Enforcement Discretions

USCDI v3 Data Elements Enforcement Discretion

Consistent with EO 14168 and OPM guidance, the Assistant Secretary for Technology Policy (ASTP) and the Office of the National Coordinator for Health Information Technology (ONC) (collectively, ASTP/ONC) is exercising enforcement discretion and issuing certification guidance for the ONC Health IT Certification Program. Section 170.550 of Title 45 of the Code of Federal Regulations requires an ONC-Authorized Certification Body (ONC-ACB), when certifying Health IT Modules, to certify in accordance with the applicable certification criteria adopted in regulation. 
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Insights Condition and Maintenance of Certification Enforcement Discretion

In consideration of potential future deregulatory actions under ASTP/ONC authorities and consistent with EO 14192, ASTP/ONC has identified certain regulatory requirements for which the exercise of enforcement discretion may prevent or mitigate the accrual of sunk costs by regulated entities.
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