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B-332758 1 (2020-12-02)

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c)AO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC  20548


B-332758


December  2, 2020

The Honorable  Lamar Alexander
Chairman
The Honorable  Patty Murray
Ranking Member
Committee  on Health, Education, Labor, and Pensions
United States Senate

The Honorable  Frank Pallone, Jr.
Chairman
The Honorable Greg  Walden
Ranking Member
Committee  on Energy and Commerce
House  of Representatives

Subject: Department of Health and Human Services, Office of the Secretary: Information
        Blocking and the ONC Health IT Certification Program: Extension of Compliance Dates
        and Timeframes in Response  to the COVID-19 Public Health Emergency

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Health and Human Services, Office of the Secretary (HHS)
entitled Information Blocking and the ONC Health IT Certification Program: Extension of
Compliance  Dates and Timeframes in Response to the COVID-19  Public Health Emergency
(RIN: 0955-AA02). We  received the rule on November 23, 2020. It was published in the
Federal Register as an interim final rule with comment period on November 4, 2020. 85 Fed.
Reg. 70064.  HHS  opened a comment  period closing on January 4, 2021. The effective date of
the rule is December 4, 2020.

According to HHS, the interim final rule gives health IT developers and health care providers
flexibilities to effectively respond to the public health threats posed by the spread of the
coronavirus disease 2019 (COVID-19). Recognizing the urgency of this situation, and
understanding that caring for patients with COVID-19 is of utmost importance, HHS stated it is
issuing the interim final rule to extend certain compliance dates and timeframes adopted in the
21st Century Cures Act: Interoperability, Information Blocking, and the ONC Health IT
Certification Program Final Rule (ONC Cures Act Final Rule), including compliance and
applicability dates for the information blocking provisions, certain 2015 Edition health IT
certification criteria, and Conditions and Maintenance of Certification requirements under the
ONC  Health IT Certification Program (Program). HHS also stated the interim final rule makes
programmatic changes  to the Program by updating standards. HHS further stated the interim
final rule also makes corrections and clarifications to the ONC Cures Act Final Rule.

The Congressional Review Act (CRA)  requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,

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