[Federal Register: April 16, 2007 (Volume 72, Number 72)]
[Notices]               
[Page 18999-19000]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap07-91]                         

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

 
Office for Civil Rights; Delegations of Authority

    Notice is hereby given that I have delegated to the Director of the 
Office for Civil Rights the following authority vested in the Secretary 
of Health and Human Services.
    A. Subpoenas for the Health Insurance Portability and 
Accountability Act of 1996: Authority under Section 205(d) of the 
Social Security Act (42 U.S.C. 405(d)), with authority to redelegate, 
to issue subpoenas requiring the attendance and testimony of witnesses 
and the production of any evidence that relates to any matter under 
investigation or compliance review for failure to comply with the 
Health Insurance Portability and Accountability Act of 1996 (HIPAA) 
standards and requirements related to the privacy of individually 
identifiable health information at 45 CFR parts 160 and 164.
    Section 1176(a)(2) of the Social Security Act, 42 U.S.C. 1320d-
5(a)(2), which provides authority for the imposition of civil money 
penalties (CMPs) for violations, makes section 1128A of the Social 
Security Act, 42 U.S.C. 1320a-7a, applicable to the imposition of CMPs 
for violations of the HIPAA administrative simplification standards. 
Section 1128A(j)(1), 42 U.S.C. 1320a-7a(j)(1), makes section 205(d) and 
(e) of the Social Security Act, 42 U.S.C. 405(d) and (e), applicable to 
section 1128A as the subsections are with respect to Title II of the 
Social Security Act. Section 205(d) and (e) authorizes the issuance of 
subpoenas requiring the attendance and testimony of witnesses and the 
production of any evidence that relates to any matter under 
investigation by the Secretary and the enforcement of such a subpoena 
in court in event of refusal to comply.
    B. Subpoenas for the Patient Safety and Quality Improvement Act of 
2005: Authority under Section 205(d) of the Social Security Act (42 
U.S.C. 405(d)), with authority to redelegate, to issue subpoenas 
requiring the attendance and testimony of witnesses and the production 
of any evidence that relates

[[Page 19000]]

to any matter under investigation or compliance review for failure to 
comply with the confidentiality provisions of the Patient Safety and 
Quality Improvement Act of 2005. Section 922(f)(2) of the Public Health 
Service Act, 42 U.S.C. 299b-22(f)(2), provides that section 1128A of 
the Social Security Act shall apply to CMPs under the Patient Safety 
and Quality Improvement Act of 2005. As noted above, section 1128A 
incorporates by reference section 205(d) and (e) of the Social Security 
Act, which authorizes the issuance and enforcement of subpoenas.
    These delegations shall be exercised under the Department's 
existing delegation of authority on the issuance of regulations and 
existing policy on the issuance of regulations.
    In addition, I hereby affirm and ratify any actions taken by the 
Director of the Office for Civil Rights or his subordinates which 
involved the exercise of the authority delegated herein prior to the 
effective date of these delegations.
    These delegations are effective immediately.

Michael O. Leavitt,
Secretary.
[FR Doc. 07-1872 Filed 4-13-07; 8:45 am]

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