GOP questions health software regulator’s authority

Top Republicans are questioning whether an office within the Health and Human Services Department has the authority to regulate software applications used in the health industry and impose user fees.

In a letter to Karen DeSalvo, national coordinator for health information technology (IT) at HHS, GOP leaders questioned whether the Office of National Coordinator (ONC) has the statutory authority to regulate health IT products based on a new report and whether it has the authority to receive user fees under its budget request.

“It is not clear to us under what statutory authority ONC is now pursuing these enhanced regulatory activities, including the levying of new user fees, on Health IT,” said the lawmakers on the House Commerce Committee. They included Chairman Fred Upton (R-MI), Vice Chairman Marsha Blackburn (R-TN), Health Subcommittee Chairman Joe Pitts (R-PA) and Communications and Technology Subcommittee Chairman Greg Walden (R-OR).