251 
other entities offering qualified electronic 
health records with respect to which cer-
tification has been withdrawn under clause 
(ii) during such year. 
‘‘(iv) PERIODIC
REVIEW.—The Sec-
retary shall periodically review and confirm 
that vendors of and other entities offering 
qualified electronic health records have 
publicly published application program-
ming interfaces and associated documenta-
tion as required by clause (i)(II) for pur-
poses of certification and maintaining cer-
tification under any program kept or rec-
ognized under subparagraph (A). 
‘‘(v) 
PRICING
INFORMATION.—For 
purposes of clause (i)(I)(bb), the pricing 
information described in this clause, with 
respect to a vendor of or other entity offer-
ing a qualified electronic health record, is 
the following: 
‘‘(I) Additional types of costs or 
fees (whether fixed, recurring, trans-
action based, or otherwise) imposed by 
the entity (or any third-party from 
whom the entity purchases, licenses, 
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252 
or obtains any technology, products, 
or services in connection with the 
qualified electronic health record) to 
purchase, license, implement, main-
tain, upgrade, use, or otherwise enable 
and support the use of capabilities to 
which such record is to be certified 
under this section; or in connection 
with any data generated in the course 
of using any capability to which the 
record is to be so certified. 
‘‘(II) Limitations, whether by 
contract or otherwise, on the use of 
any capability to which the record is 
to be certified under this section for 
any purpose within the scope of the 
record’s certification; or in connection 
with any data generated in the course 
of using any capability to which the 
record is to be certified under this 
section. 
‘‘(III) 
Limitations, 
including 
technical or practical limitations of 
technology or its capabilities, that 
could prevent or impair the successful 
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253 
implementation, 
configuration, 
customization, maintenance, support, 
or use of any capabilities to which the 
record is to be certified under this 
section; or that could prevent or limit 
the use, exchange, or portability of 
any data generated in the course of 
using any capability to which the 
record is to be so certified.’’. 
(2) ADDITIONAL
ENFORCEMENT
PROVISIONS 
UNDER THE PUBLIC HEALTH SERVICE ACT.—Sub-
title A of title XXX of the Public Health Service Act 
(42 U.S.C. 300jj–11 et seq.), as amended by sub-
section (a)(1), is further amended by adding at the 
end the following new section: 
‘‘SEC. 3010A. ENFORCEMENT MECHANISMS. 
‘‘(a) INSPECTOR GENERAL AUTHORITY.—The In-
spector General of the Department of Health and Human 
Services shall have the authority to investigate claims of— 
‘‘(1) vendors of, or other entities offering, quali-
fied electronic health records— 
‘‘(A) being in violation of an attestation 
made under section 3001(c)(5)(C)(i)(I), with 
respect to the use of such records by a health 
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254 
care provider under a specified meaningful use 
incentive program; and 
‘‘(B) having engaged in information block-
ing (as defined in subsection (f)), unless for a 
legitimate purpose specified by the Secretary, 
with respect to the use of such records by a 
health care provider under such a program; 
‘‘(2) health care providers, with respect to the 
use of such records under a specified meaningful use 
incentive program, having, unless for a legitimate 
purpose specified by the Secretary, engaged in infor-
mation blocking (as so defined); 
‘‘(3) health information system providers de-
scribed in subsection (b) having engaged in informa-
tion blocking (as so defined), unless for a legitimate 
purpose specified by the Secretary, with respect to 
the use of such records under a specified meaningful 
use incentive program; and 
‘‘(4) vendors of, or other entities offering, 
health information technology (other than technology 
described in paragraph (1)), health care providers, 
with respect to the use of such technology, and 
health information system providers, with respect to 
such technology, unless for a legitimate purpose 
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specified by the Secretary, having engaged in infor-
mation blocking (as so defined). 
‘‘(b) HEALTH INFORMATION SYSTEM PROVIDERS.— 
The Inspector General of the Department of Health and 
Human Services shall, in coordination with the Federal 
Trade Commission, ensure that health information system 
providers (such as operators of health information ex-
changes and other systems that facilitate the exchange of 
information) investigate claims of information blocking, 
with respect to the use of such records under a specified 
meaningful use incentive program. 
‘‘(c) INFORMATION SHARING PROVISIONS.— 
‘‘(1) IN GENERAL.—The National Coordinator 
may serve as a technical consultant to the Inspector 
General of the Department of Health and Human 
Services and the Federal Trade Commission for pur-
poses of carrying out this section. As such technical 
consultant, the National Coordinator may, notwith-
standing any other provision of law, share informa-
tion related to claims or investigations under sub-
section (a) or (b) with the Inspector General and 
Federal Trade Commission for purposes of such in-
vestigations. 
‘‘(2) PROTECTION
FROM
DISCLOSURE
OF
IN-
FORMATION.—Any information shared by the Na-
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