Communication Condition of Certification Notice
As a developer of certified health information technology (“HIT”), Modernizing Medicine, Inc. and its affiliates (“ModMed”) are committed to complying with Conditions and Maintenance of Certification Requirements for certified HIT established by the Office of the National Coordinator for HIT (“ONC”).
Among other things, these requirements mandate that certified HIT developers, like us, cannot prohibit or restrict communications about certain aspects of our certified HIT (specifically, usability, interoperability, security, relevant information regarding users’ experiences, business practices related to exchanging electronic health information, and the manner in which a user has used the technology) unless permitted to do so under 45 C.F.R. § 170.403 (the “Communications Condition of Certification”). We encourage our customers and other contractual counterparties to review the ONC Cures Act Final Rule for more details on the Communications Condition of Certification: https://www.healthit.gov/curesrule/download.
Accordingly, we do not and will not prohibit or restrict protected communications regarding our certified HIT by our customers or contractual counterparties. To the extent that any agreements we have with our customers or other contractual counterparties could be construed as prohibiting or restricting communications protected by the Communications Condition of Certification, we confirm that we will not enforce any such contract language to the limited extent that it prohibits or restricts any communication in a manner that conflicts with the Communications Condition of Certification.
For any questions regarding this notification, please contact your ModMed representative or email [email protected].