[Congressional Record Volume 166, Number 208 (Wednesday, December 9, 2020)]
[House]
[Pages H7088-H7092]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REQUIRING SECRETARY OF HEALTH AND HUMAN SERVICES TO CONSIDER CERTAIN
RECOGNIZED SECURITY PRACTICES
Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 7898) to amend title XXX of the Public Health Services Act
to provide for a technical correction to provide the Inspector General
of the Department of Health and Human Service certain authorities with
respect to investigations of information blocking, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 7898
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. RECOGNITION OF SECURITY PRACTICES.
Part 1 of subtitle D of the Health Information Technology
for Economic and Clinical Health Act (42 U.S.C. 17931 et
seq.) is amended by adding at the end the following:
``SEC. 13412. RECOGNITION OF SECURITY PRACTICES.
``(a) In General.--Consistent with the authority of the
Secretary under sections 1176 and 1177 of the Social Security
Act, when making determinations relating to fines under such
section 1176 (as amended by section 13410) or such section
1177, decreasing the length and extent of an audit under
section 13411, or remedies otherwise agreed to by the
Secretary, the Secretary shall consider whether the covered
entity or business associate has adequately demonstrated that
it had, for not less than the previous 12 months, recognized
security practices in place that may--
[[Page H7089]]
``(1) mitigate fines under section 1176 of the Social
Security Act (as amended by section 13410);
``(2) result in the early, favorable termination of an
audit under section 13411; and
``(3) mitigate the remedies that would otherwise be agreed
to in any agreement with respect to resolving potential
violations of the HIPAA Security rule (part 160 of title 45
Code of Federal Regulations and subparts A and C of part 164
of such title) between the covered entity or business
associate and the Department of Health and Human Services.
``(b) Definition and Miscellaneous Provisions.--
``(1) Recognized security practices.--The term `recognized
security practices' means the standards, guidelines, best
practices, methodologies, procedures, and processes developed
under section 2(c)(15) of the National Institute of Standards
and Technology Act, the approaches promulgated under section
405(d) of the Cybersecurity Act of 2015, and other programs
and processes that address cybersecurity and that are
developed, recognized, or promulgated through regulations
under other statutory authorities. Such practices shall be
determined by the covered entity or business associate,
consistent with the HIPAA Security rule (part 160 of title 45
Code of Federal Regulations and subparts A and C of part 164
of such title).
``(2) Limitation.--Nothing in this section shall be
construed as providing the Secretary authority to increase
fines under section 1176 of the Social Security Act (as
amended by section 13410), or the length, extent or quantity
of audits under section 13411, due to a lack of compliance
with the recognized security practices.
``(3) No liability for nonparticipation.--Subject to
paragraph (4), nothing in this section shall be construed to
subject a covered entity or business associate to liability
for electing not to engage in the recognized security
practices defined by this section.
``(4) Rule of construction.--Nothing in this section shall
be construed to limit the Secretary's authority to enforce
the HIPAA Security rule (part 160 of title 45 Code of Federal
Regulations and subparts A and C of part 164 of such title),
or to supersede or conflict with an entity or business
associate's obligations under the HIPAA Security rule.''.
SEC. 2. TECHNICAL CORRECTION.
(a) In General.--Section 3022(b) of the Public Health
Service Act (42 U.S.C. 300jj-52(b)) is amended by adding at
the end the following new paragraph:
``(4) Application of authorities under inspector general
act of 1978.--In carrying out this subsection, the Inspector
General shall have the same authorities as provided under
section 6 of the Inspector General Act of 1978 (5 U.S.C.
App.).''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in the enactment of the 21st
Century Cures Act (Public Law 114-255).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Pallone) and the gentleman from Oregon (Mr. Walden) each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. PALLONE. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
to include extraneous material on H.R. 7898.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, in 2016, the Energy and Commerce Committee led the
charge in passing the 21st Century Cures Act.
In addition to investing billions in cutting-edge research and opioid
abuse prevention and treatment, the Cures Act also included several
provisions related to improving the interoperability of health
information technology. Specifically, the act defined the practice of
information blocking. It also provided the Department of Health and
Human Services Office of the Inspector General, or OIG, with the
authority to investigate and levy penalties on entities found to be
engaging in information blocking.
Examples of information blocking could include a developer placing
unnecessary restrictions on authorized exchanges of information.
