‘‘(iii) NOTICE OF PROPOSED AD-
DITION OR MODIFICATION TO STAND-
ARDS.—Not later than 30 days 
after the date the Secretary re-
ceives a notice from a standard 
setting organization that the or-
ganization has a proposed addi-
tion or modification to a standard 
adopted under section 1173 that 
the organization intends to sub-
mit under subparagraph (D)(iii), 
the Secretary shall publish a no-
tice in the Federal Register that 
contains, with respect to the pro-
posed addition or modification, 
the information required in the 
notice under clause (ii) with re-
spect to a preliminary draft of an 
addition or modification. 
‘‘(iv) CONSTRUCTION.—Nothing 
in this paragraph shall be con-
strued as requiring a standard 
setting organization to request 
the notices described in clauses 
(i) and (ii) with respect to an ad-
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dition or modification to a stand-
ard in order to qualify for an ex-
pedited determination under sub-
paragraph (C) with respect to a 
proposal submitted to the Sec-
retary for adoption of such addi-
tion or modification. 
‘‘(C) PROVISION
OF
EXPEDITED
DE-
TERMINATION.—Under 
the 
upgrade 
program and with respect to a pro-
posal by a standard setting organiza-
tion for an addition or modification 
to a standard adopted under section 
1173, if the Secretary determines that 
the standard setting organization de-
veloped such addition or modification 
in accordance with the requirements 
of subparagraph (D) and the National 
Committee on Vital and Health Statis-
tics recommends approval of such ad-
dition or modification under subpara-
graph (E), the Secretary shall provide 
for expedited treatment of such pro-
posal in accordance with subpara-
graph (F). 
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‘‘(D) REQUIREMENTS.—The require-
ments under this subparagraph with 
respect to a proposed addition or 
modification to a standard by a 
standard setting organization are the 
following: 
‘‘(i) REQUEST FOR PUBLICATION 
OF NOTICE.—The standard setting 
organization submits to the Sec-
retary a request for publication in 
the Federal Register of a notice 
described in subparagraph (B)(iii) 
for 
the 
proposed 
addition 
or 
modification. 
‘‘(ii) PROCESS FOR RECEIPT AND 
CONSIDERATION
OF
PUBLIC
COM-
MENT.—The standard setting orga-
nization provides for a process 
through which, after the publica-
tion of the notice referred to 
under clause (i), the organiza-
tion— 
‘‘(I) receives and responds 
to public comments submitted 
on a timely basis on the pro-
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posed addition or modifica-
tion before submitting such 
proposed addition or modi-
fication to the National Com-
mittee on Vital and Health 
Statistics under clause (iii); 
and 
‘‘(II) makes publicly avail-
able a written explanation for 
its response in the proposed 
addition or modification to 
comments 
submitted 
on 
a 
timely basis. 
‘‘(iii) SUBMITTAL OF FINAL PRO-
POSED
ADDITION
OR
MODIFICATION 
TO
NCVHS.—After completion of 
the process under clause (ii), the 
standard 
setting 
organization 
submits the proposed addition or 
modification to the National Com-
mittee on Vital and Health Statis-
tics for review and consideration 
under subparagraph (E). Such 
submission shall include informa-
tion on the organization’s compli-
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ance with the notice and com-
ment 
requirements 
(and 
re-
sponses to those comments) under 
clause (ii). 
‘‘(E) HEARING
AND
RECOMMENDA-
TIONS
BY
NATIONAL
COMMITTEE
ON 
VITAL AND HEALTH STATISTICS.—Under 
the upgrade program, upon receipt of 
a proposal submitted by a standard 
setting organization under subpara-
graph (D)(iii) for the adoption of an 
addition or modification to a stand-
ard, the National Committee on Vital 
and Health Statistics shall provide 
notice to the public and a reasonable 
opportunity for public testimony at a 
hearing on such addition or modifica-
tion. The Secretary may participate 
in such hearing in such capacity (in-
cluding presiding ex officio) as the 
Secretary 
shall 
determine 
appro-
priate. Not later than 120 days after 
the date of receipt of the proposal, 
the Committee shall submit to the 
Secretary 
its 
recommendation 
to 
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adopt (or not adopt) the proposed ad-
dition or modification. 
‘‘(F) DETERMINATION BY SECRETARY 
TO ACCEPT OR REJECT NATIONAL COM-
MITTEE
ON
VITAL
AND
HEALTH
STATIS-
TICS RECOMMENDATION.— 
‘‘(i) TIMELY
DETERMINATION.— 
Under the upgrade program, if 
the National Committee on Vital 
and Health Statistics submits to 
the Secretary a recommendation 
under subparagraph (E) to adopt 
a proposed addition or modifica-
tion, not later than 90 days after 
the date of receipt of such rec-
ommendation the Secretary shall 
make a determination to accept 
or reject the recommendation and 
shall publish notice of such deter-
mination in the Federal Register 
not later than 30 days after the 
date of the determination. 
‘‘(ii) CONTENTS
OF
NOTICE.—If 
the determination is to reject the 
recommendation, 
such 
notice 
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shall include the reasons for the 
rejection. If the determination is 
to accept the recommendation, as 
part of such notice the Secretary 
shall promulgate the modified 
standard (including the accepted 
proposed addition or modification 
accepted) as a final rule under 
this subsection without any fur-
ther notice or public comment pe-
riod. 
‘‘(iii) LIMITATION ON CONSIDER-
ATION.—The Secretary shall not 
consider a proposal under this 
subparagraph 
unless 
the 
Sec-
retary determines that the re-
quirements of subparagraph (D) 
(including publication of notice 
and opportunity for public com-
ment) have been met with respect 
to the proposal. 
