Marketing Policy. ONC-ATCB 2011/2012 Certification Program

Marketing Policy

ONC-ATCB 2011/2012

Certification Program

September 20, 2010

Table of Contents

1.

MARKETING POLICIES ... 3

1.1. Certification Marketing Policy Application ... 4

1.2. Reference to ONC-ATCB 2011/2012 EHR Certification Status ... 4

1.3. Use of Seals and Certification Marks ... 5

1.4. Use of CCHIT’s Certification Facts™ Label ... 6

1.5. ONC’s Certified HIT Products List (CHPL) ... 6

1.6. Use of Statements ... 6

1.7. Technology or Company Renaming ... 7

1.8. Distribution of ONC-ATCB Certified Products By Others ... 8

1.9. Open Source Labeling ... 9

1.10. Rebranding of ONC-ATCB Certified Open Source Technology ... 9

1. MARKETING POLICIES

As part of earning ONC-ATCB 2011/2012 certification for your Complete EHR or your EHR Module, your organization will want to make your customers or potential buyers aware of your achievement.

CCHIT provides Marketing Policies in its Certification Handbook and, again, at the time of Certification to assist you in preparing your public announcements and marketing campaigns in keeping with the Office of the National Coordinator’s final rule of June 24, 2010 entitled, “Establishment of the Temporary Certification Program for Health Information Technology” (45 CFR Part 170, RIN 0991-AB59) and CCHIT’s marketing and communication policies to which you agreed in your contract.

These Policies aim to increase the transparency of the marketplace by differentiating for physicians and hospitals which products will help them meet the federal minimum requirements for “certified EHR technology” and support their achievement of meaningful use for incentive funding under the American Recovery and Reinvestment Act of 2009 (ARRA).

The Marketing Policies are part of the CCHIT’s Certification Program Policies. The terms and conditions of these Policies, except those contained in the final rule, may be revised by CCHIT in its sole discretion. All marketing promotion that refers to CCHIT or ONC-ATCB EHR certification must be clear and factual. Compliance with these Policies ensures a level playing field in the competitive health IT marketplace and protects the integrity of the ONC-ATCB EHR certification program. CCHIT vigorously enforces these Policies for the benefit of both your organization and your potential customers. CCHIT encourages you to protect your certification status by complying with these Policies.

Important Policy Notes

 Other than as required by Section 4.2 of this handbook, organizations are required to submit to CCHIT, for its prior review and written approval, all press releases mentioning CCHIT or technology with CCHIT’s ONC-ATCB 2011/2012certification. Organizations are not required to submit other promotional materials to CCHIT for approval but have the option of doing so if they are unsure if materials meet these Policies. Organizations will be held accountable for any violations of this Policy and all other Marketing Policies. Any failure to secure CCHIT’s prior written approval for press releases and any variance from pre-approved statements and uses of Certification Facts™ labels in an organization’s marketing, advertising or business materials, its public interviews, or its publicly observed behaviors shall be considered a violation of this Policy and grounds for revocation of the organization’s certification status. This Policy extends to any statements made by

organizations that are in any way false and misleading, as determined by CCHIT in its sole discretion.

 Organizations are required to follow ONC’s requirements related to public statements set forth in the Final Rule, §170.423, section (k) (including its incorporation of section (h)). (See Section 4.2 related to referencing your ONC-ATCB EHR certification status).

1.1. CERTIFICATION MARKETING POLICY APPLICATION

References to the terms “marketing and/or advertising materials,” “advertising” or “promotional materials” in these Policies include all publicly consumable external communications and material to be published in or disseminated through the following:

• Print: newspapers, magazines, professional journals, newsletters, direct mails, directories, product collateral, product packaging, product labeling, product, business papers

• Electronic: Web content, e-newsletters, online advertising, blogs or any other social media, downloadable material, Flash animations, Web seminars or presentations, email promotions, search-engine optimization, CDs, photography, video

• Broadcast: radio, television, Web

• Advertising specialties and premiums: bags, t-shirts, mugs, commemoratives, awards, building signs, etc.

