee xp er ti sei n impr o vin g the health o f v u lnerable populations ‘‘(vi) 1 member shall be from the resear c h commu - nit y ‘‘(vii) 1 member shall represent health plans or other thir d -party payers; ‘‘(viii) 1 member shall represent information tech- nology vendors; ‘‘(ix) 1 member shall represent purchasers or employers; and ‘‘(x) 1 member shall have expertise in health care q uality measurement and reporting . ‘‘( 3 ) PARTIC I P ATI ON . —T he members of the HI T Policy C om- mittee appointed under paragraph ( 2 ) shall represent a balance among various sectors of the health care system so that no single sector unduly influences the recommendations of the Policy Committee. ‘‘( 4 )T E R MS .— ‘‘( A )IN G ENERA L .—The terms of the members of the HIT Policy Committee shall be for 3 years , except that the Comptroller G eneral shall designate staggered terms for the members first appointed. ‘‘( B ) V ACANCIES.—Any member appointed to fill a vacancy in the membership of the HIT Policy Committee that occurs prior to the expiration of the term for w hich the member ’ s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has been appointed. A vacancy in the HIT Policy Committee shall be filled in the manner in which the original appoint- ment was made. ‘‘( 5 ) OU TSI D EIN V OLVEMENT.—The HIT Policy Committee shall ensure an opportunity for the participation in activities of the Committee of outside advisors, including individuals with expertise in the development of policies for the electronic exchange and use of health information, including in the areas of health information privacy and security. ‘‘( 6 ) Q UORUM.—A ma j ority of the member of the HIT Policy Committee shall constitute a quorum for purposes of voting, but a lesser number of members may meet and hold hearings. ‘‘( 7 ) F AILURE O F INITIAL APPOINTMENT.—If, on the date that is 45 days after the date of enactment of this title, an official authori z ed under paragraph (2) to appoint one or more members of the HIT Policy Committee has not appointed the full number of members that such paragraph authorizes such official to appoint, the S ecretary is authorized to appoint such members. ‘‘( 8 ) CONSIDERATION.—The N ational Coordinator shall ensure that the relevant and available recommendations and comments from the National Committee on Vital and Health Statistics are considered in the development of policies. ‘‘(d) APPLICATION OF FACA.—The Federal Advisory Committee Act (5 U .S.C. App.), other than section 14 of such Act, shall apply to the HIT Policy Committee. ‘‘(e) PU B LICATION.—The Secretary shall provide for publication in the Federal R egister and the posting on the Internet website of the Office of the National Coordinator for Health Information Fed e ralR e gist er ,pub li c ati on.W eb posting. D eadline.