[Federal Register Volume 74, Number 148 (Tuesday, August 4, 2009)]
[Notices]
[Page 38630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18557]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Office for Civil Rights; Delegation of Authority

    Notice is hereby given, that I have delegated to the Director of 
the Office for Civil Rights (OCR), with authority to redelegate, the 
following authority vested in the Secretary of Health and Human 
Services:
    1. The authority under section 262 of the Health Insurance 
Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, 
as amended, to the extent that these actions pertain to the ``Security 
Standards for the Protection of Electronic Protected Health 
Information,'' at 45 CFR part 160 and part 164, subparts A and C, to
    A. Impose civil money penalties under section 1176 of the Social 
Security Act for a covered entity's failure to comply with certain 
requirements and standards;
    B. 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 
certain requirements and standards; and
    C. 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.
    2. The authority under section 262 of HIPAA, as amended, to 
administer the regulation ``Security Standards for the Protection of 
Electronic Protected Health Information,'' at 45 CFR part 160 and part 
164, subparts A and C, and General Administrative Requirements, 45 CFR 
Part 160, as these requirements pertain to part 164, subparts A and C, 
and to make decisions regarding the interpretation and enforcement of 
these Standards and General Administrative Requirements.
    This delegation shall be exercised under the Department's existing 
delegation of authority and policy relating to regulations.
    This delegation supersedes the memorandum from the Secretary to the 
Administrator, Centers for Medicare & Medicaid Services, dated October 
7, 2003, titled ``Delegation of Authority for Certain Provisions Under 
Part C of Title XI of the Social Security Act.''
    I hereby affirm and ratify any actions taken by the Director of OCR 
or his/her subordinates which involved the exercise of the authority 
delegated herein prior to the effective date of this delegation.
    This delegation is effective immediately.

    Dated: July 27, 2009.
Kathleen Sebelius,
Secretary.
[FR Doc. E9-18557 Filed 8-3-09; 8:45 am]
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