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42 U.S.C. § 1320d — Definitions

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42 U.S.C. § 1320d — Definitions

§ 1320d. Definitions For purposes of this part: (1) Code set The term ‘‘code set’’ means any set of codes used for encoding data elements, such as ta- bles of terms, medical concepts, medical diag- nostic codes, or medical procedure codes. (2) Health care clearinghouse The term ‘‘health care clearinghouse’’ means a public or private entity that proc- esses or facilitates the processing of non- standard data elements of health information into standard data elements. (3) Health care provider The term ‘‘health care provider’’ includes a provider of services (as defined in section 1395x(u) of this title), a provider of medical or other health services (as defined in section 1395x(s) of this title), and any other person fur- nishing health care services or supplies. (4) Health information The term ‘‘health information’’ means any information, whether oral or recorded in any form or medium, that— (A) is created or received by a health care provider, health plan, public health author- ity, employer, life insurer, school or univer- sity, or health care clearinghouse; and (B) relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual. (5) Health plan The term ‘‘health plan’’ means an individual or group plan that provides, or pays the cost of, medical care (as such term is defined in section 300gg–91 of this title). Such term in- cludes the following, and any combination thereof: (A) A group health plan (as defined in sec- tion 300gg–91(a) of this title), but only if the plan— (i) has 50 or more participants (as de- fined in section 1002(7) of title 29); or (ii) is ad

