I 
109TH CONGRESS 
2D SESSION 
H. R. 4832 
To amend the Social Security Act to establish an Office of Health Information 
Technology for the purpose of creating a national interoperable health 
information infrastructure, to provide loans to health care entities seeking 
to implement such infrastructure, and to provide exceptions to certain 
health anti-kickback laws to encourage the dissemination of health infor-
mation technology. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 1, 2006 
Mr. CLAY (for himself and Mr. PORTER) introduced the following bill; which 
was referred to the Committee on Energy and Commerce, and in addition 
to the Committee on Ways and Means, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Social Security Act to establish an Office 
of Health Information Technology for the purpose of 
creating a national interoperable health information in-
frastructure, to provide loans to health care entities seek-
ing to implement such infrastructure, and to provide 
exceptions to certain health anti-kickback laws to encour-
age the dissemination of health information technology. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Electronic Health Information Technology Act of 2006’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents 
Sec. 2. Office of Health Information Technology and standards development 
Sec. 3. National Institute of Health demonstration program 
Sec. 4. Health care provider HIT loan program 
Sec. 5. Safe harbor from anti-kickback laws for health information technology 
Sec. 6. Uniform Federal and State health information standards 
SEC. 2. OFFICE OF HEALTH INFORMATION TECHNOLOGY 
AND STANDARDS DEVELOPMENT. 
(a) IN GENERAL.—Part A of title XI of the Social 
Security Act (42 U.S.C. 1301 et seq.) is amended by add-
ing at the end the following new section: 
‘‘HEALTH INFORMATION TECHNOLOGY 
‘‘SEC. 1150A. (a) OFFICE OF HEALTH INFORMATION 
TECHNOLOGY.— 
‘‘(1) ESTABLISHMENT.—There is established 
within the Department of Health and Human Serv-
ices an Office of Health Information Technology (re-
ferred to in this section as the ‘Office’) that shall be 
headed by the Chief Health Informatics Officer of 
Health Information Technology (referred to in this 
section as the ‘Chief Health Informatics Officer’). 
The Chief Health Informatics Officer shall be ap-
pointed by the Secretary and shall report directly to 
the Secretary. The Chief Health Informatics Officer
shall be paid at a rate equal to the rate of basic pay 
for level IV of the Executive Schedule. 
‘‘(2) OBJECTIVES OF OFFICE.—In fulfilling the 
duties under paragraph (3), the work of the Chief 
Health Informatics Officer shall be consistent with 
the following objectives: 
‘‘(A) 
CONVENIENT
AVAILABILITY
OF 
HEALTH INFORMATION.—Ensuring that appro-
priate information to guide medical decisions is 
available on the date on which and at the loca-
tion in which health care is provided to an indi-
vidual. 
‘‘(B) IMPROVED HEALTH CARE.— 
‘‘(i) Improving health care quality. 
‘‘(ii) Advancing the delivery of appro-
priate evidence-based health care. 
‘‘(iii) Reducing the occurrence of med-
ical 
errors, 
inefficiency, 
inappropriate 
health care, and incomplete information. 
‘‘(iv) Reducing health costs that result 
from the occurrences referred to in clause 
(iii). 
‘‘(C) PROMOTION OF EFFECTIVE HEALTH 
CARE MARKETPLACE.—Promoting an effective 
marketplace for health care consumption, great-
er competition, and increased choice through 
the wider availability of accurate information 
about the costs, quality, and outcomes (based 
on measurable public health improvements) of 
health care. 
‘‘(D) 
IMPROVED
COORDINATION
OF 
HEALTH
CARE
INFORMATION.—Improving the 
coordination of health information among hos-
pitals, laboratories, physician offices, and ambu-
latory care providers through an effective infra-
structure for the secure and authorized ex-
change of health information. 
‘‘(E) SECURE
AND
PROTECTED
HEALTH 
INFORMATION.—Ensuring that the individually 
identifiable health information (as defined in 
section 1171(6)) of an individual is secure and 
protected. 