Another example would be when a developer implements their electronic
health record, EHR, technology in such a nonstandard way that it
becomes incredibly difficult to exchange a patient's health information
with a system not owned by that developer.
Practices like these simply stand in the way of patients accessing
their own data and carrying their data with them as they move between
plans and providers.
I am pleased that the Office of the National Coordinator for Health
Information Technology, ONC, and the OIG have worked since the passage
of the Cures Act to implement these important policies.
The bill before us today, H.R. 7898, provides for a technical
correction to the Cures Act to ensure that the OIG has the authority
they fully need to enforce the information blocking prohibitions.
H.R. 7898 also includes another health IT-related policy that was
part of a bipartisan, bicameral health agreement released by the Energy
and Commerce Committee and the Senate Committee on Health, Education,
Labor, and Pensions last December.
This policy incentivizes healthcare entities to adopt strong
cybersecurity practices by encouraging the Secretary of HHS to consider
entities' adoption of recognized cybersecurity practices when
conducting audits or administering HIPAA fines.
Cyberattacks are increasingly a major concern for healthcare
providers. It is important that we acknowledge those providers that are
acting in good faith and doing everything in their power to safeguard
patient data.
This provision encourages providers to follow widely recognized best
practices in the field with the goal of helping all providers be better
prepared for potential cybersecurity attacks.
These both are commonsense policies, and I urge my colleagues to join
me in supporting them. I reserve the balance of my time.
Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 7898, a technical
corrections bill introduced by Dr. Burgess.
The 21st Century Cures Act had a major provision, led by Dr. Burgess,
regarding information blocking. This is a process where a healthcare
provider or an electronic healthcare record vendor will not move a
patient's data between care settings or erects significant
technological or financial barriers to do so.
The 21st Century Cures Act was significant in that it banned the
practice of information blocking, which is a key patient protection and
an effort to transform our healthcare delivery system. Patient access
and control over personal health information should be at the center of
our efforts in securing high-quality and patient-driven care.
The Energy and Commerce Committee delivered this win for patients,
and today, we need to make a minor but very important technical
correction to ensure our policy is enforced.
H.R. 7898 would clarify the authority of the Department of Health and
Human Services inspector general regarding information blocking, to
make crystal clear that the IG has the authority to enforce this ban,
to go after bad actors, and to protect patient access to personal
health data.
Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr.
Burgess), the author of this provision and our ranking member, the top
member on the Republican side, on the Health Subcommittee.
Mr. BURGESS. Mr. Speaker, I thank the gentleman for the recognition.
Mr. Speaker, I rise in support of H.R. 7898, once again, to clarify
the enforcement and investigative authorities of the inspector general
at the Department of Health and Human Services with respect to health
record information blocking.
In 2016, as has been stated, Congress passed the bipartisan 21st
Century Cures Act with the goal of closing the gap between innovation
and our Nation's regulatory process. Throughout the drafting of Cures,
I made it a priority to address important health information technology
issues, including interoperability and the prevention of information
blocking.
I am a physician, but I am also a patient, and I am acutely aware of
the frustrations surrounding the difficulty of a patient accessing
their medical records. Patients should control their own medical data.
Yet, if a patient and their doctor have difficulty in accessing
electronic health records, the patient's care may suffer.
In the Cures bill, Congress provided the tools necessary for doctors
and patients to better coordinate their care through the sharing of
patient data.
The Office of the National Coordinator for Health Information
Technology promulgated a rule that outlines what is permissible. This
rule,
[[Page H7090]]
which was finalized this past May, aims to allow patients to seamlessly
access their electronic health information.
This bill, H.R. 7898, is needed in order to ensure that there is a
smooth and effective implementation and to allow for the inspector
general of the Department of Health and Human Services to enforce this
rule.
In the context of this coronavirus pandemic, I think we have all seen
the importance of allowing the efficient flow of a patient's medical
records so that patients and their doctors can have informed
conversations about their care plans.
Also of importance is ensuring patient privacy and ensuring that it
is protected and that information is secure. H.R. 7898 builds on the
sections of the 21st Century Cures Act and encourages healthcare
entities to adopt strong cybersecurity practices, which are essential
in protecting patient data from bad actors.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. WALDEN. Mr. Speaker, I yield the gentleman from Texas an
additional 1 minute.
Mr. BURGESS. Mr. Speaker, I thank the gentleman for yielding.
