---
kind: "section"
citation: "42 U.S.C. § 300jj–19a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300jj–19a"
heading: "Electronic health record reporting program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300jj-19a"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XXVIII — Health Information Technology and Quality"
  - "Part A — Promotion of Health Information Technology"
---

# §300jj–19a. Electronic health record reporting program

- (a) **Reporting criteria—**
  - (1) **Convening of stakeholders—** Not later than 1 year after December 13, 2016, the [Secretary](/usc/42/201.md?p=c) shall convene stakeholders, as described in [paragraph (2)](#a-2), for the purpose of developing the reporting criteria in accordance with [paragraph (3)](#a-3).
  - (2) **Development of reporting criteria—** The reporting criteria under this subsection shall be developed through a public, transparent process that reflects input from relevant stakeholders, including—
    - (A) [health care providers](/usc/42/300jj.md?p=3), including primary care and specialty care health care professionals;
    - (B) [hospitals](/usc/42/300s–3.md?p=1) and [hospital](/usc/42/300s–3.md?p=1) systems;
    - (C) [health information technology](/usc/42/300jj.md?p=5) developers;
    - (D) patients, consumers, and their advocates;
    - (E) data sharing networks, such as [health information](/usc/42/300jj.md?p=4) [exchanges](/usc/42/300gg–91.md?p=d-21);
    - (F) authorized certification bodies and testing [laboratories](/usc/42/300jj.md?p=10);
    - (G) security experts;
    - (H) relevant [manufacturers](/usc/42/300aa–33.md?p=3) of medical devices;
    - (I) experts in [health information technology](/usc/42/300jj.md?p=5) market economics;
    - (J) public and private entities engaged in the evaluation of [health information technology](/usc/42/300jj.md?p=5) performance;
    - (K) quality organizations, including the consensus based entity described in [section 1395aaa of this title](/usc/42/1395aaa.md);
    - (L) experts in human factors engineering and the measurement of user-centered design; and
    - (M) other entities or individuals, as the [Secretary](/usc/42/201.md?p=c) determines appropriate.
  - (3) **Considerations for reporting criteria—** The reporting criteria developed under this subsection—
    - (A) shall include measures that reflect categories including—
      - (i) security;
      - (ii) usability and user-centered design;
      - (iii) [interoperability](/usc/42/300jj.md?p=9);
      - (iv) conformance to certification testing; and
      - (v) other categories, as appropriate to measure the performance of electronic health record technology;
    - (B) may include categories such as—
      - (i) enabling the user to order and view the results of [laboratory](/usc/42/300jj.md?p=10) tests, imaging tests, and other diagnostic tests;
      - (ii) submitting, editing, and retrieving data from registries such as clinician-led clinical data registries;
      - (iii) accessing and exchanging information and data from and through [health information](/usc/42/300jj.md?p=4) [exchanges](/usc/42/300gg–91.md?p=d-21);
      - (iv) accessing and exchanging information and data from medical devices;
      - (v) accessing and exchanging information and data held by Federal, [State](/usc/42/300ii.md?p=8), and local [agencies](/usc/42/8262.md?p=1) and other applicable entities useful to a [health care provider](/usc/42/300jj.md?p=3) or other applicable user in the furtherance of patient care;
      - (vi) accessing and exchanging information from other [health care providers](/usc/42/300jj.md?p=3) or applicable users;
      - (vii) accessing and exchanging patient generated information;
      - (viii) providing the patient or an authorized designee with a complete copy of their [health information](/usc/42/300jj.md?p=4) from an electronic record in a computable format;
      - (ix) providing accurate patient information for the correct patient, including exchanging such information, and avoiding the duplication of patients records; and
      - (x) other categories regarding performance, accessibility,[^1] as the [Secretary](/usc/42/201.md?p=c) determines appropriate; and
    - (C) shall be designed to ensure that small and startup [health information technology](/usc/42/300jj.md?p=5) developers are not unduly disadvantaged by the reporting criteria.
  - (4) **Modifications—** After the reporting criteria have been developed under [paragraph (3)](#a-3), the [Secretary](/usc/42/201.md?p=c) may convene stakeholders and conduct a public comment period for the purpose of modifying the reporting criteria developed under such paragraph.
- (b) **Participation—** As a condition of maintaining certification under [section 300jj–11(c)(5)(D) of this title](/usc/42/300jj–11.md?p=c-5-D), a developer of certified electronic health records shall submit to an appropriate recipient of a grant, contract, or agreement under [subsection (c)(1)](#c-1) responses to the criteria developed under [subsection (a)](#a), with respect to all certified technology offered by such developer.
- (c) **Reporting program—**
  - (1) **In general—** Not later than 1 year after December 13, 2016, the [Secretary](/usc/42/201.md?p=c) shall award grants, contracts, or agreements to independent entities on a competitive basis to support the convening of stakeholders as described in [subsection (a)(2)](#a-2), collect the information required to be reported in accordance with the criteria established as described [subsection (a)(3)](#a-3), and develop and implement a process in accordance with [paragraph (5)](#c-5) and report such information to the [Secretary](/usc/42/201.md?p=c).
