[Federal Register Volume 85, Number 234 (Friday, December 4, 2020)]
[Rules and Regulations]
[Pages 78236-78237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26666]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
45 CFR Part 170
RIN 0955-AA02
Information Blocking and the ONC Health IT Certification Program:
Extension of Compliance Dates and Timeframes in Response to the COVID-
19 Public Health Emergency; Correction
AGENCY: Office of the National Coordinator for Health Information
Technology (ONC), Department of Health and Human Services (HHS).
ACTION: Final rule; correction.
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SUMMARY: This document corrects typographical errors found in the
interim final rule entitled ``Information Blocking and the ONC Health
IT Certification Program: Extension of Compliance Dates and Timeframes
in Response to the COVID-19 Public Health Emergency'' that was
published in the Federal Register on November 4, 2020.
DATES: The corrections in this document are effective on December 4,
2020.
FOR FURTHER INFORMATION CONTACT: Michael Lipinski, Office of Policy,
National Coordinator for Health Information Technology, 202-690-7151.
SUPPLEMENTARY INFORMATION:
I. Background
This document corrects typographical errors found in the interim
final rule entitled ``Information Blocking and the ONC Health IT
Certification Program: Extension of Compliance Dates and Timeframes in
Response to the COVID-19 Public Health Emergency,'' (Federal Register
document 2020-24376) (85 FR 70064), that was published in the Federal
Register on November 4, 2020. We summarize and correct these errors in
the ``Summary of Errors'' and ``Corrections of Errors'' sections below.
II. Summary of Errors
A. Standardized API for Patient and Population Services
As discussed in the preamble of the interim final rule, page 70077,
second column, top of page, we stated that we added a new paragraph at
Sec. 170.315(g)(10)(v)(A)(1)(iii). However, in the amendatory
instruction for the regulation text, we inadvertently added the wrong
citation. In amendatory instruction 11.b., on page 70083, the words
``Adding paragraph (g)(10)(iv)(A)(1)(iii)'' should have read ``Adding
paragraph (g)(10)(v)(A)(1)(iii).'' We are correcting the error by
including the correct citation in this document.
B. Real World Testing
In the interim final rule, on page 70076, second column, top half
of the page, we corrected the real world testing regulation text in
Sec. 170.405(b)(3) by removing the words ``for C-CDA'' from the
heading of the paragraph (85 FR 70076). In Sec. 170.405, we also
extended the compliance dates for updating certain criteria until
December 31, 2022 (85 FR 70072). However, in amendatory instruction
16.a., on page 70084, we inadvertently only included the instruction
for ``(b)(3) introductory text,''. Because the revisions are being made
to both the heading of Sec. 170.405(b)(3) and the compliance date in
Sec. 170.405(b)(3)(ii), we are correcting the error in the amendatory
instruction by adding ``(b)(3)(ii),'' after the phrase ``(b)(3)
introductory text,''.
III. Waiver of Proposed Rulemaking, Comment Period, and Delay in
Effective Date
Under 5 U.S.C. 553(b) of the Administrative Procedure Act (APA),
the agency is required to publish a notice of the proposed rulemaking
in the Federal Register before the provisions of a rule take effect. In
addition, section 553(d) of the APA mandates a 30-day delay in
effective date after issuance or publication of a rule. Sections
553(b)(B) and 553(d)(3) of the APA provide for exceptions from the
notice and comment and delay in effective date requirements. Section
553(b)(B) of the APA authorizes an agency to dispense with normal
rulemaking requirements for good cause if the agency makes a finding
that the notice and comment process are impracticable, unnecessary, or
contrary to the public interest. In addition, section 553(d)(3) of the
APA allows the agency to avoid the 30-day delay in effective date where
such delay is contrary to the public interest and an agency includes a
statement of support.
We believe this correcting document does not constitute a rule that
would be subject to the APA notice and comment or delayed effective
date requirements. This document corrects typographical errors in
regulation text of the interim final rule, but does not make
substantive changes to the policies that were adopted in the interim
final rule. As a result, this correcting document is intended to ensure
that the information in the interim final rule accurately reflects the
policies adopted in that final rule.
In addition, even if this were a rule to which the notice and
comment procedures and delayed effective date requirements applied, we
find that there is good cause to waive such procedures and
requirements. Undertaking further notice and comment procedures to
incorporate the corrections in this document into the interim final
rule or delaying the effective date would be contrary to the public
interest because they are obvious typographical errors that are being
corrected. Furthermore, such procedures would be unnecessary, as we are
not making substantive changes to our methodologies or policies, but
rather, we are simply implementing correctly the policies that we
previously proposed, requested comment on, and subsequently finalized.
This correcting document is intended solely to ensure that the ONC
Cures Act Final Rule and the interim final rule accurately reflect
these policies. Therefore, we believe we have good cause to waive the
notice and comment and effective date requirements.
IV. Corrections of Errors
In FR Doc 2020-24376 appearing on page 70064 in the Federal
Register of Wednesday, November 4, 2020, for the reasons stated above,
the Office of the Secretary corrects the following:
Sec. 170.315 [Corrected]
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1. On page 70083, in the first column, the text of amendatory
instruction 11 is corrected to read as follows:
0
11. Amend Sec. 170.315 by:
0
a. Revising paragraphs (b)(1)(iii)(A)(2), (b)(2)(i), (b)(2)(iii)(D)
introductory text, (b)(2)(iv), (b)(3)(ii)(B)(2), (b)(7)(ii),
(b)(8)(i)(B), (b)(9)(ii), (c)(3), (d)(13)(ii), (e)(1)(i)(A)(2),
(f)(5)(iii)(B)(1) and (2), (g)(6)(i)(B), (g)(9)(i)(A)(2),
(g)(10)(v)(A)(1)(ii), and (g)(10)(v)(A)(2)(ii); and
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b. Adding paragraph (g)(10)(v)(A)(1)(iii).
The revisions and addition read as follows:
Sec. 170.405 [Corrected]
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2. On page 70084, in the second column, the text of amendatory
instruction 16 is corrected to read as follows:
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16. Amend Sec. 170.405 by:
[[Page 78237]]
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a. Revising paragraphs (b)(1) introductory text, (b)(2)(ii)
introductory text, (b)(3) introductory text, (b)(3)(ii), (b)(4)(ii),
(b)(5)(ii), (b)(6)(ii), and (b)(7)(ii); and
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b. Adding paragraph (b)(10).
The revisions and addition read as follows:
Wilma M. Robinson,
Deputy Executive Secretary to the Department, Department of Health and
Human Services.
[FR Doc. 2020-26666 Filed 12-2-20; 4:15 pm]
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