HIPAA Administrative Simplification:
Enforcement
(as published in the Federal Register, February 16,
2006)
Regulation Effective Date: March 16, 2006
HHS Summary: The Secretary of Health and
Human Services is adopting rules for
the imposition of civil money penalties
on entities that violate rules adopted by
the Secretary to implement the
Administrative Simplification
provisions of the Health Insurance
Portability and Accountability Act of
1996, Public Law 104–191 (HIPAA). The
final rule amends the existing rules
relating to the investigation of
noncompliance to make them apply to
all of the HIPAA Administrative
Simplification rules, rather than
exclusively to the privacy standards. It
also amends the existing rules relating
to the process for imposition of civil
money penalties. Among other matters,
the final rule clarifies and elaborates
upon the investigation process, bases for
liability, determination of the penalty
amount, grounds for waiver, conduct of
the hearing, and the appeal process.
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