  - (2) **Applications—** An independent entity that seeks a grant, contract, or agreement under this subsection shall submit an application to the [Secretary](/usc/42/201.md?p=c) at such time, in such manner, and containing such information as the [Secretary](/usc/42/201.md?p=c) may reasonably require, including a description of—
    - (A) the proposed method for reviewing and summarizing information gathered based on reporting criteria established under [subsection (a)](#a);
    - (B) if applicable, the intended focus on a specific subset of certified electronic health record technology users, such as [health care providers](/usc/42/300jj.md?p=3), including primary care, specialty care, and care provided in rural settings; [hospitals](/usc/42/300s–3.md?p=1) and [hospital](/usc/42/300s–3.md?p=1) systems; and patients, consumers, and patients and consumer advocates;
    - (C) the plan for widely distributing reports described in [paragraph (6)](#c-6);
    - (D) the period for which the grant, contract, or agreement is requested, which may be up to 2 years; and
    - (E) the budget for reporting [program](/usc/42/274l–1.md?p=4) participation, and whether the eligible independent entity intends to continue participation after the period of the grant, contract, or agreement.
  - (3) **Considerations for independent entities—** In awarding grants, contracts, and agreements under [paragraph (1)](#c-1), the [Secretary](/usc/42/201.md?p=c) shall give priority to independent entities with appropriate expertise in [health information technology](/usc/42/300jj.md?p=5) usability, [interoperability](/usc/42/300jj.md?p=9), and security (especially entities with such expertise in electronic health records) with respect to—
    - (A) [health care providers](/usc/42/300jj.md?p=3), including primary care, specialty care, and care provided in rural settings;
    - (B) [hospitals](/usc/42/300s–3.md?p=1) and [hospital](/usc/42/300s–3.md?p=1) systems; and
    - (C) patients, consumers, and patient and consumer advocates.
  - (4) **Limitations—**
    - (A) **Assessment and redetermination—** Not later than 4 years after December 13, 2016, and every 2 years thereafter, the [Secretary](/usc/42/201.md?p=c), in consultation with stakeholders, shall—
      - (i) assess performance of the recipients of the grants, contracts, and agreements under [paragraph (1)](#c-1) based on quality and usability of reports described in [paragraph (6)](#c-6); and
      - (ii) re-determine grants, contracts, and agreements as necessary.
    - (B) **Prohibitions on participation—** The [Secretary](/usc/42/201.md?p=c) may not award a grant, contract, or cooperative agreement under [paragraph (1)](#c-1) to—
      - (i) a proprietor of certified [health information technology](/usc/42/300jj.md?p=5) or a business affiliate of such a proprietor;
      - (ii) a developer of certified [health information technology](/usc/42/300jj.md?p=5); or
      - (iii) a [State](/usc/42/300ii.md?p=8) or local government [agency](/usc/42/8262.md?p=1).
  - (5) **Feedback—** Based on reporting criteria established under [subsection (a)](#a), the recipients of grants, contracts, and agreements under [paragraph (1)](#c-1) shall develop and implement a process to collect and verify confidential feedback on such criteria from—
    - (A) [health care providers](/usc/42/300jj.md?p=3), patients, and other users of certified electronic health record technology; and
    - (B) developers of certified electronic health record technology.
  - (6) **Reports—**
    - (A) **Development of reports—** Each recipient of a grant, contract, or agreement under [paragraph (1)](#c-1) shall report on the information reported to such recipient pursuant to [subsection (a)](#a) and the user feedback collected under [paragraph (5)](#c-5) by preparing summary reports and detailed reports of such information.
    - (B) **Distribution of reports—** Each recipient of a grant, contract, or agreement under [paragraph (1)](#c-1) shall submit the reports prepared under [subparagraph (A)](#c-6-A) to the [Secretary](/usc/42/201.md?p=c) for public distribution in accordance with [subsection (d)](#d).
- (d) **Publication—** The [Secretary](/usc/42/201.md?p=c) shall distribute widely, as appropriate, and publish, on the Internet website of the Office of the [National Coordinator](/usc/42/300jj.md?p=11)—
  - (1) the reporting criteria developed under [subsection (a)](#a); and
  - (2) the summary and detailed reports under [subsection (c)(6)](#c-6).
- (e) **Review—** Each recipient of a grant, contract, or agreement under paragraph (1) shall develop and implement a process through which participating electronic health record technology developers may review and recommend changes to the reports created under [subsection (c)(6)](#c-6) for products developed by such developer prior to the publication of such report under [subsection (d)](#d).
- (f) **Additional resources—** The [Secretary](/usc/42/201.md?p=c) may provide additional resources on the Internet website of the Office of the [National Coordinator](/usc/42/300jj.md?p=11) to better inform consumers of [health information technology](/usc/42/300jj.md?p=5). Such reports may be carried out through partnerships with private organizations with appropriate expertise.

## Footnotes

[^1]: So in original. Probably should be “performance or accessibility,”.

## Source credit

(July 1, 1944, ch. 373, title XXX, § 3009A, as added Pub. L. 114–255, div. A, title IV, § 4002(c), Dec. 13, 2016, 130 Stat. 1161.)