tion’s regional health information technology 
plan. 
(E) GEOGRAPHIC EXCLUSIVITY.—The Sec-
retary may not approve a regional health infor-
mation technology plan under this paragraph if 
the plan applies to a geographic area for which 
the Secretary has already approved a regional 
health information technology plan under this 
paragraph, irrespective of whether the approved 
regional health information technology plan was 
submitted by a grantee under subparagraph (A) 
or by an organization under subparagraph (B). 
(5) SELECTION.—In selecting grant recipients 
under this section, the Secretary shall take into ac-
count— 
(A) existing technological and organiza-
tional infrastructure upon which the health in-
formation network can build; 
(B) the extent of stakeholder participation; 
(C) health care provider participation com-
mitments; 
(D) capacity to measure quality and effi-
ciency improvements; 
(E) replicability;
(F) the extent of the opportunity for a 
plan to improve health care quality and the 
health outcomes of patients in the region to be 
served; 
(G) the extent to which an applicant in-
tends to develop a regional health information 
technology plan that covers a complete medical 
market area (as defined by the Secretary); 
(H) the extent to which an applicant’s pro-
posed network will allow the exchange of ma-
chine-computable data among providers; 
(I) geographical diversity of grantees; and 
(J) such other factors as the Secretary 
considers relevant. 
(b) PRIVACY PROTECTIONS.— 
(1) IN GENERAL.—Any health information net-
work funded in whole or in part under this section 
shall— 
(A) comply with the privacy protections of 
regulations promulgated pursuant to section 
264(c) of the Health Insurance Portability and 
Accountability Act of 1996 (Public Law 104– 
191; 110 Stat. 2033); and
(B) allow patients to exclude their health 
information from the health information net-
work. 
(2) UNAUTHORIZED DISCLOSURE.—In the event 
of the unauthorized access to or disclosure of indi-
vidually identifiable patient health information by or 
through a health information network funded in 
whole or in part under this section, the operator of 
such network shall— 
(A) report the conditions of such unauthor-
ized access or disclosure to the Secretary in 
such manner as the Secretary requires; and 
(B) provide notice to any individuals whose 
patient health information may have been com-
promised in violation of this subsection as a re-
sult of such unauthorized access or disclosure. 
(c) APPLICATION.—To seek a grant under this sec-
tion, an applicant shall submit an application to the Sec-
retary in such form, in such manner, and containing such 
information and assurances as the Secretary may require. 
(d) TECHNICAL ASSISTANCE.— 
(1) IN GENERAL.—The Secretary shall provide 
to regional health information organizations such 
technical assistance as the Secretary deems appro-
priate to carry out this section, including assistance
relating to questions of governance, financing, and 
technological approaches to the creation of health in-
formation networks. 
(2) NATIONAL
TECHNICAL
ASSISTANCE
CEN-
TER.— 
(A) ESTABLISHMENT.—The Director of 
the Agency for Healthcare Research and Qual-
ity shall by contract or grant establish and 
maintain a national technical assistance center 
to provide assistance to physicians described in 
subparagraph (B) to facilitate successful adop-
tion of health information technologies and par-
ticipation in the development and implementa-
tion of regional health information technology 
plans by such physicians. 
(B) PHYSICIANS.—The national technical 
assistance center shall provide assistance to 
physicians in geographical areas served by a 
health information network that has been ac-
credited or provisionally accredited under sub-
section (e). 
(C) PRIORITY.—In providing assistance to 
physicians under this paragraph, the national 
technical assistance centers shall—