Page:United States Statutes at Large Volume 123.djvu/262

 123STA T . 2 4 2 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9dateof t h ee n a c t m ent of th is tit l e shall b et r ansferred to the N ational C oordinator a p pointed u nder section 30 0 1( a ) and the O ffice of such National Coordinator as of the date of the enactment of this title .‘ ‘(b) N ATION A LEHE ALT H COLLA B O R ATI V E. — Nothin g in sections 300 2 or 3003 or this subsection shall be construed as prohibiting the A H I C S uccessor , Inc. doing business as the National eHealth Collaborati v e from modif y ing its charter, duties, membership, and any other structure or function re q uired to be consistent w ith section 3002 and 3003 so as to allow the Secretary to recogni z e such AHIC Successor, Inc. as the HI TP olicy Committee or the HIT Standards Committee. ‘‘(c) CON S ISTEN CY O FR ECO M MEN D ATIONS.—In carrying out sec - tion 3003(b)(1)(A), until recommendations are made by the HIT Policy Committee, recommendations of the HIT Standards Com- mittee shall be consistent with the most recent recommendations made by such AHIC Successor, Inc. ‘ ‘ SEC.30 0 9 . MI SCE L L AN E OU S PR O V ISIONS. ‘‘(a) RELATION TO HIPAA PRIVACY AND SEC U RITY L A W .— ‘‘(1) IN G ENERAL.— W ith respect to the relation of this title to HIPAA privacy and security law ‘‘(A) This title may not be construed as having any effect on the authorities of the Secretary under HIPAA privacy and security law. ‘‘( B ) The purposes of this title include ensuring that the health information technology standards and implementation specifications adopted under section 300 4 ta k e into account the requirements of HIPAA privacy and security law. ‘‘(2) D EFINITION.— F or purposes of this section, the term ‘HIPAA privacy and security law ’ means— ‘‘(A) the provisions of part C of title X I of the Social Security Act, section 2 6 4 of the Health Insurance Port- ability and Accountability Act of 1 9 96, and subtitle D of title I V of the Health Information Technology for Economic and Clinical Health Act and ‘‘(B) regulations under such provisions. ‘‘(b) FLE X IBILITY.—In administering the provisions of this title, the Secretary shall have fle x ibility in applying the definition of health care provider under section 3000(3), including the authority to omit certain entities listed in such definition when applying such definition under this title, where appropriate.’’. SEC. 1 310 2 . T EC H NICAL AMEN D MENT. Section 11 7 1( 5 ) of the Social Security Act (42 U .S.C. 1320d) is amended by striking ‘‘or C’’ and inserting ‘‘C, or D’’. PART2— APP LIC ATI ON AN DUSE O F ADOPTED H EALTH INFOR M ATION TECHNOLO GY STANDARDS REPORTS SEC. 13111. COORDINATION O F FEDERAL ACTIVITIES W ITH ADOPTED STANDARDS AND IMPLEMENTATION SPECIFICATIONS. (a) S P ENDING ON HEALTH INFORMATION TECHNOLOGY SYS- TEMS.—As each agency (as defined by the Director of the Office of M anagement and Budget, in consultation with the Secretary 42USC1790 1 . 42 USC 3 00 j j – 19.