HHS revises process for handling ONC-AA misconduct

The U.S. Department of Health and Human Services (HHS) has proposed revisions to the Office of the National Coordinator for Health IT-Approved Accreditor (ONC-AA) process, which would create a process for addressing ONC-AA misconduct or failure to fulfill its responsibilities under the permanent health IT certification program.

The rule that established the temporary and permanent certification programs did not propose a formal process for the ONC to remove or take other corrective action against an ONC-AA based on misconduct or failure to perform its responsibilities, according to the proposed rule, which was published in the Federal Register May 31.

The proposed process for ONC-AAs would be similar to the revocation and suspension processes established for ONC-Authorized Testing and Certification Bodies (ONC-ATCBs) under the temporary certification program and for ONC-Authorized Certification Bodies (ONC-ACBs) under the permanent certification program.

The proposal would authorize the National Coordinator to remove the ONC-AA under the permanent certification program based on either a conduct or performance violation by the ONC-AA.

Conduct violations would include violations of law or permanent certification program policies that threaten or significantly undermine the integrity of the permanent certification program. They would include false, fraudulent or abusive activities that affect the permanent certification program, a program administered by the HHS or any program administered by the federal government.

Performance violations would include the ONC-AA failing to properly fulfill one or more of its specified responsibilities.

Opportunities to assess an ONC-AA’s performance of its responsibilities would be available at certain junctures during the permanent certification program, according to the proposal.

The proposed rule also addressed the status of ONC-Authorized Certification Bodies (ONC-ACBs) in instances where there may be a change in the accreditation organization serving as the ONC-AA, and clarifies the responsibilities of the new ONC-AA.

Click here to see the complete proposal. Comments will be accepted through Aug. 1.

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