124 STAT. 150 PUBLIC LAW 111–148—MAR. 23, 2010 documentation and shall not be certified as being in compliance with such standards, unless the health plan— ‘‘(A) demonstrates to the Secretary that the plan con- ducts the electronic transactions specified in paragraph (1) in a manner that fully complies with the regulations of the Secretary; and ‘‘(B) provides documentation showing that the plan has completed end-to-end testing for such transactions with their partners, such as hospitals and physicians. ‘‘(3) SERVICE CONTRACTS.—A health plan shall be required to ensure that any entities that provide services pursuant to a contract with such health plan shall comply with any applicable certification and compliance requirements (and pro- vide the Secretary with adequate documentation of such compli- ance) under this subsection. ‘‘(4) CERTIFICATION BY OUTSIDE ENTITY.—The Secretary may designate independent, outside entities to certify that a health plan has complied with the requirements under this subsection, provided that the certification standards employed by such entities are in accordance with any standards or oper- ating rules issued by the Secretary. ‘‘(5) COMPLIANCE WITH REVISED STANDARDS AND OPERATING RULES.— ‘‘(A) IN GENERAL.—A health plan (including entities described under paragraph (3)) shall file a statement with the Secretary, in such form as the Secretary may require, certifying that the data and information systems for such plan are in compliance with any applicable revised stand- ards and associated operating rules under this subsection for any interim final rule promulgated by the Secretary under subsection (i) that— ‘‘(i) amends any standard or operating rule described under paragraph (1) of this subsection; or ‘‘(ii) establishes a standard (as described under subsection (a)(1)(B)) or associated operating rules (as described under subsection (i)(5)) for any other finan- cial and administrative transactions. ‘‘(B) DATE OF COMPLIANCE.—A health plan shall comply with such requirements not later than the effective date of the applicable standard or operating rule. ‘‘(6) AUDITS OF HEALTH PLANS.—The Secretary shall conduct periodic audits to ensure that health plans (including entities described under paragraph (3)) are in compliance with any standards and operating rules that are described under para- graph (1) or subsection (i)(5). ‘‘(i) REVIEW AND AMENDMENT OF STANDARDS AND OPERATING RULES.— ‘‘(1) ESTABLISHMENT.—Not later than January 1, 2014, the Secretary shall establish a review committee (as described under paragraph (4)). ‘‘(2) EVALUATIONS AND REPORTS.— ‘‘(A) HEARINGS.—Not later than April 1, 2014, and not less than biennially thereafter, the Secretary, acting through the review committee, shall conduct hearings to evaluate and review the adopted standards and operating rules established under this section. Deadlines. Certification.