‘‘(3) DUTIES OF CHIEF HEALTH INFORMATICS 
OFFICER.—The Chief Health Informatics Officer 
shall perform the following duties: 
‘‘(A) DEVELOPMENT, 
IMPLEMENTATION, 
AND MODIFICATION OF UNIFORM HIT STAND-
ARDS.—Develop, implement, and modify HIT 
standards, in accordance with subsections (c), 
(d), and (e), respectively.
‘‘(B) DEVELOPMENT, MAINTENANCE, AND 
IMPLEMENTATION
OF
INTEROPERABLE
HIT 
STRATEGIC PLAN.—Develop, maintain, and di-
rect the implementation of an interoperable 
HIT strategic plan (described in paragraph (4)) 
to guide the nationwide implementation of 
interoperable health information technology in 
the public and private health care sectors. 
‘‘(C) 
PRINCIPAL
ADVISOR
TO
SEC-
RETARY.—Serve as the principal advisor to the 
Secretary on the development and use of health 
information technology. 
‘‘(D) DIRECTOR OF HHS HEALTH INFOR-
MATION TECHNOLOGY PROGRAMS.—Direct any 
programs related to health information tech-
nology that are conducted by the Secretary. 
‘‘(E) COORDINATOR OF FEDERAL HEALTH 
INFORMATION
POLICY
AND
ACTIVITIES.—Co-
ordinate health information technology policies 
of the Department of Health and Human Serv-
ices and activities related to the transmission, 
integrity, and security of health information 
conducted by the Secretary with such policies 
and activities of Federal agencies to avoid du-
plication of effort and to ensure that each such
agency performs activities within the area of 
the greatest expertise and technical capability 
of such agency. 
‘‘(F) COORDINATOR
OF
OUTREACH
AND 
CONSULTATION.—Coordinate programs of Fed-
eral agencies that are related to health informa-
tion technology outreach and consultation by 
such agencies with public and private entities, 
including consumers, providers, payers, and ad-
ministrators. 
‘‘(G) COORDINATOR FOR PLANS FOR PRI-
VATE
SECTOR
HEALTH
INFORMATION
TECH-
NOLOGY.—Coordinate plans for Federal efforts 
to develop and implement interoperable HIT 
standards for private sector physicians and 
other health professionals who use electronic 
health records, electronic prescribing systems, 
evidence-based clinical support tools, patient 
registries, or other health information tech-
nology. 
‘‘(H) ADVISOR TO OMB.—Provide to the 
Director of the Office of Management and 
Budget comments and advice with respect to 
specific health information technology pro-
grams.
‘‘(I) ADMINISTRATOR
OF
GRANTS
PRO-
GRAM.—Administer the HIT standards grants 
program under subsection (j). 
‘‘(4) INTEROPERABLE HIT STRATEGIC PLAN.— 
‘‘(A) 
DESCRIPTION.—For 
purposes 
of 
paragraph (3)(B), an interoperable HIT stra-
tegic plan is a plan that is consistent with the 
following: 
‘‘(i) ADVANCEMENT
OF
HIT
STAND-
ARDS.—Advances the development and na-
tional implementation of HIT standards 
through the collaboration of public and pri-
vate interests, and consistent with efforts 
in existence before the date of the enact-
ment of this section. 
‘‘(ii) ACKNOWLEDGEMENT
OF
CER-
TAIN ISSUES INVOLVED IN ADOPTION OF 
STANDARDS.—Ensures that the main tech-
nical, scientific, economic, and other issues 
affecting the adoption of HIT standards 
(in the public and private sectors) are ad-
dressed. 
‘‘(iii) EVALUATION OF BENEFITS AND 
COSTS
OF
INTEROPERABLE
HEALTH
IN-
FORMATION TECHNOLOGY.—Evaluates the
benefits and costs of interoperable health 
information technology and identifies the 
persons affected by such benefits and 
costs. 
