Examples of HIPAA Enforcement Rule in a sentence
The IFR updated the HIPAA Enforcement Rule to reflect these statutory amendments.
Final rule adopting changes to the HIPAA Enforcement Rule to incorporate the increased and tiered civil money penalty structure provided by the HITECH Act, originally published as an interim final rule on October 30, 2009.
The HIPAA Enforcement Rule, 45 CFR Part 160, Subparts C–E, establishes rules governing the compliance responsibilities of covered entities with respect to the enforcement process, including the rules governing investigations by the Department, rules governing the process and grounds for establishing the amount of a civil money penalty where a violation of a HIPAA Rule has been found, and rules governing the procedures for hearings and appeals where the covered entity challenges a violation determination.
We also propose that the Secretary is permitted to conduct investigational inquiries in the same manner as the provisions of 45 CFR 160.314(b)(1)–(9) of the HIPAA Enforcement Rule.
For the same reason that the HIPAA Enforcement Rule adopted the ‘‘known or should have known’’ standard for filing a complaint, we require that complaints be filed within 180 days of when the complainant knew or should have known that the violation complained of occurred unless this time limit is waived by the Secretary for good cause shown.
The procedures proposed in this section are modeled on those used for the HIPAA Enforcement Rule.
The Secretary continues to be subject to the existing HIPAA Enforcement Rule with respect to the use and disclosure of protected health information received by the Secretary in connection with a HIPAA Privacy Rule investigation or compliance review (see 45 CFR 160.310(c)(3)); these proposed provisions do not modify those regulations.
We propose to issue subpoenas in the same manner as 45 CFR 160.314(a)(1)–(5) of the HIPAA Enforcement Rule, except that the term ‘‘this part’’ shall refer to 42 CFR Part 3.
Because Patient Safety Act violations will not be about specific claims, we propose to tailor the section 1128A(d) factors to violations of the confidentiality provisions and further particularize the statutory factors by providing discrete criteria, as done in the HIPAA Enforcement Rule and the OIG regulations that implement section 1128A of the Social Security Act, 42 U.S.C. 1320a–7a.
To conform to these provisions, § 160.534 of the HIPAA Enforcement Rule makes clear that, during any administrative hearing, the covered entity has the burden of going forward and the burden of persuasion with respect to these issues.