You should read and examine these Marketing Policies prior to producing any promotional material that refers to CCHIT or the ONC-ATCB EHR certification program.

You may contact CCHIT’s Marketing Coordinator, Diana Coniglio, at dconiglio@cchit.org, or 312.674.4926 for additional information or clarification about these Policies.

You may reference ONC rules for ONC-ATCB EHR certification at http://healthit.hhs.gov. Only organizations that have received a Certification Document from CCHIT indicating they have successfully met designated Certification Criteria within an identified program category and have completed the appropriate agreements to earn Certification can promote or advertise technology as certified in the ONC-ATCB 2011/2012 EHR certification program.

If Certification is suspended or withdrawn for any reason, all materials referring to certification must be immediately removed from distribution, and you must discontinue any use of references to certification.

1.2. REFERENCE TO ONC-ATCB2011/2012EHRCERTIFICATION STATUS

In reference to your technology’s status as a certified Complete EHR or EHR Module, it is required in the final rule that you conspicuously include the following text on your website and in all marketing

materials, communications statements, and other assertions related to the Complete EHR or EHR Module’s certification:

“This [Complete EHR or EHR Module] is 2011/2012 compliant and has been certified by the Certification Commission for Health Information Technology (CCHIT®), an ONC-ATCB, in accordance with the applicable certification criteria for [Eligible Providers or Hospitals] adopted by the Secretary of Health and Human Services. This certification does not represent an endorsement by the U.S. Department of Health and Human Services or guarantee the receipt of incentive payments.” and

(1) The vendor name (if applicable); (2) The date certified;

(3) The product version

(4) The unique certification number or other specific product identification;

(5) The clinical quality measures to which a Complete EHR or EHR Module has been tested and certified; (6) Where applicable, any additional software a Complete EHR or EHR Module relied upon to

demonstrate its compliance with a certification criterion or criteria adopted by the Secretary; and

(7) Where applicable, the certification criterion or criteria to which each EHR Module has been tested and certified.

A certification issued to an integrated bundle of EHR Modules shall be treated the same as a certification issued to a Complete EHR except that it must also indicate each EHR Module that comprises the

bundle.

Certifications issued to a Complete EHR or EHR Module based on applicable certification criteria adopted by the Secretary must be separate and distinct from any other certification(s) based on other criteria or requirements such as those in the CCHIT Certified® programs.

Private labeled EHR products must reference the Original Equipment Manufacturer (OEM), its product name and version number and all other required information in ONC’s §170.423, sections (h) and (k).

1.3. USE OF SEALS AND CERTIFICATION MARKS

Technology certified under the ONC-ATCB EHR certification program is not eligible to use the “CCHIT Certified®” designation in any form or a CCHIT Certified® Certification Seal. Technology tested in the ONC-ATCB program may not claim “CCHIT certification.” “CCHIT® and “CCHIT Certified®” are

registered marks of the Certification Commission for Health Information Technology and may not be used without permission.

As an ONC-ATCB, CCHIT operates its ONC-ATCB EHR testing and certification program separately from its independently developed CCHIT Certified® programs.

1.4.

Each Complete EHR or EHR Module tested and certified by CCHIT in the ONC-ATCB EHR certification program will be listed on http://cchit.org with a link to a page describing the inspection results for that technology. The page contains a Certification Facts™ label indicating which of the Secretary’s adopted criteria are supported by the technology and other pertinent product information.

1.5. ONC’S CERTIFIED HITPRODUCTS LIST (CHPL)

In addition to CCHIT’s Certification Label, ONC will list product testing results in the Certified HIT Products List (CHPL). The CHPL is the primary and official listing of ONC-ATCB certified products. The CHPL will comprise all of the certified Complete EHRs or EHR Modules that could be used to meet the definition of Certified EHR Technology. It will also include the other pertinent information that ONC-ATCBs are required to report to the National Coordinator, such as a certified Complete EHR’s or EHR Module’s version number. Eligible professionals and hospitals that elect to use a combination of certified EHR Modules may use the CHPL Web page to validate whether the EHR Modules they have selected satisfy all of the applicable certification criteria that are necessary to meet the definition of Certified EHR Technology.