‘‘(iv) ACKNOWLEDGEMENT
OF
PRI-
VACY
AND
SECURITY
ISSUES.—Addresses 
the issues of privacy and security related 
to interoperable health information tech-
nology and recommends methods to ensure 
appropriate authorization, authentication, 
and encryption of data transmission over 
the Internet. 
‘‘(v) SELF-SUFFICIENT
PLAN.—Does 
not assume or depend upon Federal re-
sources or spending that is in addition to 
resources and spending authorized under 
the Electronic Health Information Tech-
nology Act of 2006 to accomplish the 
adoption of HIT standards and an inter-
operable health information technology in-
frastructure. 
‘‘(vi) 
MEASURABLE
OUTCOME 
GOALS.—Includes 
measurable 
outcome 
goals, such as for determining error reduc-
tions in patient care and economic benefits
derived from the use of interoperable 
health information technology. 
‘‘(B) REPORTS.—Not later than 180 days 
after the date of the appointment of the Chief 
Health Informatics Officer, and periodically 
thereafter, the Chief Health Informatics Officer 
shall submit to the Secretary a report on the 
progress of the development and implementa-
tion of the interoperable HIT strategic plan. 
‘‘(b) LIMITATION ON USE OF FEDERAL FUNDS TO 
PURCHASE HEALTH INFORMATION TECHNOLOGY PROD-
UCTS.— 
‘‘(1) IN
GENERAL.—Effective as provided in 
paragraphs (1)(B) and (2)(C) of subsection (d), no 
Federal funds (including grants provided under sub-
section (j)) may be used for the purchase (or up-
date) of a health information technology product un-
less the product (or update) is certified by the entity 
selected under paragraph (2) as complying with HIT 
standards in effect on the date of certification. 
‘‘(2) SELECTION OF CERTIFICATION ENTITY.— 
For purposes of paragraph (1) and subject to para-
graph (3), the Secretary shall enter into a contract 
with an entity to certify that a health information 
technology product (or update) meets HIT stand-
ards implemented under subsection (d). For pur-
poses of the preceding sentence, the Secretary may 
enter into a contract with a private entity, including 
the Certification Commission for Healthcare Infor-
mation Technology. 
‘‘(3) CONTRACTING EXCEPTION.—For purposes 
of paragraph (2) and subsection (c)(3), the Sec-
retary may enter into a contract with the Certifi-
cation Commission for Healthcare Information Tech-
nology for purposes of such paragraph or such sub-
section, but not for both. 
‘‘(c) DEVELOPMENT OF HIT STANDARDS.— 
‘‘(1) 
REQUIREMENTS.—The 
Chief 
Health 
Informatics Officer shall provide for the development 
of HIT standards. Such standards shall comply with 
the following: 
‘‘(A) INTEROPERABILITY.—The standards 
shall provide for interoperability among health 
information systems. 
‘‘(B) 
APPLICATION
TO
ELECTRONIC 
TRANSACTIONS
AND
TRANSMISSIONS.—The 
standards shall apply to electronic transactions 
and transmissions of health information, to the 
content of such transactions and transmissions, 
and to the data elements of such transactions
and transmissions, including standards for se-
curity and coding of electronic health informa-
tion created for the purpose of establishing an 
interoperable health information infrastructure. 
‘‘(C) 
PROPRIETARY
NEUTRALITY.—The 
standards shall not restrict, sponsor, promote, 
or prejudice in any other way the certification 
of health information technology products ac-
cording to brand, product line, or vendor. 
‘‘(D) PATIENT SAFETY AND QUALITY OF 
CARE.—The standards shall be consistent with 
the objectives of improving patient safety and 
the quality of care provided to patients. 
‘‘(E) NO UNDUE BURDEN.—The standards 
shall not, to the extent practicable, impose an 
undue administrative or financial burden on the 
practice of medicine, or any other health care 
profession, particularly on small physician prac-
tices and practices located in rural areas. 