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Page 2746 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1320c–20 1 So in original. Probably should be ‘‘Part’’. tions between Professional Standards Review Organiza- tions and administrative instrumentalities. Section 1320c–15, act Aug. 14, 1935, ch. 531, title XI, § 1166, as added Oct. 30, 1972, Pub. L. 92–603, title II, § 249F(b), 86 Stat. 1443; amended Oct. 25, 1977, Pub. L. 95–142, § 5(h), 91 Stat. 1189, related to general prohibi- tion against disclosure of data or information and ex- ceptions to such prohibition. See section 1320c–9 of this title. Section 1320c–16, act Aug. 14, 1935, ch. 531, title XI, § 1167, as added Oct. 30, 1972, Pub. L. 92–603, title II, § 249F(b), 86 Stat. 1443; amended Oct. 25, 1977, Pub. L. 95–142, § 5(i), (n), 91 Stat. 1190, 1191, related to limitation of liability of persons providing information to Profes- sional Standards Review Organizations and Statewide Professional Standards Review Councils. See section 1320c–6 of this title. Section 1320c–17, act Aug. 14, 1935, ch. 531, title XI, § 1168, as added Oct. 30, 1972, Pub. L. 92–603, title II, § 249F(b), 86 Stat. 1444; amended Dec. 31, 1975, Pub. L. 94–182, title I, § 112(c), 89 Stat. 1055; Oct. 25, 1977, Pub. L. 95–142, § 5(j), 91 Stat. 1190; Aug. 13, 1981, Pub. L. 97–35, title XXI, § 2113(j), 95 Stat. 795, related to authorization for use of funds for administering professional review program, transfer of moneys between funds, and pay- ments for Professional Standards Review Organiza- tions. See section 1320c–8 of this title. Section 1320c–18, act Aug. 14, 1935, ch. 531, title XI, § 1169, as added Oct. 30, 1972, Pub. L. 92–603, title II, § 249F(b), 86 Stat. 1444, related to technical assistance given to organizations desiring to be designated as Pro- fessional Standards Review Organizations. Section 1320c–19, act Aug. 14, 1935, ch. 531, title XI, § 1170, as added Oct. 30, 1972, Pub. L. 92–603, title II, § 249F(b), 86 Stat. 1445, related to exemptions of Chris- tian Science sanatoriums. See section 1320c–11 of this title. § 1320c–20. Repealed. Pub. L. 97–35, title XXI, § 2113(k), Aug. 13, 1981, 95 Stat. 795 Section, act Aug. 14, 1935, ch. 531, title XI, § 1171, as added Oct. 25, 1977, Pub. L. 95–142, § 5(d)(2)(D), 91 Stat. 1186, set forth provisions respecting Federal-State rela- tions regarding memorandum of understanding be- tween Organization and State agency. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal applicable to agreements with Professional Standards Review Organizations entered into on or after Oct. 1, 1981, see section 2113(o) of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 1396a of this title. §§ 1320c–21, 1320c–22. Omitted Editorial Notes CODIFICATION Sections 1320c–21 and 1320c–22 were omitted in the general revision of this part by Pub. L. 97–248, title I, § 143, Sept. 3, 1982, 96 Stat. 382. Section 1320c–21, act Aug. 14, 1935, ch. 531, title XI, § 1172, as added Oct. 25, 1977, Pub. L. 95–142, § 5(k), 91 Stat. 1190; amended Aug. 13, 1981, Pub. L. 97–35, title XXI, §§ 2113(l), 2193(c)(7), 95 Stat. 795, 827, related to an- nual reports submitted to Congress by Secretary. See section 1320c–10 of this title. Section 1320c–22, act Aug. 14, 1935, ch. 531, title XI, § 1173, as added Oct. 25, 1977, Pub. L. 95–142, § 5(l)(1), 91 Stat. 1191; amended Dec. 5, 1980, Pub. L. 96–499, title IX, § 923(e), 94 Stat. 2628, provided that medical officers in American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands were includ- able in program under former Part B. See section 1320c–12 of this title. PART C—ADMINISTRATIVE SIMPLIFICATION § 1320d. Definitions For purposes of this part: (1) Code set The term ‘‘code set’’ means any set of codes used for encoding data elements, such as ta- bles of terms, medical concepts, medical diag- nostic codes, or medical procedure codes. (2) Health care clearinghouse The term ‘‘health care clearinghouse’’ means a public or private entity that proc- esses or facilitates the processing of non- standard data elements of health information into standard data elements. (3) Health care provider The term ‘‘health care provider’’ includes a provider of services (as defined in section 1395x(u) of this title), a provider of medical or other health services (as defined in section 1395x(s) of this title), and any other person fur- nishing health care services or supplies. (4) Health information The term ‘‘health information’’ means any information, whether oral or recorded in any form or medium, that— (A) is created or received by a health care provider, health plan, public health author- ity, employer, life insurer, school or univer- sity, or health care clearinghouse; and (B) relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual. (5) Health plan The term ‘‘health plan’’ means an individual or group plan that provides, or pays the cost of, medical care (as such term is defined in section 300gg–91 of this title). Such term in- cludes the following, and any combination thereof: (A) A group health plan (as defined in sec- tion 300gg–91(a) of this title), but only if the plan— (i) has 50 or more participants (as de- fined in section 1002(7) of title 29); or (ii) is administered by an entity other than the employer who established and maintains the plan. (B) A health insurance issuer (as defined in section 300gg–91(b) of this title). (C) A health maintenance organization (as defined in section 300gg–91(b) of this title). (D) Parts 1 A, B, C, or D of the Medicare program under subchapter XVIII. (E) The medicaid program under sub- chapter XIX. (F) A