Unique Identifier: The Certification Facts™ label and the CHPL Web page will include a unique identifier for each certified Complete EHR and each certified EHR Module that satisfies all of the applicable

certification criteria necessary to meet the definition of Certified EHR Technology. The unique code or

number listed on the CHPL Web page could subsequently be used to submit to CMS for attestation purposes.

1.6. USE OF STATEMENTS

Upon achieving certification for your product or service, you may use the following statements, alone or in combination, to identify or describe CCHIT and the ONC-ATCB EHR certification program. You may also reference the CCHIT Web site at http://cchit.org for additional information. You must cite that source when you reprint information from the Web site and abide by the Terms of Use at http://cchit.org/terms-of-use .

1.6.1. Approved Descriptions about CCHIT

CCHIT may be referred to in the entirety, “the Certification Commission for Health Information Technology (CCHIT®)”, as “the Certification Commission” or as “CCHIT®” (pronounced C-C-H-I-T).

These statements must be used in their entirety.

“The Certification Commission for Health Information Technology (CCHIT®) is an independent, 501(c)3 nonprofit organization with the public mission of accelerating the adoption of robust, interoperable health information technology. The Commission has been certifying electronic health record technology since 2006 and is recognized by the Office of the National Coordinator for Health Information Technology (ONC), U.S. Department of Health and Human Services (HHS) as an Authorized Testing and Certification Body (ONC-ATCB). More information about CCHIT, CCHIT Certified® products and ONC-ATCB certified electronic health record technology is available at http://cchit.org.”

“The ONC-ATCB 2011/2012 EHR certification program, provided by the Certification Commission for Health Information Technology (CCHIT®)” as an Office of the National Coordinator – Authorized Temporary Certification Body (ONC-ATCB), inspects EHR technology against criteria and standards adopted by the Secretary of Health and Human Services (HHS). This certification qualifies EHRs as capable of supporting achievement of meaningful use for Stage 1 of the Medicare and Medicaid EHR Incentive Programs authorized by the American Recovery and Reinvestment Act of 2009 (ARRA).”

1.6.2. Approved Descriptions about “CCHIT®”

“CCHIT®” is a registered mark of the Certification Commission for Health Information Technology. The registration mark symbol ® should be applied directly after the acronym “CCHIT.” You need only apply the registration mark to the first reference of the term “CCHIT” within the written material. At the bottom of the page where the registration mark first appears there should be a footnote, which states:

“CCHIT® is a registered mark of the Certification Commission for Health Information Technology.”

1.7. TECHNOLOGY OR COMPANY RENAMING

In executing your organization’s marketing plan, you may decide to rename your company or your technology. CCHIT’s policy is to publicly list your company name, technology name and version number

exactly as it appears on your Certification Application. The marketing staff will not approve any

promotional material referencing your Certification status that varies from the Certification application information that you supplied.

If you wish to change the Certification application information for your company or your technology, you may do so by sending a letter on your company’s letterhead signed by a company executive, requesting this change. This letter may be sent electronically to any member of the CCHIT Certification Team,

followed by a hard copy sent to CCHIT’s address to the attention of the Certification Manager. We can begin the update to your listing only after we have received that official notification. See Section 2.11. CCHIT will then be required to update its reporting to ONC. Following ONC’s subsequent updating of the Certified HIT Products List (CHPL), your listing will be changed on CCHIT’s Web site.

