HIT Policy CommitteeInformation Exchange Workgroup

NwHIN Conditions for Trusted Exchange

Request For Information (RFI)

May 15, 2012

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Our Eight Questions

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Actors, Accreditation and Validation Bodies, and Validation Entity Eligibility

1. Question 8: We solicit feedback on the appropriateness of ONC’s role in coordinating the governance mechanism and whether certain responsibilities might be better delegated to, and/or fulfilled by, the private sector.

Question 9: Would a voluntary validation process be effective for ensuring that entities engaged in facilitating electronic exchange continue to comply with adopted CTEs? If not, what other validation processes could be leveraged for validating conformance with adopted CTEs? If you identify existing processes, please explain the focus of each and its scope.

Question 10: Should the validation method vary by CTE? Which methods would be most effective for ensuring compliance with the CTEs? (Before answering this question it may be useful to first review the CTEs we are considering to adopt, see section “VI. Conditions for Trusted Exchange.”

Question 11: What successful validation models or approaches exist in other industries that could be used as a model for our purposes in this context?

Question 13: Should there be an eligibility criterion that requires an entity to have a valid purpose (e.g., treatment) for exchanging health information? If so, what would constitute a “valid” purpose for exchange?

Question 14: Should there be an eligibility criterion that requires an entity to have prior electronic exchange experience or a certain number of participants it serves?

Question 15: Are there other eligibility criteria that we should also consider?

Question 16: Should eligibility be limited to entities that are tax-exempt under section 501(c)(3) of the IRC? If yes, please explain why.

Nationwide Health Information Network GovernanceConditions of Trusted Exchange

• Conditions for Trusted Exchange (CTEs) – Three Domains:– Safeguards: focus on the protection of individually identifiable health

information (IIHI) to ensure its confidentiality, integrity, and availability and to prevent unauthorized or inappropriate access, use, or disclosure.

• Example [S-1]: An NVE must comply as if it were a covered entity, and must treat all implementation specifications as “required.”

– Interoperability: focus on the technical standards and implementation specifications needed for exchanging electronic health information.

• Example [I-2]: An NVE must follow required standards for establishing and discovering digital certificates.

– Business Practices: focus on the operational and financial practices to which NVEs would need to adhere in support of trusted electronic health information exchange.

• Example [BP-2]: An NVE must provide open access to the directory services it provides to enable planned electronic exchange.

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Accreditation and Validation ProcessOverview

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Similar to the permanent certification program for HIT, the National Coordinator would approve a single body to accredit and oversee validation bodies.

Validation bodies would evaluate an entity’s conformance to adopted CTEs as opposed to a particular product’s (e.g., EHR technology) certification to certification criteria.

Certified HIT could be used by an entity as a way to demonstrate conformance with certain adopted CTEs

Accreditation body would be expected to conform to internationally accepted standards for accreditation bodies

Validation bodies - upon accreditation by the accreditation body and authorization from the National Coordinator - would subsequently perform the validation of entities‘ conformance to adopted CTEs.

Validation could use different methodologies (self-attestation, laboratory testing for conformance, certification, accreditation) and could vary depending on CTE type and potential methodology burden.

Actors and Associated Responsibilities8. ONC’s roles & delegation of responsibilities to the private sector.

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Proposed RoleSuggested

LeadExisting Authorities and/or Alternatives to Consider

1. Endorsing and adopting CTEs, publishing guidance

ONC In accordance with the National Coordinator‘s authority at section 3001(c)(1)(A) and processes identified at section 3004 under the PHSA, and publishing interpretative guidance

2. Facilitating the receipt of input from the HIT Policy and Standards Committees and other interested parties on:

• revisions to CTEs, • new CTEs, and • the appropriate retirement of CTEs

ONC In accordance with processes identified at sections 3002(b)(3) and 3003(b)(2) of the PHSA

3. Selection and oversight processes for an accreditation body

ONC ONC would approve a single body to accredit and oversee “validation bodies”.

4. Authorizing and overseeing validation bodies responsible for validating that eligible entities have met adopted CTEs

ONC

5. Administering a process to classify the readiness for nationwide adoption and use of technical standards and implementation specifications to support interoperability related CTEs

ONC [ONC would have to adopt specific certification criteria that could be used to certify other types of HIT through established certification program.

6. Overall oversight of all entities and processes established as part of the governance mechanism.

ONC

ONC Role8. Voluntary Nature of Process

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Role Comments

We solicit feedback on the appropriateness of ONC’s role in coordinating the governance mechanism and whether certain responsibilities might be better delegated to, and/or fulfilled by, the private sector.