Finally, I would like to point to the bipartisan, bicameral support
of H.R. 7898, which was included in title V of the Lower Health Care
Costs package in the Senate. We have both Chambers and both parties
coming to an agreement, and that is a positive sign. It certainly
indicates the importance of this legislation.
It is for these reasons that I encourage Members to vote in favor of
H.R. 7898. Again, I thank the ranking member for his years of
friendship and service to the committee.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I was hoping I wasn't going to have to make this
statement about Greg Walden retiring because I really didn't want him
to retire. I guess I kept hoping that he wouldn't or that he would
still be here in some fashion--and he will be in some fashion.
But I wanted to thank him for 20 years of extraordinary service on
the Energy and Commerce Committee, in particular. And I want to
particularly thank him for his leadership and friendship over the last
4 years as he served as the top Republican on the committee.
During those first 2 years, he chaired the committee, and then over
the last 2 years, he served as the ranking member. Our committee, as he
knows and I think a lot of people know, has a long and proud tradition
of bipartisanship, and Greg has really been a great partner,
particularly over the last year as we faced the unprecedented
challenges of COVID-19.
We have worked very closely over the last 11 months on all the
legislation that was signed into law to respond to the pandemic. Among
those laws was the CARES Act, which provided essential assistance to
the American people, healthcare workers, hospitals, small businesses,
and State and local government. We have taken some significant steps,
but the work continues as we hope to complete another COVID-19 relief
package in the coming days before we adjourn.
Prior to the pandemic this year, we were able to come together over
the last 4 years, thanks to Greg's leadership, to pass a lot of other
substantial bills that actually became law.
We passed comprehensive legislation to address the opioid epidemic by
expanding treatment to people fighting opioid use disorder and
supporting those affected by the opioid crisis.
We reauthorized the Safe Drinking Water Act for the first time in 20
years.
We eliminated annoying robocalls--I don't know, ``eliminating'' may
not be accurate, but we eliminated a lot of them.
We passed the RAY BAUM'S Act, named after the late Republican staff
director of the committee and Greg's longtime friend, which
reauthorized the Federal Communications Commission for the first time
in 28 years.
I know the law is very important to Greg, not only because it was
named after Ray but also because of Greg's longtime love for
broadcasting.
Of course, not everything is bipartisan. He will probably never
forget his initiation as chairman. His first full committee markup--as
was already mentioned by other colleagues--was the longest markup in
the Energy and Commerce Committee's history, 27 hours as we debated the
Republican Affordable Care Act repeal bill. That was really baptism by
fire.
At the end of the day, I am going to remember Greg most for the
commitment he made day in and day out to help everyday Americans. It is
really special.
A lot of people have a bad opinion of Congress. They think that we
come here for self-aggrandizement because somehow we want to get a
better job after we leave--not that there is one--or that we are trying
to help our families or trying to help special interests. The one thing
I will say about Greg is that none of that is true.
{time} 1530
One thing I will say about Greg is that none of that is true. He has
a strong dose of humility, and humility is something that I would say
oftentimes is lacking, not just in Congress, but in general. Sometimes
I wonder if people even value it as something that they cherish. But
certainly Greg does. He is not only humble, he really cares about
everyone, and he is not just out for himself.
I also want to thank his wife, Mylene, for sharing him with us for
all these years. We are going to miss Greg, and we will miss Mylene
also.
Greg, I wish you nothing but the best in your future endeavors. I
have been hearing different rumors from other Members. Earl actually
told me about some trip you took in the mountains in Oregon.
Everybody is sort of secret about these different things that he is
doing, but I suspect that they are going to be endeavors that he loves
and that, when I hear about them, will be fantastic.
I just feel bad about even making this speech about his leaving, but
that is the way it is, and I am going to miss him.
Mr. Speaker, I reserve the balance of my time.
Mr. WALDEN. Mr. Speaker, I yield myself the balance of my time.
To my friends in this assembly, thank you for your friendship.
To the chairman of the committee, we have developed a wonderful
relationship. Sometimes your staff and our staff spar, but we are a
family, and families do disagree from time to time. But generally
speaking, we are headed in the same direction, and that direction is
making America a better place for everyone and solving problems. So I
am very thankful for your very generous and kind comments, Mr.
Chairman.