‘‘(G) TREATMENT AS SATISFYING RE-
QUIREMENTS
FOR
NOTICE-AND-COM-
MENT.—Any requirements under sec-
tion 553 of title 5, United States Code, 
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relating to notice and an opportunity 
for public comment with respect to a 
final rule promulgated under sub-
paragraph (F) shall be treated as hav-
ing been met by meeting the require-
ments of the notice and opportunity 
for public comment provided under 
provisions of subparagraphs (B)(iii), 
(D), and (E). 
‘‘(H) NO JUDICIAL REVIEW.—A final 
rule 
promulgated 
under 
subpara-
graph (F) shall not be subject to judi-
cial review.’’. 
SEC. 7. REPORT ON THE AMERICAN HEALTH INFORMATION 
COMMUNITY. 
Not later than one year after the date of 
the enactment of this Act, the Secretary of 
Health and Human Services shall submit to 
Congress a report on the work conducted by 
the American Health Information Community 
(in this section referred to as ‘‘AHIC’’), as es-
tablished by the Secretary. Such report shall 
include the following: 
(1) A description of the accomplish-
ments of AHIC, with respect to the pro-
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motion of the development of a nation-
wide health information network and the 
increased adoption of health information 
technology. 
(2) Information identifying the prac-
tices that are used to protect health in-
formation and to guarantee confiden-
tiality and security of such information. 
(3) Information on the progress in— 
(A) establishing uniform industry- 
wide health information technology 
standards; 
(B) achieving an internet-based 
nationwide health information net-
work; 
(C) achieving interoperable elec-
tronic health record adoption across 
health care providers; and 
(D) 
making 
available 
techno-
logical and other innovations to en-
sure the security and confidentiality 
of health information in the pro-
motion of health information tech-
nology. 
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(4) Recommendations for the transi-
tion of the AHIC to a permanent entity, 
including— 
(A) a schedule for such transition; 
(B) options for structuring the en-
tity as either a public-private or pri-
vate sector entity; 
(C) the collaborative role of the 
Federal Government in the entity; 
and 
(D) the ongoing responsibilities of 
the entity, such as providing the lead-
ership and planning in establishing 
standards, certifying health informa-
tion technology, and providing long- 
term 
governance 
for 
health 
care 
transformation through technology. 
SEC. 8. STRATEGIC PLAN FOR COORDINATING IMPLEMEN-
TATION OF HEALTH INFORMATION TECH-
NOLOGY. 
(a) IN GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the 
Secretary of Health and Human Services, in 
consultation with public and private entities 
involved in the area of health information 
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technology, shall develop a strategic plan re-
lated to the need for coordination in such 
area. 
(b) COORDINATION OF SPECIFIC IMPLEMEN-
TATION PROCESSES.—The strategic plan under 
subsection (a) shall address the need for co-
ordination in the implementation of the fol-
lowing: 
(1) HEALTH INFORMATION TECHNOLOGY 
STANDARDS.—Health 
information 
tech-
nology standards approved under section 
271(c)(3)(B)(i) of the Public Health Serv-
ice Act, as added by section 2. 
(2) HIPAA TRANSACTION STANDARDS.— 
Transaction 
standards 
under 
section 
1173(a) of the Social Security Act (42 
U.S.C. 1320d–2(d)). 
(3) UPDATED
ICD
CODES.—The Inter-
national Statistical Classification of Dis-
eases and Related Health Problems, 10th 
revision, Clinical Modification (ICD–10– 
CM) and the International Statistical 
Classification of Diseases and Related 
Health Problems, 10th revision, Proce-
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dure Coding System (ICD–10–PCS) de-
scribed in section 5. 
(c) COORDINATION AMONG SPECIFIC FED-
ERAL ENTITIES.—The strategic plan under sub-
section (a) shall address any methods to co-
ordinate, with respect to the electronic ex-
change of health information, actions taken 
by the following entities: 
(1) The Office of the National Coordi-
nator for Health Information Technology. 
(2) The American Health Information 
Community. 
(3) The Office of Electronic Standards 
and Security of the Centers for Medicare 
and Medicaid Services. 
(4) The National Committee on Vital 
Health Statistics. 
(5) Any other entity involved in the 
electronic exchange of health informa-
tion that the Secretary determines appro-
priate. 
SEC. 9. PROMOTION OF TELEHEALTH SERVICES. 
(a) FACILITATING THE PROVISION OF TELE-
HEALTH SERVICES ACROSS STATE LINES.— 
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(1) IN
GENERAL.—The Secretary of 
Health and Human Services shall, in co-
ordination with representatives of States, 
physicians, health care practitioners, and 
patient advocates, encourage and facili-
tate the adoption of State reciprocity 
agreements for practitioner licensure in 
order to expedite the provision across 
State lines of telehealth services. 
(2) REPORT.—Not later than 18 months 
after the date of the enactment of this 
Act, the Secretary shall submit to Con-
gress a report on the actions taken to 
carry out paragraph (1). 
(3) 
STATE
DEFINED.—In 
this 
sub-
section, the term ‘‘State’’ has the meaning 
given that term for purposes of title XVIII 
of the Social Security Act. 
(b) USE
OF STORE
AND FORWARD TECH-
NOLOGY.— 
(1) STUDY.—The Secretary of Health 
and Human Services, acting through the 
Director of the Office for the Advance-
ment of Telehealth, shall conduct a study 
on the use of store and forward tech-
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