Health IT developers now have until January 1, 2026 to file the attestation of compliance with the Conditions and Maintenance of Certification requirements of 45 CFR part 170, subpart D implemented by the Department of Health and Human Services (“HHS”) under the ONC Cures Act Final Rule.

The ONC Cures Act Final Rule “Attestations” Condition and Maintenance of Certification requirements require a health IT developer, or its authorized representative that is capable of binding the health IT developer, to provide an attestation of compliance with the following Conditions and Maintenance of Certification requirements in 45 CFR part 170, subpart D to the HHS Secretary semiannually for any Health IT Modules that have or have had an active certification at any time under the ONC Health IT Certification Program (Certification Program) during the prior six months:

• Information blocking (§ 170.401);
• Assurances (§ 170.402), subject to more limited requirements if the health IT developer certified a Health IT Module(s) that is part of a health IT product which can store electronic health information;
• Communications (§170.403);
• Application programming interfaces (APIs) (§ 170.404), if the health IT developer has a Health IT Module(s) certified to certain certification criteria; and such health IT developer must also ensure that health IT allows for health information to be exchanged, accessed, and used, in the manner described in § 170.404; and
• Real world testing (§ 170.405), if the health IT developer has a Health IT Module(s) certified to certain certification criteria.

Per Certification Program guidance, a health IT developer is required to submit its attestation to an ONC-Authorized Certification Body (ACB) within a designated 30-day window twice a year (every six months) during the months of April and October. April attestations cover the months of October–March, while October attestations cover April–September.[1]

From October 1, 2025, through November 12, 2025, the Assistant Secretary for Technology Policy (ASTP) and the Office of the National Coordinator for Health Information Technology (ONC) (collectively, “ASTP/ONC”) shut down due to a lapse in appropriations.

Shilehealth IT developers’ attestations were due by October 31, 2025, the government shutdown that resulted from the appropriations lapse made the ASTP/ONC website for attestation submissions and related compliance resources unavailable. ASTP/ONC staff also were unavailable to provide operational or program support for ONC-ACBs or health IT developers and their authorized representatives.

Due to these disruptions, ASTP/ONC has announced the following enforcement discretion:

• ASTP/ONC will not exercise its direct review authority under 45 CFR 170.580 for any non-conformity, potential or actual, that arises solely from a health IT developer not complying with 45 CFR 170.406 until January 1, 2026. Specifically, ASTP/ONC will not exercise its direct review authority over a health IT developer’s obligation to submit their semiannual attestation that would have been due by October 31, 2025, until January 1, 2026, for such attestation.
• ASTP/ONC will not conclude that an ONC-ACB has failed to review and submit health IT developer attestations to ASTP/ONC as required by 45 CFR 170.523(q), failed to ensure that health IT developers meet their attestation responsibilities as required by 45 CFR 170.550(l), or violated the good standing provisions of 45 CFR 170.560(a); or take any enforcement action under 45 CFR 170.565 against an ONC-ACB if an ONC-ACB does not review and submit health IT developers’ attestations originally due to ASTP/ONC by October 31, 2025, until January 1, 2026.

This enforcement discretion will apply until January 1, 2026 to give health IT developers and ONC-ACBs through December 31, 2025, to ensure submission of attestations for the period covering April 2025 through September 2025. The deadline for the April 2026 attestation submission, covering the period from October 2025 through March 2026 remains April 30, 2026.

For additional information on the attestation requirements, please see the Certification Companion Guide for Attestations and the Attestations Resource Guide.

For More Information Or Help

We hope this update is helpful. For more information about these or other health or other employee benefits, human resources, insurance, or health care legal developments, please contact the author, Cynthia Marcotte Stamer, via e-mail or telephone at (214) 452-8297.

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About the Author

Cynthia Marcotte Stamer is a Martindale-Hubble AV-Preeminent (highest/top 1%) practicing attorney nationally celebrated as a “Top Woman Lawyer,” “Top Rated Lawyer,” and “LEGAL LEADER™” in Health Care Law and Labor and Employment Law; among the “Best Lawyers In Dallas” in “Labor & Employment,” “Tax: ERISA & Employee Benefits,” “Health Care” and “Business and Commercial Law recognized for her experience, scholarship, thought leadership and advocacy on health and other employee benefits, insurance, healthcare, workforce, HIPAA and other data and technology and other compliance in connection with her work with health care and life sciences, employee benefits, insurance, education, technology and other highly regulated and performance-dependent clients.