‘‘(F) COMPATIBILITY WITH HIPAA PRIVACY 
LAWS.—The standards shall be consistent with 
the standards under section 264(c) of the 
Health Insurance Portability and Accountability 
Act of 1996 (42 U.S.C. 1320d–2 note) (con-
cerning the privacy of individually identifiable 
health information). 
‘‘(2) ACCESS
RESTRICTION
STANDARDS.—The 
Chief Health Informatics Officer shall establish 
standards to restrict access of public and private en-
tities to health information transferred, used, or 
stored by health information technology. 
‘‘(3) CONTRACTING
AUTHORITY.—Subject to 
subsection (b)(3), the Chief Health Informatics Offi-
cer may enter into a contract with the Certification 
Commission for Healthcare Information Technology, 
or any other appropriate certification entity, to de-
velop HIT standards, access restriction standards 
described in paragraph (2), or both. 
‘‘(4) HIT STANDARDS DEFINED.—For purposes 
of this section, the term ‘HIT standards’ means 
standards related to the transmission, integrity, and 
security of health information. 
‘‘(d) IMPLEMENTATION OF HIT STANDARDS.— 
‘‘(1) CONSOLIDATED
HEALTH
INFORMATICS 
COUNCIL STANDARDS IN EXISTENCE BEFORE DATE 
OF ENACTMENT.— 
‘‘(A) IN
GENERAL.—Not later than one 
year after the date of the enactment of this sec-
tion, the Chief Health Informatics Officer shall
implement all standards that were developed, 
implemented, or modified by the Consolidated 
Health Informatics Council before such date of 
enactment. 
‘‘(B) EFFECTIVE DATES.— 
‘‘(i) FEDERAL
AGENCIES.—For pur-
poses of subsection (b) and not later than 
the date that is 30 days after the date on 
which HIT standards are implemented 
under subparagraph (A), such standards 
shall apply to a Federal agency. 
‘‘(ii) NON-FEDERAL
AGENCIES.—For 
purposes of subsection (b) and not later 
than 18 months after the date of the en-
actment of the Electronic Health Informa-
tion Technology Act of 2006, the HIT 
standards implemented under subpara-
graph (A) shall apply to an entity that is 
not a Federal agency. 
‘‘(2) STANDARDS DEVELOPED AFTER DATE OF 
ENACTMENT.— 
‘‘(A) IN
GENERAL.—The Chief Health 
Informatics Officer shall implement, in accord-
ance with subparagraph (B), each HIT stand-
ard developed under subsection (c) or modified
under subsection (e) unless the Chief Health 
Informatics Officer determines that the stand-
ard would not be effective in promoting an 
interoperable health information technology in-
frastructure. 
‘‘(B) REGULATIONS.—For purposes of 
subparagraph (A), the Secretary shall establish 
guidelines for determining if a standard would 
not be effective in promoting an interoperable 
health information technology infrastructure 
and for specifying dates by which the Chief 
Health Informatics Officer is required to make 
a determination under such subparagraph be-
fore standards developed under subsection (c) 
or modified under subsection (e) shall be imple-
mented. 
‘‘(C) EFFECTIVE DATES.— 
‘‘(i) FEDERAL
AGENCIES.—For pur-
poses of subsection (b) and not later than 
18 months after the date on which a HIT 
standard is implemented under subpara-
graph (A), such standard shall apply to a 
Federal agency. 
‘‘(ii) NON-FEDERAL
AGENCIES.—For 
purposes of subsection (b) and not later
than 24 months after the date on which a 
HIT standard is implemented under sub-
paragraph (A), such standard shall apply 
to an entity that is not a Federal agency. 
