Protect the integrity of American healthcare data and ensure that healthcare IT jobs are reserved for U.S. citizens and permanent residents living and working within the United States of America for the duration of their employment. It applies to IT staff for healthcare professionals, facilities, and health insurance providers, covering all agencies and entities governed by the Health Insurance Portability and Accountability Act (HIPAA).
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Ban on Subsidiary Manipulation and Existing Loopholes: No U.S.-based healthcare IT company shall acquire, establish, or operate subsidiaries or entities that transfer work outside the U.S. This includes using domestic or foreign organizations to hire non-U.S. personnel for tasks supporting domestic operations. All healthcare IT work must be performed within the U.S. Companies must proactively identify and close any loopholes that facilitate indirect outsourcing, report vulnerabilities to regulatory bodies, and take corrective action. Failure to address these loopholes will result in penalties, including fines and contract suspension.
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Workforce Residential Requirements: All positions related to healthcare information technology—such as software development, data management, cybersecurity, and system administration—within U.S. healthcare organizations must be filled solely by U.S. citizens or permanent U.S. residents with a valid U.S. green card. This ensures the security and confidentiality of healthcare data remain under the control of individuals fully subject to U.S. laws.
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Disclosure and Compliance: To ensure compliance, regular audits will be conducted by designated independent certified agencies. Companies violating these provisions will face immediate investigation. Penalties include substantial fines, disqualification from government contracts, and suspension of healthcare sector operations until compliance is restored. Violations related to offshore hiring or non-disclosure will be met with the strictest penalties to ensure adherence to the policy’s objectives. Violations must also be disclosed to applicable patients and health insurance plan subscribers.
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Limitation on Outsourcing: Outsourcing healthcare IT functions to foreign companies or non-U.S. workers is strictly prohibited. This includes both direct outsourcing and indirect use of intermediaries. All healthcare IT work must be performed by individuals physically located within the U.S., ensuring that U.S. laws governing healthcare data protection, such as HIPAA, are fully enforced without jurisdictional gaps or offshore handling of data.
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Data Protection and National Security: Given the critical nature of healthcare data, only vetted, U.S.-based personnel may access or handle such information. Allowing foreign entities or workers to engage in healthcare IT creates vulnerabilities, exposing sensitive patient data to security risks. This policy prioritizes the protection of U.S. healthcare systems from foreign interference or breaches, ensuring that all personnel with access to healthcare IT systems are subject to U.S. legal jurisdiction.
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Transition Period for Current Practices: Companies currently engaging in practices contrary to this policy will have a one-year transition period to discontinue such practices and fully comply. Failure to comply within this period will result in enforcement actions as outlined in this policy.
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Prohibition on Lobbying to Amend or Overturn Policy: Any efforts by foreign or domestic entities to lobby, influence, or advocate for changes, amendments, or the repeal of this policy are strictly prohibited. This applies to healthcare IT companies, lobbying firms, industry groups, and any foreign or domestic interest seeking to alter the policy through legislative, regulatory, or administrative channels. Violations of this prohibition will result in severe penalties, including fines, disqualification from government contracts, and potential legal action to ensure that the integrity of the policy is maintained.
Conclusion: This policy preserves healthcare IT roles for U.S. workers and protects sensitive healthcare data from security risks associated with offshore hiring practices. By enforcing strict employment and operational standards, we promote job growth, safeguard national security, and ensure the protection of patient data within U.S. borders.