[Federal Register Volume 68, Number 205 (Thursday, October 23, 2003)]
[Notices]
[Pages 60694-60695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26629]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services


Statement of Organization, Functions, and Delegations of 
Authority

    Part F, of the Statement of Organization, Functions, and 
Delegations of Authority of the Department of Health and Human 
Services, Centers for Medicare & Medicaid Services (CMS), 49 FR 35247, 
dated September 6, 1984, is amended to include the following 
delegations of authority from the Secretary to the Administrator, CMS, 
with the authority to redelegate, to carry out the following 
administrative and enforcement activities vested in the Secretary of 
the Department of Health and Human Services under part C, of title XI 
of the Social Security Act, as amended.
    [sbull] Section F.30., Delegations of Authority, is amended to 
include the following delegations of authority for certain provisions 
under part C, of title XI of the Social Security Act.
    WW. 1. The authority under section 262 of the Health Insurance 
Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, 
as amended, to administer and to make decisions regarding the 
interpretation, implementation and enforcement of the regulations 
adopting standards and general administrative requirements under 45 
CFR, parts 160, 162 and 164 (except to the extent that these actions 
pertain to the ``Standards for Privacy of Individually Identifiable 
Health Information'').
    2. The authority under section 262 of the Health Insurance 
Portability and Accountability Act of 1996 (HIPAA), as amended, except 
to the extent that these actions pertain to the Standards for Privacy 
of Individually Identifiable Health Information, to:
    A. Impose civil monetary penalties, under section 1176 of the 
Social Security Act, including any settlement thereof, for a covered 
entity's failure to comply with certain requirements and standards.
    B. Make exception determinations, under section 1178(a)(2)(A) of 
the Social Security Act, concerning when provisions of State laws that 
are contrary to the Federal standards are not preempted by the Federal 
provisions.

Exclusion to This Authority

    All actions under Part C, of Title XI that pertain to Standards for 
Privacy of Individually Identifiable Health Information, were delegated 
by the Secretary to the Director, Office for Civil Rights, and are 
excluded from this delegation. This delegation to the Administrator 
also excludes the authority to issue regulations and to hold hearings 
and issue final determinations if the respondent has requested a 
hearing on the imposition of civil monetary penalties. This delegation 
should be exercised under the Department's existing delegation of 
authority and policy on issuance of regulations. In addition, I hereby 
affirm and ratify any actions taken by the Administrator, CMS, or any

[[Page 60695]]

subordinates, that involved the exercise of the authority delegated 
hereunder prior to the effective date of this delegation.
    This delegation of authority is effective immediately (October 7, 
2003).

    Dated: October 7, 2003.
Tommy G. Thompson,
Secretary.
[FR Doc. 03-26629 Filed 10-22-03; 8:45 am]
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