Board certified in labor and employment law by the Texas Board of Legal Specialization and a Fellow in the American College of Employee Benefits Counsel, Ms. Stamer is nationally recognized for her decades of leading edge experience on the design, sponsorship, administration and defense of health and other employee benefit, workforce, insurance, healthcare , data and technology and other operations to promote legal and operational compliance, reduce regulatory and other liability and promote other operational goals.

Along with her decades of legal and strategic consulting experience, Ms. Stamer also contributes her leadership and experience to many professional, civic and community organizations. She currently serves as Co-Chair of the ABA Real Property Trusts and Estates (“RPTE”) Section Welfare Plan Committee, Co-Chair of the ABA International Section International Employment Law Committee and its Annual Meeting Program Planning Committee, Chair Emeritus and Vice Chair of the ABA Tort Trial and Insurance (“TIPS”) Section Medicine and Law Committee, and Chair of the ABA Intellectual Property Section Law Practice Management Committee. She also has served as Scribe for the Joint Committee on Employee Benefits (“JCEB”) annual agency meetings with the Department of Health and Human Services and JCEB Council Representative, International Section Life Sciences Committee Chair, RPTE Section Employee Benefits Group Chair and a Substantive Groups Committee Member, Health Law Section Managed Care & Insurance Interest Group Chair, as TIPS Section Medicine and Law Committee Chair and Employee Benefits Committee and Workers Compensation Committee Vice Chair, Tax Section Fringe Benefit Committee Chair, and in various other ABA leadership capacities. Ms. Stamer also is a former Southwest Benefits Association Board Member and Continuing Education Chair, SHRM National Consultant Board Chair and Region IV Chair, Dallas Bar Association Employee Benefits Committee Chair, former Texas Association of Business State, Regional and Dallas Chapter Chair, a founding board member and Past President of the Alliance for Healthcare Excellence, as well as in the leadership of many other professional, civic and community organizations. She also is recognized for her contributions to strengthening health care policy and charitable and community service resolving health care challenges performed under PROJECT COPE Coalition For Patient Empowerment initiative and many other pro bono service involvements locally, nationally and internationally.

Ms. Stamer is the author of many highly regarded works published by leading professional and business publishers, the ABA, the American Health Lawyers Association, and others. Ms. Stamer also frequently speaks and serves on the faculty and steering committee for many ABA and other professional and industry conferences and conducts leadership and industry training for a wide range of organizations.

For more information about Ms. Stamer or her health industry and other experience and involvements, see http://www.cynthiastamer.com or contact Ms. Stamer via telephone at (214) 452-8297 or via e-mail here.

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• 6/16 Deadline To Recommend On Patient-Centric Technology Design With CMS and ONC
• Health Care Organizations Urged To Strengthen Right Of Conscience Defenses As HHS Opens 2 Right Of Conscience Investigations Within 1 Month Of Opening New Child Chemical Or Surgical Mutilation Whistleblower Portal
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NOTICE: These statements and materials are for general information and purposes only. They do not establish an attorney-client relationship, are not legal advice or an offer or commitment to provide legal advice, and do not serve as a substitute for legal advice. Readers are urged to engage competent legal counsel for consultation and representation considering the specific facts and circumstances presented in their unique circumstances at the particular time. No comment or statement in this publication is to be construed as legal advice or admission. The author reserves the right to qualify or retract any of these statements at any time. Likewise, the content is not tailored to any particular situation and does not necessarily address all relevant issues. Because the law constantly and often evolves, subsequent developments that could impact the currency and completeness of this discussion are likely. The author and Solutions Law Press, Inc. disclaim and have no responsibility to provide any update or otherwise notify anyone of any fact or law-specific nuance, change, limitation, or other condition that might affect the suitability of reliance upon these materials or information otherwise conveyed in connection with this program. Readers may not rely upon, are solely responsible for, and assume the risk and all liabilities resulting from their use of this publication.

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©️2025 Cynthia Marcotte Stamer. Reprinted by permission pursuant to non-exclusive license to Solutions Law Press.

[1] https://www.healthit.gov/condition-ccg/attestations