1.8. DISTRIBUTION OF ONC-ATCBCERTIFIED PRODUCTS BY OTHERS

In the health IT marketplace, it is common practice for a developer of health IT to increase channels of product distribution through arrangements with Value Added Resellers (VARs) who typically resell the developing company’s product using the original name and version number, or through contracts as an Original Equipment Manufacturer (OEM) allowing another company to resell the product with a private label which bears a different name and version number than the original product. In circumstances where these arrangements involve the promotion and sale of an ONC-ATCB certified Complete EHR or EHR Module, the company or companies which originally sought certification bear the responsibility for managing the promotion of certification for its product according to the following guidelines:

1.8.1. Reselling ONC-ATCB Certified 2011/2012 Product with VARs

If you plan to resell your ONC-ATCB certified product through arrangements with VARs using the original name and version number of your product, you are responsible for assuring that the VAR conforms to all Certification Commission Marketing Policies provided in the Handbook and any updates received by you at the date of your product’s Certification or thereafter. You are responsible for providing the VAR with these Policies. Any violation of Marketing Policies by the VAR will jeopardize your product’s Certification status.

Failure to adequately manage the marketing practices of your resellers may result in the

revocation of your certification, the delisting of your product on CCHIT’s Web site and a report of the revocation to ONC.

CCHIT’s marketing staff will contact you directly for remediation of any Policy violation by your VAR. All such instances will be reported to CCHIT’s Executive Director and its Testing and Certification Director.

1.8.2. Reselling an ONC-ATCB Certified 2011/2012 Product as an OEM

If you plan to allow another company to license your ONC-ATCB Certified product for rebranding under their own company name with a privately labeled product name, you are responsible for executing an additional Certification Commission agreement, in cooperation with them, allowing them to reference the product’s certification status. Your OEM partner must then execute a separate agreement with CCHIT, described in Section 3.5.3 of the Certification Handbook.

Under this circumstance, your partner is directly responsible for meeting CCHIT’s Marketing Policies. You bear no responsibility for monitoring and correcting their marketing practices. If your ONC-ATCB

2011/2012 certification is suspended or revoked, or expires, your OEM partner’s certification will, without further action, inherit the same status.

In all marketing materials, communications statements, and other assertions related to the Complete EHR or EHR Module’s certification, companies distributing private labeled EHR products must reference the Original Equipment Manufacturer (OEM), its product name and version number and all other required information in ONC’s §170.423, sections (h) and (k).

Your OEM partner’s product listing will reference your originally certified product on the CCHIT Web site and will be listed as an alias under your product listing on ONC’s CHPL site.

1.9. OPEN SOURCE LABELING

For products offered under an Open Source licensing model, the organization or community submitting the product for certification shall be responsible for determining and enforcing its own policy regarding labeling of subsequent versions of the product it certified.

1.10. REBRANDING OF ONC-ATCBCERTIFIED OPEN SOURCE TECHNOLOGY

CCHIT recognizes that the source code of an Open Source certified EHR technology may be shared with other organizations who wish to rename the technology or system. To allow a second organization (recipient) to claim certification of the EHR technology, both organizations must follow the process described in Section 3.5.4.

2. VIOLATION OF MARKETING POLICIES

To consistently apply Marketing Policies, CCHIT, subject to its discretion to grant waivers or modifications on a case-by-case basis, follows these steps in enforcing its Agreement with your company:

First violation: the Marketing Coordinator issues a warning via email and certified mail to all three

officially listed health IT company contacts with instructions for remediation and an offer to clarify any misunderstood Policies. Every attempt is made to contact the organization via email or telephone to get confirmation that they understand the issues.

Second violation (or failure to correct the first violation within 15 calendar days): the Marketing

Coordinator, in consultation with the Testing and Certification Director, issues a notice to all three officially listed health IT company contacts via email and certified mail that certification is suspended, all product listings are removed from http://cchit.org and they have 30 days to correct the violation before

their certification is fully revoked. If they correct the violation in a timely fashion, all listed contacts are required to attend a Marketing Policy re-orientation before their product listing is restored.

Third violation (or continued failure to correct a violation following suspension): the Marketing

Coordinator, in consultation with the Testing and Certification Director and Executive Director, issues a notice to all three officially listed health IT company contacts via email and certified mail that certification is fully revoked. Report is made to ONC that ONC-ATCB EHR certification is revoked. The health IT company will be required to provide adequate assurances that, upon any reapplication for certification, they are committed to following the Policies as written.