Medicare supplemental policy (as de- fined in section 1395ss(g)(1) of this title). (G) A long-term care policy, including a nursing home fixed indemnity policy (unless the Secretary determines that such a policy does not provide sufficiently comprehensive Page 2747 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1320d–1 coverage of a benefit so that the policy should be treated as a health plan). (H) An employee welfare benefit plan or any other arrangement which is established or maintained for the purpose of offering or providing health benefits to the employees of 2 or more employers. (I) The health care program for active military personnel under title 10. (J) The veterans health care program under chapter 17 of title 38. (K) The Civilian Health and Medical Pro- gram of the Uniformed Services (CHAMPUS), as defined in section 1072(4) of title 10. (L) The Indian health service program under the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.). (M) The Federal Employees Health Benefit Plan under chapter 89 of title 5. (6) Individually identifiable health information The term ‘‘individually identifiable health information’’ means any information, includ- ing demographic information collected from an individual, that— (A) is created or received by a health care provider, health plan, employer, or health care clearinghouse; and (B) relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual, and— (i) identifies the individual; or (ii) with respect to which there is a rea- sonable basis to believe that the informa- tion can be used to identify the individual. (7) Standard The term ‘‘standard’’, when used with ref- erence to a data element of health information or a transaction referred to in section 1320d–2(a)(1) of this title, means any such data element or transaction that meets each of the standards and implementation specifications adopted or established by the Secretary with respect to the data element or transaction under sections 1320d–1 through 1320d–3 of this title. (8) Standard setting organization The term ‘‘standard setting organization’’ means a standard setting organization accred- ited by the American National Standards In- stitute, including the National Council for Prescription Drug Programs, that develops standards for information transactions, data elements, or any other standard that is nec- essary to, or will facilitate, the implementa- tion of this part. (9) Operating rules The term ‘‘operating rules’’ means the nec- essary business rules and guidelines for the electronic exchange of information that are not defined by a standard or its implementa- tion specifications as adopted for purposes of this part. (Aug. 14, 1935, ch. 531, title XI, § 1171, as added Pub. L. 104–191, title II, § 262(a), Aug. 21, 1996, 110 Stat. 2021; amended Pub. L. 107–105, § 4, Dec. 27, 2001, 115 Stat. 1007; Pub. L. 111–5, div. A, title XIII, § 13102, Feb. 17, 2009, 123 Stat. 242; Pub. L. 111–148, title I, § 1104(b)(1), Mar. 23, 2010, 124 Stat. 146.) Editorial Notes REFERENCES IN TEXT The Indian Health Care Improvement Act, referred to in par. (5)(L), is Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, which is classified principally to chapter 18 (§ 1601 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 25 and Tables. PRIOR PROVISIONS A prior section 1171 of act Aug. 14, 1935, was classified to section 1320c–20 of this title prior to repeal by Pub. L. 97–35. AMENDMENTS 2010—Par. (9). Pub. L. 111–148 added par. (9). 2009—Par. (5)(D). Pub. L. 111–5 substituted ‘‘C, or D’’ for ‘‘or C’’. 2001—Par. (5)(D). Pub. L. 107–105 substituted ‘‘Parts A, B, or C’’ for ‘‘Part A or part B’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–148, title I, § 1105, Mar. 23, 2010, 124 Stat. 154, provided that: ‘‘This subtitle [subtitle B (§§ 1101–1105) of title I of Pub. L. 111–148, enacting sub- chapter I of chapter 157 of this title, amending this sec- tion and sections 1320d–2 and 1395y of this title, enact- ing provisions set out as a note under section 1320d–2 of this title, and amending provisions set out as a note under this section] shall take effect on the date of en- actment of this Act [Mar. 23, 2010].’’ PURPOSE Pub. L. 104–191, title II, § 261, Aug. 21, 1996, 110 Stat. 2021, as amended by Pub. L. 111–148, title I, § 1104(a), Mar. 23, 2010, 124 Stat. 146, provided that: ‘‘It is the pur- pose of this subtitle [subtitle F (§§ 261–264) of title II of Pub. L. 104–191, enacting this part, amending sections 242k and 1395cc of this title, and enacting provisions set out as a note under section 1320d–2 of this title] to im- prove the Medicare program under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.], the med- icaid program under title XIX of such Act [42 U.S.C. 1396 et seq.], and the efficiency and effectiveness of the health care system, by encouraging the development of a health information system through the establishment of uniform standards and requirements for the elec- tronic transmission of certain health information and to reduce the clerical burden on patients, health care providers, and health plans.’’ § 1320d–1. General requirements for adoption of standards (a) Applicability Any standard adopted under this part shall apply, in whole or in part, to the following per- sons: (1) A health plan. (2) A health care clearinghouse. (3) A health care provider who transmits any health information in electronic form in con- nection with a transaction referred to in sec- tion 1320d–2(a)(1) of this title. (b) Reduction of costs Any standard adopted under this part shall be consistent with the objective of reducing the ad-