‘‘(3) DOCUMENTATION
OF
COMPLIANCE.—On 
the date of the implementation of a HIT standard 
under this subsection, the Chief Health Informatics 
Officer shall provide documentation to the Secretary 
showing that the standard complies with each re-
quirement under subsection (c)(1). 
‘‘(e) MODIFICATION
OF STANDARDS.—The Chief 
Health Informatics Officer may modify, according to a 
procedure established by the Chief Health Informatics Of-
ficer, a HIT standard implemented under subsection (d). 
A standard modified under this subsection shall be imple-
mented in accordance with such subsection. 
‘‘(f) AUTHORITY TO WAIVE COMPLIANCE.— 
‘‘(1) 
IN
GENERAL.—The 
Chief 
Health 
Informatics Officer may waive the application of 
HIT standards implemented under subsection (d) 
for not more than a one-year period, on a case-by- 
case basis, in unusual or extreme circumstances. 
‘‘(2) REPORTS.—Not later than 60 days after 
the date on which the Chief Health Informatics Offi-
cer makes such a waiver, the Chief Health
Informatics Officer shall submit to Congress a re-
port stating the purpose and circumstances justi-
fying the waiver. 
‘‘(g) PENALTIES.— 
‘‘(1) FEDERAL AGENCIES.—The Director of the 
Office of Management and Budget shall develop and 
implement a system to enforce compliance with HIT 
standards implemented under subsection (d). Such 
system shall include appropriate budgetary pen-
alties— 
‘‘(A) for a Federal agency that is not in 
compliance with such standards and has not re-
ceived a waiver under subsection (f)(1); and 
‘‘(B) for a Federal agency that has re-
ceived a waiver under subsection (f)(1) but, 
starting on a date that is after the date on 
which the waiver terminates, is not in compli-
ance with such standards. 
‘‘(2) NON-FEDERAL ENTITIES.—An entity that 
is not a Federal agency shall no longer receive Fed-
eral funds for purposes of purchasing a health infor-
mation technology product if— 
‘‘(A) such entity is in violation of sub-
section (b) and has not received a waiver under 
subsection (f)(1); or
‘‘(B) such entity has received a waiver 
under subsection (f)(1) but starting on a date 
that is after the date on which the waiver ter-
minates the entity is not in compliance with 
HIT standards implemented under subsection 
(d). 
‘‘(h) CONSULTATION AND RECOMMENDATIONS.—For 
purposes of developing HIT standards under subsection 
(c) and modifying such standards under subsection (e), 
the following applies: 
‘‘(1) 
STAKEHOLDER
CONSULTATION.—The 
Chief Health Informatics Officer, in accordance with 
subchapter II of chapter 5 and chapter 7 of title 5, 
United States Code (popularly known as the Admin-
istrative Procedure Act), shall consult with Federal 
agencies and private entities that are involved in the 
transfer or collection of health information, includ-
ing agencies of the Federal Health Architecture, 
members of the Consolidated Health Informatics 
Council, physicians, hospitals, health care delivery 
systems, health insurance providers, pharmaceutical 
and biologics manufacturers, medical device manu-
facturers, information technology vendors, patient 
groups, private standards-setting organizations, pub-
lic health interest groups, and other health care pro-
fessionals 
determined 
by 
the 
Chief 
Health 
Informatics Officer necessary to the process of devel-
oping and modifying such standards. 
‘‘(2) NATIONAL
COMMITTEE
ON
VITAL
AND 
HEALTH STATISTICS RECOMMENDATIONS.—Not later 
than the date that is one year after the date of the 
enactment of this section, and each year thereafter, 
the National Committee on Vital and Health Statis-
tics shall submit to the Chief Health Informatics Of-
ficer recommendations for activities to advance the 
development and modification of HIT standards. 
‘‘(i) TREATMENT OF STATE HIT STANDARDS.—A 
standard implemented under subsection (d) for application 
to electronic transfers or transactions described in sub-
section (c)(1)(B) shall supersede any standard prescribed 
by a State or local government for a similar application. 
