§ 54.637   Off-site data centers and off-site administrative offices.

   (a) The connections and network equipment associated with off-site data
   centers and off-site administrative offices used by eligible health
   care providers for their health care purposes are eligible for support
   under the Healthcare Connect Fund, subject to the conditions and
   restrictions set forth in paragraph (b) of this section.

   (1) An “off-site administrative office” is a facility that does not
   provide hands-on delivery of patient care, but performs administrative
   support functions that are critical to the provision of clinical care
   by eligible health care providers.

   (2) An “off-site data center” is a facility that serves as a
   centralized repository for the storage, management, and dissemination
   of an eligible health care provider's computer systems, associated
   components, and data, including (but not limited to) electronic health
   records.

   (b) Conditions and Restrictions. The following conditions and
   restrictions apply to support provided under this sections.

   (1) Connections eligible for support are only those that are between:

   (i) Eligible health care provider sites and off-site data centers or
   off-site administrative offices,

   (ii) Two off-site data centers,

   (iii) Two off-site administrative offices,

   (iv) An off-site data center and the public Internet or another
   network,

   (v) An off-site administrative office and the public Internet or
   another network, or

   (vi) An off-site administrative office and an off-site data center.

   (2) The supported connections and network equipment must be used solely
   for health care purposes.

   (3) The supported connections and network equipment must be purchased
   by an eligible health care provider or a public or non-profit health
   care system that owns and operates eligible health care provider sites.

   (4) If traffic associated with one or more ineligible health care
   provider sites is carried by the supported connection and/or network
   equipment, the ineligible health care provider sites must allocate the
   cost of that connection and/or equipment between eligible and
   ineligible sites, consistent with the “fair share” principles set forth
   in § 54.639(d).

   [ 78 FR 13987 , Mar. 1, 2013]

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