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1601 — Indian Catastrophic Health Emergency Fund

$10,000,000 shall remain available until expended, for the establishment of an Indian Catastrophic Health Emergency Fund (hereinafter referred to as the “Fund”). On and after October 18, 1986, the Fund is to cover the Indian Health Service portion of the medical expenses of catastrophic illness falling within the responsibility of the Service and shall be administered by the Secretary of Health and Human Services, acting through the central office of the Indian Health Service. No part of the Fund or its administration shall be subject to contract or grant under the Indian Self-Determination and Education Assistance Act (Public Law 93–638) [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.]. There shall be deposited into the Fund all amounts recovered under the authority of the Federal Medical Care Recovery Act ([42 U.S.C. 2651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2651&num=0&edition=prelim) et seq.), which shall become available for obligation upon receipt and which shall remain available for obligation until expended. The Fund shall not be used to pay for health services provided to eligible Indians to the extent that alternate Federal, State, local, or private insurance resources for payment: (1) are available and accessible to the beneficiary; or (2) would be available and accessible if the beneficiary were to apply for them; or (3) would be available and accessible to other citizens similarly situated under Federal, State, or local law or regulation or private insurance program notwithstanding Indian Health Service eligibility or residency on or off a Federal Indian reservation.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1601 — Congressional findings

§ 1601. Congressional findings The Congress finds the following: (1) Federal health services to maintain and improve the health of the Indians are con- sonant with and required by the Federal Gov- ernment’s historical and unique legal relation- ship with, and resulting responsibility to, the American Indian people. (2) A major national goal of the United States is to provide the resources, processes, and structure that will enable Indian tribes and tribal members to obtain the quantity and quality of health care services and opportuni- ties that will eradicate the health disparities between Indians and the general population of the United States. (3) A major national goal of the United States is to provide the quantity and quality of health services which will permit the health status of Indians to be raised to the highest possible level and to encourage the maximum participation of Indians in the planning and management of those services. (4) Federal health services to Indians have resulted in a reduction in the prevalence and incidence of preventable illnesses among, and unnecessary and premature deaths of, Indians. (5) Despite such services, the unmet health needs of the American Indian people are severe Page 241 TITLE 25—INDIANS § 1601 and the health status of the Indians is far below that of the general population of the United States. (Pub. L. 94–437, § 2, Sept. 30, 1976, 90 Stat. 1400; Pub. L. 102–573, § 3(a), Oct. 29, 1992, 106 Stat. 4526; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes CODIFICATION Amendment by Pub. L. 111–148 is based on section 102 of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1320d — Definitions

For purposes of this part: (1) **Code set** — The term “code set” means any set of codes used for encoding data elements, such as tables of terms, medical concepts, medical diagnostic codes, or medical procedure codes. (2) **Health care clearinghouse** — The term “health care clearinghouse” means a public or private entity that processes or facilitates the processing of nonstandard data elements of health information into standard data elements. (3) **Health care provider** — The term “health care provider” includes a provider of services (as defined in [section 1395x(u) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/u&num=0&edition=prelim)), a provider of medical or other health services (as defined in [section 1395x(s) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/s&num=0&edition=prelim)), and any other person furnishing health care services or supplies. (4) **Health information** — The term “health information” means any information, whether oral or recorded in any form or medium, that— (A) is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and (B) relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual. (5) **Health plan** — The term “health plan” means an individual or group plan that provides, or pays the cost of, medical care (as such term is defined in [section 300gg–91 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300gg-9

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395 — Conditions of participation for home health agencies; home health quality

**(a) Conditions of participation; protection of individual rights; notification of State entities; use of home health aides; medical equipment; individual’s plan of care; compliance with Federal, State, and local laws and regulations** The conditions of participation that a home health agency is required to meet under this subsection are as follows: (1) The agency protects and promotes the rights of each individual under its care, including each of the following rights: (A) The right to be fully informed in advance about the care and treatment to be provided by the agency, to be fully informed in advance of any changes in the care or treatment to be provided by the agency that may affect the individual’s well-being, and (except with respect to an individual adjudged incompetent) to participate in planning care and treatment or changes in care or treatment. (B) The right to voice grievances with respect to treatment or care that is (or fails to be) furnished without discrimination or reprisal for voicing grievances. (C) The right to confidentiality of the clinical records described in section 1395x(o)(3) of this title. (D) The right to have one’s property treated with respect. (E) The right to be fully informed orally and in writing (in advance of coming under the care of the agency) of— (i) all items and services furnished by (or under arrangements with) the agency for which payment may be made under this subchapter, (ii) the coverage available for such items and services under this subchapter, subchapter XIX, and any other Federal program of which the agency is reasonably aware, (iii) any charges for items and services not covered under this subchapter and any charges the individual may have to pay with respect to items and services furn

