HHS Proposes New Rules on HIPAA Violations

On April 18, 2005 the Department of Health and Human Services published a Notice of Proposed Rulemaking in the Federal Register which proposes the bases and procedures for imposing civil money penalties on covered entities that violate any of the HIPAA Administrative Simplification Rules (based on HIPAA, the Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191.)

Comments from the public are requested, and are due by JUNE 17.

The NPRM is entitled: "Civil Money Penalties: Policies and Procedures for Investigations, Imposition of Penalties, and Hearings."

The proposed rule would amend 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 would also amend the existing rules relating to the process for imposition of civil money penalties. Among other matters, the proposed rules would clarify and elaborate upon the investigation process, bases for liability, determination of the penalty amount, grounds for waiver, conduct of the hearing, and the appeal process.

For the Full Text, go to:

http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-7512.pdf