[Federal Register Volume 72, Number 72 (Monday, April 16, 2007)]
[Notices]
[Page 19003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1871]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare and Medicaid Services


Delegation of Authority

    Notice is hereby given that I have delegated to the Administrator 
of the Centers for Medicare and Medicaid Services, the following 
authority vested in the Secretary of Health and Human Services.
    Subpoenas for the Health Insurance Portability and Accountability 
Act of 1996 (HIPAA): 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 at 45 CFR parts 160, 162 and 164 
(except to the extent they pertain to the standards for privacy of 
individually identifiable health information).
    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 HIPAA administrative simplification standards. 
Section 1128A(j)(1), 42 U.S.C. 1320a-7a(j)(l), 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.
    This delegation 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 
Administrator of the Centers for Medicare and Medicaid Services, or his 
subordinates which involved the exercise of the authority delegated 
herein prior to the effective date of this delegation.
    This delegation is effective immediately.

Michael O. Leavitt,
Secretary.
[FR Doc. 07-1871 Filed 4-13-07; 8:45 am]
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