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395 — Prohibition against any Federal inter-

§ 1395. Prohibition against any Federal inter- ference Nothing in this subchapter shall be construed to authorize any Federal officer or employee to exercise any supervision or control over the practice of medicine or the manner in which medical services are provided, or over the selec- tion, tenure, or compensation of any officer or employee of any institution, agency, or person providing health services; or to exercise any su- pervision or control over the administration or operation of any such institution, agency, or person. (Aug. 14, 1935, ch. 531, title XVIII, § 1801, as added Pub. L. 89–97, title I, § 102(a), July 30, 1965, 79 Stat. 291.) Statutory Notes and Related Subsidiaries SHORT TITLE For short title of title I of Pub. L. 89–97, which en- acted this subchapter as the ‘‘Health Insurance for the Aged Act’’, see section 100 of Pub. L. 89–97, set out as a Short Title of 1965 Amendment note under section 1305 of this title. PROTECTING AND IMPROVING GUARANTEED MEDICARE BENEFITS Pub. L. 111–148, title III, § 3601, Mar. 23, 2010, 124 Stat. 538, provided that: ‘‘(a) PROTECTING GUARANTEED MEDICARE BENEFITS.— Nothing in the provisions of, or amendments made by, this Act [see Short Title note set out under section 18001 of this title] shall result in a reduction of guaran- teed benefits under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.]. ‘‘(b) ENSURING THAT MEDICARE SAVINGS BENEFIT THE MEDICARE PROGRAM AND MEDICARE BENEFICIARIES.— Savings generated for the Medicare program under title XVIII of the Social Security Act under the provisions of, and amendments made by, this Act shall extend the solvency of the Medicare trust funds, reduce Medicare premiums and other cost-sharing for beneficiaries, and improve or expand gu

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1396 — Medicaid and CHIP Payment and Access Commission

**(a) Establishment** There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as “MACPAC”). **(b) Duties** (1) **Review of access policies for all States and annual reports** — MACPAC shall— (A) review policies of the Medicaid program established under this subchapter (in this section referred to as “Medicaid”) and the State Children’s Health Insurance Program established under subchapter XXI (in this section referred to as “CHIP”) affecting access to covered items and services, including topics described in paragraph (2); (B) make recommendations to Congress, the Secretary, and States concerning such access policies; (C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such reviews and MACPAC’s recommendations concerning such policies; and (D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, including the implications of changes in health care delivery in the United States and in the market for health care services on such programs. (2) **Specific topics to be reviewed** — Specifically, MACPAC shall review and assess the following: (A) *Medicaid and CHIP payment policies* — Payment policies under Medicaid and CHIP, including— (i) the factors affecting expenditures for the efficient provision of items and services in different sectors, including the process for updating payments to medical, dental, and health professionals, hospitals, residential and long-term care providers, providers of home and community based services, Federally-qualified health centers and rural health clinics, managed care entities, and providers of ot

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1396 — Medicaid and CHIP Payment and Access

§ 1396. Medicaid and CHIP Payment and Access Commission (a) Establishment There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as ‘‘MACPAC’’). (b) Duties (1) Review of access policies for all States and annual reports MACPAC shall— (A) review policies of the Medicaid pro- gram established under this subchapter (in this section referred to as ‘‘Medicaid’’) and the State Children’s Health Insurance Pro- gram established under subchapter XXI (in this section referred to as ‘‘CHIP’’) affecting access to covered items and services, includ- ing topics described in paragraph (2); (B) make recommendations to Congress, the Secretary, and States concerning such access policies; (C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such re- views and MACPAC’s recommendations con- cerning such policies; and (D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, includ- ing the implications of changes in health care delivery in the United States and in the market for health care services on such pro- grams. (2) Specific topics to be reviewed Specifically, MACPAC shall review and as- sess the following: (A) Medicaid and CHIP payment policies Payment policies under Medicaid and CHIP, including— (i) the factors affecting expenditures for the efficient provision of items and serv- ices in different sectors, including the process for updating payments to medical, dental, and health professionals, hospitals, residential and long-term care providers, providers of home and community based services, Federally-qualified health ce

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