HIPAAssociates

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, 2004

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.

Correction to Rule (PDF).

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PREAMBLE:

REGULATION TEXT:

PART 160 - GENERAL ADMINISTRATIVE REQUIREMENTS
- Part 160 Authority Citation
- Add new Subpart E – Civil Money Penalties

Civil Money Penalties: Procedures for Investigations, Imposition of Penalties, and Hearings

PREAMBLE:

REGULATION TEXT:

Civil Money Penalties: Procedures for Investigations, Imposition
of Penalties, and Hearings