‘‘(j) HIT GRANTS PROGRAM.— 
‘‘(1) ESTABLISHMENT
OF
PROGRAM.—In ac-
cordance with this subsection and subject to para-
graph (3) and subsection (m), the Chief Health 
Informatics Officer shall award one-year grants to 
eligible health information technology entities whose 
applications under paragraph (2) demonstrate a pro-
posal that will benefit an interoperable health infor-
mation technology infrastructure and is consistent 
with the mission of such an entity. 
‘‘(2) APPLICATION.—To be eligible for an 
award of a grant under this section, an eligible 
health information technology entity shall submit to 
the Secretary an application that contains a descrip-
tion of how the applicant proposes to use the grant 
funds. The application shall be submitted in such 
form, at such time, and containing such other infor-
mation as the Chief Health Informatics Officer may 
require. 
‘‘(3) SET-ASIDES FOR DSH QUALIFYING FACILI-
TIES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
use at least 20 percent of the funds authorized 
under subsection (m) for purposes of this sec-
tion to award grants under paragraph (1) to el-
igible health information technology entities, 
which are DSH qualifying facilities. 
‘‘(B) DSH 
QUALIFYING
FACILITY
DE-
FINED.—For purposes of subparagraph (A), the 
term ‘DSH qualifying facility’ means any of the 
following: 
‘‘(i) MEDICARE
DISPROPORTIONATE 
SHARE HOSPITAL.—A hospital that quali-
fies for an additional payment under sec-
tion 1886(d)(4)(F). 
‘‘(ii) MEDICAID
DISPROPORTIONATE 
SHARE HOSPITAL.—A hospital that quali-
fies for an increase in the rate or amount 
of payment for inpatient hospital services 
under section 1923(a). 
‘‘(iii) PROVIDER
SERVING
A
MEDI-
CALLY
UNDERSERVED
POPULATION.—A 
health care provider that serves a medi-
cally underserved population, as defined in 
section 330(a)(3) of the Public Health 
Service Act. 
‘‘(iv) CRITICAL ACCESS HOSPITAL.—A 
facility designated as a critical access hos-
pital 
in 
accordance 
with 
section 
1820(c)(2). 
‘‘(4) PERMISSIBLE USE OF GRANTS.—A grant 
awarded under paragraph (1) may be used by an eli-
gible health information technology entity only for 
purposes of the proposal submitted by such entity 
under paragraph (2). 
‘‘(5) EXTENSION OF GRANTS.—Upon the expi-
ration of a grant awarded to an eligible health infor-
mation technology entity under paragraph (1) and
the request of such entity, the Chief Health 
Informatics Officer, in accordance with procedures 
established by the Chief Health Informatics Officer, 
may extend the duration of the grant once by one 
year if the Chief Health Informatics Officer deter-
mines that the programs established and imple-
mented by such group with the grant resulted in (or 
are likely to result in) significant progress in bene-
fiting an interoperable health information technology 
infrastructure. 
‘‘(6) DEFINITION OF ELIGIBLE HEALTH INFOR-
MATION
TECHNOLOGY
ENTITY.—For purposes of 
this subsection, the term ‘eligible health information 
technology entity’ means an entity of a State or local 
government or a private entity that seeks (and has 
the capacity) to participate in the research, develop-
ment, or implementation of HIT standards. Such 
term includes a health care provider, whether or not 
the provider participates under title XVIII or XIX, 
a health insurance issuer, and a group health plan. 
‘‘(k) PROGRESS AND COMPLIANCE REPORTS.— 
‘‘(1) 
BIENNIAL
PROGRESS
REPORTS.—The 
Chief Health Informatics Officer shall submit to 
Congress biennial reports on the progress of the de-
velopment and implementation of HIT standards.
‘‘(2) ANNUAL
COMPLIANCE
REPORTS.—The 
Chief Health Informatics Officer shall submit to 
Congress an annual report that assesses the compli-
ance of all Federal Health Architecture agencies 
with HIT standards. 