Mr. Speaker, I will say it has been a real delight and joy to work
with the chairman of the Energy and Commerce Committee. I would have to
admit it was a more delight and joy to work with the ranking member of
the Energy and Commerce Committee when I was chairman, but that is the
way of the world, and that is democracy. We switched roles and handed
off the gavel in peace, and we began to approach issues from a
different angle but with the same mission.
Mr. Speaker, as 2020 comes to a thankful close--I think we are all
ready to get it behind us--so does my 22 years of public service in
this incredible crucible of democracy, the United States House of
Representatives.
I want to start by thanking my wife of 38 years, and our son, who is
30, Mylene and Anthony. They have always supported me during my three
decades of State and Federal service, all the campaigns, all the
meetings, and all the times away. I know my colleagues will understand
this when I say I will never fully understand all that they sacrificed
so that I could fulfill my duty in office, but I do know it was a lot.
I also want to thank my terrific staff over the years, and especially
those who helped me build and lead such successful organizations,
including my two personal office chiefs of staff of over 22 years,
Brian MacDonald and Lorissa Bounds, terrific leaders both; my executive
directors at the NRCC when I ran the Republican campaign organization,
Liesl Hickey and Rob Simms; and my staff directors at the Energy and
Commerce Committee.
You have heard of the late great Ray Baum, my colleague dating clear
back to the late eighties in the Oregon Legislature and then all the
way through
[[Page H7091]]
just a couple years ago when he passed away of cancer. Mike Bloomquist
and Ryan Long also did such terrific work heading up the best committee
in Congress.
I want to thank the professional staff, many of whom have been on the
floor today, my personal staff in Oregon and Washington, D.C. We rely
so much on these very smart and talented people, and the country is
well-served by their work.
I want to thank the thousands of volunteers and supporters of my
campaigns over the years. We did it together, and I would like to
believe we did it for the right reasons: to leave our State and to
leave our country better places than we found them.
I also want to thank some important mentors in my life.
Of course, I would have to start with my parents, who grew up with
nothing during the Great Depression. They taught me the importance of
giving back to the community, of working hard, and of always being
honest and seldom being judgmental.
I want to thank those along the way who gave me some interesting
career opportunities.
My freshman year in college was spent at the University of Alaska
Fairbanks. I want to thank the folks at KTVF and the old KFRB Mighty
Ninety in Fairbanks who put a 17-year-old kid in charge of producing
and directing the 11 o'clock TV news. I had never been in a TV studio
before, and suddenly, as a freshman in college, I was working every
night doing that.
To Roger Martin, Vic Atiyeh, Gary Wilhelms, and Denny Smith, I
learned so much from working for each of you.
To former Oregon Speaker Larry Campbell, time and again you showed
Oregon how principled leadership produces good results. So it was great
sport serving alongside you in the Oregon House.
Of course, I want to thank the church, school, and scout leaders who
influenced my life in such a positive way. I would give a shout-out to
the late Earl Fowler. He was my high school vice principal and student
body officer adviser whose counsel, when I was student body president
at Hood River Valley High School, was as valuable then as it is now.
I remember one of the things he told us as student leaders was:
``When there is a leadership vacuum, fill it.'' He expected us to step
up, to lead, and to take on challenges.
I am indeed thankful for the opportunity the people of Oregon have
given me to represent them in the United States House of
Representatives. It is a responsibility I have always taken seriously
as I faithfully tried to do my best to represent them. After all, this
is their office, not mine. I was simply entrusted to use the powers
bestowed upon it for their benefit, something I never
forgot. It is part of why I have returned home nearly
every weekend and will soon--whenever we wrap up business
here--complete my 644th round trip back home.
My team and I put special emphasis on taking care of the men and
women who wear or have worn our Nation's uniform and defended America's
freedom:
We helped thousands of Oregon veterans and families receive the
benefits they earned and deserved.
We worked to strengthen the mission at Kingsley Air Field and open
veterans clinics throughout the community and the district.
We helped save the veterans facility in White City.
America is blessed to have those brave men and women who risk their
lives so that we can enjoy ours in peace. America owes them a debt we
can never fully repay.
Having grown up on a cherry orchard outside of The Dalles, Oregon, I
always had great admiration for those who farm and ranch and feed us. I
worked hard to protect their way of life, defending farmers and
ranchers from bad policy proposals. I stood up for their water rights.
I protected their land and ranching way of life.
I am especially proud of the Steens Mountain Cooperative Management
and Protection Act and the collaborative approach that it envisioned.
