42 U.S.C. § 300jj–51 — Health information technology enrollment standards and protocols

1. (a)In general
   1. (1)Standards and protocolsNot later than 180 days after March 23, 2010,1 See References in Text note below. the Secretary, in consultation with the HIT Advisory Committee, shall develop interoperable and secure standards and protocols that facilitate enrollment of individuals in Federal and State health and human services programs, as determined by the Secretary.
   2. (2)MethodsThe Secretary shall facilitate enrollment in such programs through methods determined appropriate by the Secretary, which shall include providing individuals and third parties authorized by such individuals and their designees notification of eligibility and verification of eligibility required under such programs.
2. (b)ContentThe standards and protocols for electronic enrollment in the Federal and State programs described in subsection (a) shall allow for the following:
   1. (1)Electronic matching against existing Federal and State data, including vital records, employment history, enrollment systems, tax records, and other data determined appropriate by the Secretary to serve as evidence of eligibility and in lieu of paper-based documentation.
   2. (2)Simplification and submission of electronic documentation, digitization of documents, and systems verification of eligibility.
   3. (3)Reuse of stored eligibility information (including documentation) to assist with retention of eligible individuals.
   4. (4)Capability for individuals to apply, recertify and manage their eligibility information online, including at home, at points of service, and other community-based locations.
   5. (5)Ability to expand the enrollment system to integrate new programs, rules, and functionalities, to operate at increased volume, and to apply streamlined verification and eligibility processes to other Federal and State programs, as appropriate.
   6. (6)Notification of eligibility, recertification, and other needed communication regarding eligibility, which may include communication via email and cellular phones.
   7. (7)Other functionalities necessary to provide eligibles with streamlined enrollment process.
3. (c)Approval and notificationWith respect to any standard or protocol developed under subsection (a) that has been approved by the HIT Advisory Committee, the Secretary—
   1. (1)shall notify States of such standards or protocols; and
   2. (2)may require, as a condition of receiving Federal funds for the health information technology investments, that States or other entities incorporate such standards and protocols into such investments.
4. (d)Grants for implementation of appropriate enrollment HIT
   1. (1)In generalThe Secretary shall award grant 2 So in original. Probably should be “grants”. to eligible entities to develop new, and adapt existing, technology systems to implement the HIT enrollment standards and protocols developed under subsection (a) (referred to in this subsection as “appropriate HIT technology”).
   2. (2)Eligible entitiesTo be eligible for a grant under this subsection, an entity shall—
      1. (A)be a State, political subdivision of a State, or a local governmental entity; and
      2. (B)submit to the Secretary an application at such time, in such manner, and containing—
         1. (i)a plan to adopt and implement appropriate enrollment technology that includes—
            1. (I)proposed reduction in maintenance costs of technology systems;
            2. (II)elimination or updating of legacy systems; and
            3. (III)demonstrated collaboration with other entities that may receive a grant under this section that are located in the same State, political subdivision, or locality;
         2. (ii)an assurance that the entity will share such appropriate enrollment technology in accordance with paragraph (4); and
         3. (iii)such other information as the Secretary may require.
   3. (3)Sharing
      1. (A)In generalThe Secretary shall ensure that appropriate enrollment HIT adopted under grants under this subsection is made available to other qualified State, qualified political subdivisions of a State, or other appropriate qualified entities (as described in subparagraph (B)) at no cost.
      2. (B)Qualified entitiesThe Secretary shall determine what entities are qualified to receive enrollment HIT under subparagraph (A), taking into consideration the recommendations of the HIT Advisory Committee.