Hello, (01)
Since the Onto-Health RFI Response has been posted on our open website, this
HSA notice seems moot. Just in case anyone feels otherwise, please contact
the Steering Committee members: Peter P. Yim, Mark Musen, or Bob Smith. (02)
Also, today's Ontolog session contains several important references which
may be of interest. (03)
>From Peter's summary of today's session: (04)
>>>>>>
2. next week's regular call will be focusing a little more on "what's next
for our [health-ont] effort" ... please come join us (see call-in details
at:
http://ontolog.cim3.net/cgi-bin/wiki.pl?ConferenceCall_2005_06_09
closer to the time), especially if you were already involved in the earlier
NHIN-RFI response or the [health-ont] presentation effort. (05)
3. David Whitten & Chris Richardson from WorldVistA/OpenVistA projects (the
charitable organization / open source community who are making VistA -- the
largest integrated hospital software package in the world, as well as
healthcare information technology in general, more affordable and more
widely available both within the United States and internationally) will be
our invited speakers for June and will be presenting on Thursday, June 16,
2005. Mark your calendars now! ... and refer to details at
http://ontolog.cim3.net/cgi-bin/wiki.pl?ConferenceCall_2005_06_16
closer to the time. RSVP when you see the official announcement/invitation. (06)
... plenty more going on! Please find the proceedings of the call
at: (07)
http://ontolog.cim3.net/cgi-bin/wiki.pl?ConferenceCall_2005_06_02#nidCS4 (08)
============= (09)
Regards, (010)
Bob Smith
Health Ontolog Projects
Bob@xxxxxxxxxxxxxx (011)
-----Original Message-----
From: HHS NHINRFI [mailto:HHSNRFI@xxxxxxx]
Sent: Thursday, June 02, 2005 10:20 AM
To: HHS NHINRFI
Subject: Release of your response to HHS Request for Information regarding
National Health Information Network (NHIN)
Importance: High (012)
The Department of Health and Human Services has received a request pursuant
to the Freedom of Information Act (5 U.S.C. § 522) or "FOIA," for all
comments submitted in response to the November 15, 2004 Request for
Information (RFI) on the development and adoption of a National Health
Information Network (NHIN). (013)
In response to this FOIA request, the Office of the National Coordinator for
Health Information Technology (ONC) will publish on its website all RFI
responses. (014)
If you seek to withhold the mandatory release of your RFI response, you
must: (1) review the eligible exemptions listed below, and (2) reply to this
email message with the justification for doing so within 10 business days as
described below. (015)
1. ELIGIBLE EXEMPTIONS FOR NON-DISCLOSURE
Exemption 4 of the FOIA (5 U.S.C. § 552(b)(4)) allows the Department of
Health and Human Services to protect certain confidential commercial
information that is submitted to us. Specifically, it exempts from
disclosure under FOIA "trade secrets and commercial or financial information
obtained from a person and privileged or confidential." The Department of
Health and Human Services' regulation at 45 C.F.R. § 5.65(a)-(b) explains
the types of commercial information that may be withheld from a FOIA
requester (see the regulation for more detailed information at
http://www.hhs.gov/foia/45cfr5.html#Subf). (016)
* Trade secret: For this exception to apply to information
that is a trade secret, there must be a direct relationship between the
trade secret and the productive process. A trade secrets is described as a
secret, commercially valuable plan, formula, process, or device that is used
for the making, preparing, compounding, or processing of trade commodities
and that can be said to be the end product of either innovation or
substantial effort. (017)
* Commercial or financial information: We will not disclose
records whose information is: (1) "commercial or financial;" (2) is obtained
from a person, and (3) is "privileged or confidential." Information is
"commercial or financial" if it relates to businesses, commerce, trade,
employment, profits, or finances (including personal finances). We
interpret this category broadly. Information is "obtained from a person" if
HHS has obtained it from someone outside the Federal Government or from
someone within the Government who has a commercial or financial interest in
the information. "Person" includes an individual, partnership, corporation,
association, state or foreign government, or other organization. Information
is "privileged" if it would ordinarily be protected from disclosure in civil
discovery by a recognized evidentiary privilege, such as the attorney-client
privilege or the work product privilege. Information is "confidential" if
it meets one of four tests, including that disclosure would substantially
harm the competitive position of the person who submitted the information. (018)
2. REQUESTING NON-DISCLOSURE
If you submitted information in your RFI response that you believe is a
trade secret or confidential commercial or financial information and you
don't want your RFI response disclosed to the public, you must reply to this
email and indicate which part of your response should be treated as
confidential and explain why. (019)
You have 10 business days of the transmission of this email to identify any
information that you recommend being treated as confidential and withheld
from disclosure. ONC will confirm receipt of your reply via email. The
Department of Health and Human Service will review your request and notify
you of its determination on your request to withhold disclosure. After 10
business days, if ONC does not receive a response, your information will be
made publicly available through the ONC homepage. (020)
For further information, please contact ONC at 202-205-2761, or
202-690-7151. (021)
_________________________________________________________________
Msg Archives: http://ontolog.cim3.net/forum/health-ont/
Community Files: http://ontolog.cim3.net/file/work/health-ont/NHIN-RFI/
To Post: mailto:health-ont@xxxxxxxxxxxxxxxx
Community Wiki: http://ontolog.cim3.net/cgi-bin/wiki.pl?NhinRfi (022)
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