Moreover, I supported ag research and water conservation efforts
throughout the district. And while we made much progress on both
fronts, my one regret is that we could never find the key to unlocking
a durable and fair solution to the water crisis in the Klamath Basin
that could also pass in the Congress.
We did make progress to improve forest management, even though I am
disappointed Congress has dragged its feet in enacting much-needed
reforms to make our Federal forests healthier and more resilient to
climate change.
It was 17 years ago last week that President Bush signed the Healthy
Forest Restoration Act into law. Hopefully, in the next Congress, you
all will heed the guidance of our Yale forestry graduate and colleague,
Bruce Westerman, to modernize how we manage this great American
resource before the rest of it goes up in smoke.
Having spent 6 years as chair of the Telecommunications Subcommittee,
I am really proud of the bipartisan work we did together to open up
spectrum for advanced communications; enact FirstNet, our first
responders' new interoperable broadband network; and to expand access
to high-speed internet, although much work still remains to fully
connect all Americans to high-speed broadband.
With the RAY BAUM'S Act, we even reauthorized and modernized the FCC,
and, as you heard, that hadn't been done in a couple of decades.
When I had the great privilege and honor to chair the Energy and
Commerce Committee, we took on the deadly epidemic of drug overdose and
combined more than 60 bipartisan pieces of legislation into the SUPPORT
Act, which, while focused on the opioid crisis, actually was much
bigger than that and provided support for our communities to help all
with addiction.
We modernized our mental health laws, stepped up medical research,
and fully funded the Children's Health Insurance Program for a decade--
something that had never been done before.
We modernized the FDA and its approval processes for medicines and
medical devices, and thank goodness we did. Some of these changes have
already proven their value during this pandemic.
I am proud to have done my part to help enact Medicare part D, which
finally brought more affordable medicines to America's seniors. While
we need to update this law, it is a fact that Medicare part D has been
a godsend to seniors who no longer have to board buses to foreign
countries to get lifesaving medicines.
We also unleashed a cleaner energy revolution in America that created
thousands of new jobs and reduces America's carbon emissions, too.
Energy innovation holds the opportunity for a strong economy and a
healthier environment.
Mr. Speaker, as you can tell, I am pretty passionate about good
public policy, and I have really enjoyed this opportunity in serving
with all of you. I think we can use our resources we have among
ourselves in Congress to get good things done for the American people.
It wasn't easy to decide to voluntarily leave this wonderful
institution, but I had long ago decided I didn't want to get voted
out--and I don't think that was going to happen--or carried out. I was
confident I would win reelection, and my health is good, so I leave on
my own terms, feeling good about that which I have helped improve in
the lives of those who entrusted me election after election.
I leave feeling positive about the ability to get good policy done
right here in the U.S. House of Representatives. In fact, we just
worked through a slate of bipartisan bills again today.
I will miss this process, and I will miss you, my colleagues. Always
remember how important the work you do here is and how much the fate of
the American way of life rests in your hands every time you put that
voting card in one of these machines.
I am a big fan of Theodore Roosevelt. His writings have also had an
impact on my life. Just as my high school adviser encouraged us to fill
leadership vacuums, so did Roosevelt laud those who climbed into the
arena. So I close with President Roosevelt's words:
``It is not the critic who counts; not the man who points out how the
strong man stumbles, or where the doer of deeds could have done them
better. The credit belongs to the man who is actually in the arena,
whose face is marred by dust and sweat and blood; who strives
valiantly; who errs, who comes short again and again, because there is
no effort without error and shortcoming; but who does actually strive
to
[[Page H7092]]
do the deeds; who knows great enthusiasms, the great devotions; who
spends himself in a worthy cause; who at the best knows in the end the
triumph of high achievement, and who at the worst, if he fails, at
least fails while daring greatly, so that his place shall never be with
those cold and timid souls who neither know victory nor defeat.''
God bless you, my colleagues, family, and friends, and may God bless
the United States of America.
Mr. Speaker, I yield back the balance of my time.
Mr. PALLONE. Mr. Speaker, I urge support for passage of the bill, and
I also yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Pallone) that the House suspend the
rules and pass the bill, H.R. 7898, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to amend
the Health Information Technology for Economic and Clinical Health Act
to require the Secretary of Health and Human Services to consider
certain recognized security practices of covered entities and business
associates when making certain determinations, and for other
purposes.''.
A motion to reconsider was laid on the table.
____________________