‘‘(3) ADMINISTRATIVE PROVISIONS.—For pur-
poses of paragraphs (1) and (2), the Chief Health 
Informatics Officer shall specify dates on which such 
reports shall be submitted under such paragraphs, 
the periods during which progress or compliance 
shall be assessed under such paragraphs, and a 
method for assessing such progress or compliance, 
respectively. 
‘‘(4) BI-ANNUAL GAP ASSESSMENT.— 
‘‘(A) IN GENERAL.—Starting on the date 
that is one year after the date of the enactment 
of this section, the Chief Health Informatics 
Officer shall request the Institute of Medicine 
to enter into an agreement with the Officer 
under which such Institute conducts a bi-annual 
assessment that identifies problems that present 
barriers to adaptation of HIT standards imple-
mented during the period of such assessment. 
Such assessment shall—
‘‘(i) analyze the impact and effective-
ness of such standards; 
‘‘(ii) identify the costs and long-term 
savings to Federal agencies of complying 
with such standards during the period of 
the assessment; 
‘‘(iii) identify the impact of such 
standards on patient safety, on the quality 
of medical care provided to patients, and 
on mortality rates; 
‘‘(iv) identify significant administra-
tive or business practice efficiencies and in-
efficiencies that result from the implemen-
tation of such standards; 
‘‘(v) identify ways to improve methods 
of developing and implementing such 
standards in public and private sectors; 
and 
‘‘(vi) recommend requirements and 
guidelines for future research and develop-
ment of such standards. 
‘‘(B) REPORT.—Not later than 60 days 
after the last day of each period of semi-annual 
assessment conducted under subparagraph (A),
the Secretary shall submit to Congress a report 
on the findings of such assessment. 
‘‘(l) DEFINITIONS.—For purposes of this section: 
‘‘(1) HEALTH INFORMATION.—The term ‘health 
information’ has the meaning given such term in 
section 1171(4). 
‘‘(2) HEALTH
INFORMATION
TECHNOLOGY.— 
The term ‘health information technology’ means 
products, devices, or systems that allow for the elec-
tronic collection, storage, exchange, or management 
of health information. 
‘‘(3) HEALTH
CARE
PROVIDER.—The term 
‘health care provider’ means— 
‘‘(A) a health care provider defined in sec-
tion 1171(3), including a critical access hos-
pital; and 
‘‘(B) a federally qualified health center de-
fined in section 1861(aa)(4). 
‘‘(4) INTEROPERABILITY.—The term ‘interoper-
ability’ means the ability of different information 
systems and software applications to communicate 
and to exchange information accurately, effectively, 
and consistently. 
‘‘(5) FEDERAL
AGENCY.—The term ‘Federal 
agency’ means a department or agency of the Fed-
eral Government that possesses, uses, or transfers 
health information. 
‘‘(6) FEDERAL HEALTH ARCHITECTURE.—The 
term ‘Federal Health Architecture’ means the entity 
overseen by the Secretary and the Director of the 
Office of Management and Budget and administered 
by the National Coordinator for Health Information 
Technology pursuant to Executive Order 13335 to 
provide the structure for collaboration and interoper-
ability among Federal health efforts. 
‘‘(7) CONSOLIDATED
HEALTH
INFORMATICS 
COUNCIL.—The 
term 
‘Consolidated 
Health 
Informatics Council’ means the initiative overseen by 
the Secretary and the Director of the Office of Man-
agement and Budget and administered by the Na-
tional Coordinator for Health Information Tech-
nology pursuant to Executive Order 13335 to adopt 
existing health information interoperability stand-
ards. 
‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated such funds as are nec-
essary, but not more than $750,000,000, for each of fiscal 
years 2007 through 2011 to carry out this section. Of such 
amounts made available for a fiscal year, the Secretary 
shall allocate—