Validation Process9. Voluntary Nature of Process

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Role Comments

9(a) Would a voluntary validation process be effective for ensuring that entities engaged in facilitating electronic exchange continue to comply with adopted CTEs?

9(b) What other validation processes could be leveraged for validating conformance with adopted CTEs?

Conditions for Trusted ExchangeSafeguards

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[S-1]: An NVE must comply as if it were a covered entity, and must treat all implementation specifications as “required.”

[S-2]: An NVE must only facilitate electronic health information exchange for parties it has authenticated and authorized, either directly or indirectly.[S-3]: An NVE must ensure that individuals are provided with a meaningful choice regarding whether their IIHI may be exchanged by the NVE.[S-4]: An NVE must only exchange encrypted IIHI.

[S-5]: An NVE must make publicly available a notice of its data practices describing why IIHI is collected, how it is used, and to whom and for what reason it is disclosed.

[S-6]: An NVE must not use or disclose de-identified health information to which it has access for any commercial purpose.

[S-7]: An NVE must operate its services with high availability.

[S-8]: If an NVE assembles or aggregates health information that results in a unique set of IIHI, then it must provide individuals with electronic access to their unique set of IIHI.

[S-9]: If an NVE assembles or aggregates health information which results in a unique set of IIHI, then it must provide individuals with the right to request a correction and/or annotation to this unique set of IIHI.

[S-10]: An NVE must have the means to verify that a provider requesting an individual’s health information through a query and response model has or is in the process of establishing a treatment relationship with that individual.

Conditions for Trusted ExchangeInteroperability

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[I-1]: An NVE must be able to facilitate secure electronic health information exchange in two circumstances: 1) when the sender and receiver are known; and 2) when the exchange occurs at the patient’s direction.

[I-2]: An NVE must follow required standards for establishing and discovering digital certificates.

[I-3]: An NVE must have the ability to verify and match the subject of a message, including the ability to locate a potential source of available information for a specific subject.

Conditions for Trusted ExchangeBusiness Practices

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[BP-1]: An NVE must send and receive any planned electronic exchange message from another NVE without imposing financial preconditions on any other NVE.

[BP-2]: An NVE must provide open access to the directory services it provides to enable planned electronic exchange.

[BP-3]: An NVE must report on users and transaction volume for validated services.

Validation Process10. Validation Method

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Role Comments

10 (a) Should the validation method vary by CTE?

10 (b) Which methods would be most effective for ensuring compliance with CTEs?

Examples of validation methods from RFI: self-attestation, laboratory testing for conformance, certification, accreditation

Validation Process11. Comparative Models

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Role Comments

11. What successful validation models or approaches exist in other industries that could be used as a model for our purposes in this context?

NwHIN Validated Entity (NVE) Eligibility CriteriaOverview

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The RFI considers the following criteria that NVEs must meet to be eligible:Meet all solvency and financial responsibility requirements imposed by the statutes and regulatory authorities of the State or States in which it, or any subcontractor performing some or all of its functions, would serve. Make some type of financial disclosure filing Provide evidence that it has a surety bond or some other form of financial securityHave the overall resources and experience to fulfill its responsibilities in accordance with the CTEs when performing health information exchange servicesHave at least one year of experienceServe a sufficient number of providers to permit a finding of effective and efficient administration; however, no prospective NVE would be deemed ineligible if it only served providers located in a single StateHave to be a valid business or governmental entity operating in the United States.Have not had civil monetary penalties, criminal penalties, or damages imposed, or have been enjoined for a HIPAA violation within two years prior to seeking validationNot be listed on the Excluded Parties List System maintained by the General Services Administration Not be listed on the List of Excluded Individuals and Entities maintained by the Office of Inspector GeneralWould not be appropriate to limited to tax-exempt 501(c)(3) organizations.Some of the eligibility criteria being considered may be inapplicable to fed/State governmental entities.

Eligibility Criteria13. Organizational Purpose

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Role Comments

13 (a) Should there be an eligibility criterion that requires an entity to have a valid purpose (e.g., treatment) for exchanging health information?

13 (b) If so, what would constitute a valid purpose for exchange?

Eligibility Criteria14. Prior Experience

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Role Comments

14. Should there be an eligibility criterion that requires an entity to have prior electronic exchange experience or a certain number of participants it serves?

Eligibility Criteria15. Other Criteria to Consider

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Role Comments

15. Are there other eligibility criteria that we should also consider?

Eligibility Criteria16. Tax Exempt Status

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Role Comments

16. Should eligibility be limited to entities that are tax-exempt under section 501(c)(3) of the IRC? If yes, please explain why.?