Title 42 — The Public Health and WelfareRelease 119-73

§300jj–16 Voluntary application and use of adopted standards and implementation specifications by private entities

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER XXVIII— - HEALTH INFORMATION TECHNOLOGY AND QUALITY › Part Part A— - Promotion of Health Information Technology › § 300jj–16

Last updated Apr 6, 2026|Official source

Summary

Private companies and organizations do not have to use the health IT standards and technical rules made under section 300jj–14, except as allowed under section 13112 of the HITECH Act (42 U.S.C. 17902). A federal agency cannot force a private company to follow those standards unless the agency already has that power from another law. If a private company has a contract with the federal government, it is not required to use those standards for anything outside the work covered by that contract.

Full Legal Text

Title 42, §300jj–16

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Except as provided under section 13112 of the HITECH Act [42 U.S.C. 17902], nothing in such Act or in the amendments made by such Act shall be construed—

(1)to require a private entity to adopt or comply with a standard or implementation specification adopted under section 300jj–14 of this title; or

(2)to provide a Federal agency authority, other than the authority such agency may have under other provisions of law, to require a private entity to comply with such a standard or implementation specification.

(b)Nothing in this part shall be construed to require that a private entity that enters into a contract with the Federal Government apply or use the standards and implementation specifications adopted under section 300jj–14 of this title with respect to activities not related to the contract.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The HITECH Act, referred to in subsec. (a), is title XIII of div. A and title IV of div. B of Pub. L. 111–5, Feb. 17, 2009, 123 Stat. 226, 467, also known as the Health Information Technology for Economic and Clinical Health Act. For complete classification of this Act to the Code, see

Short Title

of 2009 Amendment note set out under section 201 of this title and Tables.

Reference

Citations & Metadata

Citation

42 U.S.C. § 300jj–16

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73