This proposed rule is no longer the most current information. It will continue to be available for reference, but the final rule has been published. View the final rule.
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Civil Money Penalties:
Procedures for Investigations, Imposition
of Penalties, and Hearings
(as published in the Federal Register, April 17,
2003;
corrected April 28, 2003)
Regulation Effective Date: May 19, 2003
Comments must be received by
June 16, 2003
This interim final rule will
cease to be in effect on
September 16, 2005
HHS SUMMARY: This interim final rule establishes rules of
procedure for the imposition, by the Secretary of Health and Human
Services, of civil money penalties on entities that violate standards
adopted by the Secretary under the Administrative Simplification
provisions of the Health Insurance Portability and Accountability
Act of 1996, Pub. L. 104-191 ("HIPAA"). We intend that
this be the first installment of a rule that we term the "Enforcement
Rule." The Enforcement Rule, when issued in complete form,
will set forth procedural and substantive requirements for imposition
of civil money penalties. In the interim, we are issuing these rules
of procedure to inform regulated entities of our approach to enforcement
and to advise regulated entities of certain procedures that will
be followed as we enforce the Administrative Simplification provisions
of HIPAA.
A correction to the Interim HIPAA Enforcement Rule was published
in the April 28, 2003 Federal Register. The rule as originally published
April 17 had an expiration date of September 16, 2003; the correct
expiration date is September 16, 2004.
On September 15, 2004, a notice was published in the Federal Register
extending the expiration date to September 16, 2005, while HHS continues
working to develop a more comprehensive final enforcement rule.
PREAMBLE:
REGULATION TEXT:
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