[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]

0
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
0
b. Adding paragraph (g)(10)(v)(A)(1)(iii).
    The revisions and addition read as follows:


Sec.  170.405   [Corrected]

0
2. On page 70084, in the second column, the text of amendatory 
instruction 16 is corrected to read as follows:
0
16. Amend Sec.  170.405 by:

[[Page 78237]]

0
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
0
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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