Page:United States Statutes at Large Volume 124.djvu/177

 124 STAT. 151 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(B) REPORT.—Not later than July 1, 2014, and not less than biennially thereafter, the review committee shall provide recommendations for updating and improving such standards and operating rules. The review committee shall recommend a single set of operating rules per transaction standard and maintain the goal of creating as much uni- formity as possible in the implementation of the electronic standards. ‘‘(3) INTERIM FINAL RULEMAKING.— ‘‘(A) IN GENERAL.—Any recommendations to amend adopted standards and operating rules that have been approved by the review committee and reported to the Secretary under paragraph (2)(B) shall be adopted by the Secretary through promulgation of an interim final rule not later than 90 days after receipt of the committee’s report. ‘‘(B) PUBLIC COMMENT.— ‘‘(i) PUBLIC COMMENT PERIOD.—The Secretary shall accept and consider public comments on any interim final rule published under this paragraph for 60 days after the date of such publication. ‘‘(ii) EFFECTIVE DATE.—The effective date of any amendment to existing standards or operating rules that is adopted through an interim final rule published under this paragraph shall be 25 months following the close of such public comment period. ‘‘(4) REVIEW COMMITTEE.— ‘‘(A) DEFINITION.—For the purposes of this subsection, the term ‘review committee’ means a committee chartered by or within the Department of Health and Human services that has been designated by the Secretary to carry out this subsection, including— ‘‘(i) the National Committee on Vital and Health Statistics; or ‘‘(ii) any appropriate committee as determined by the Secretary. ‘‘(B) COORDINATION OF HIT STANDARDS.—In developing recommendations under this subsection, the review com- mittee shall ensure coordination, as appropriate, with the standards that support the certified electronic health record technology approved by the Office of the National Coordi- nator for Health Information Technology. ‘‘(5) OPERATING RULES FOR OTHER STANDARDS ADOPTED BY THE SECRETARY.—The Secretary shall adopt a single set of operating rules (pursuant to the process described under sub- section (g)) for any transaction for which a standard had been adopted pursuant to subsection (a)(1)(B). ‘‘(j) PENALTIES.— ‘‘(1) PENALTY FEE.— ‘‘(A) IN GENERAL.—Not later than April 1, 2014, and annually thereafter, the Secretary shall assess a penalty fee (as determined under subparagraph (B)) against a health plan that has failed to meet the requirements under subsection (h) with respect to certification and documenta- tion of compliance with— ‘‘(i) the standards and associated operating rules described under paragraph (1) of such subsection; and Deadline.