[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Proposed Rules]
[Page 46182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21424]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

45 CFR Parts 160 and 162

[CMS-0037-WN]


Administrative Simplification: Certification of Compliance for 
Health Plans; Withdrawal

AGENCY: Office of the Secretary, HHS.

ACTION: Withdrawal of proposed rule.

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SUMMARY: This document withdraws the January 2, 2014, proposed rule 
that would have required a controlling health plan (CHP) to submit 
information and documentation demonstrating that it is compliant with 
certain standards and operating rules adopted by the Secretary of 
Health and Human Services (the Secretary) under the Health Insurance 
Portability and Accountability Act of 1996 (HIPAA). This proposed rule 
would have also established penalty fees for a CHP that failed to 
comply with the certification of compliance requirements.

DATES: As of October 4, 2017, the proposed rule published January 2, 
2014, at 79 FR 298, is withdrawn.

FOR FURTHER INFORMATION CONTACT: Geanelle G. Herring, (410) 786-4466.

SUPPLEMENTARY INFORMATION: In the January 2, 2014, Federal Register (79 
FR 298), we published the proposed rule titled ``Administrative 
Simplification: Certification of Compliance for Health Plans'' which 
would have required controlling health plans (CHPs) to submit certain 
information and documentation that demonstrated compliance with the 
standards and operating rules adopted under the Health Insurance 
Portability and Accountability Act of 1996 (HIPAA) for three electronic 
transactions: Eligibility for a health plan, health care claim status, 
and health care electronic funds transfers (EFT) and remittance advice. 
The proposed rule would have also established penalty fees for a CHP 
that failed to comply with the certification of compliance 
requirements.
    We received approximately 72 public comments in response to the 
January 2, 2014 proposed rule. In light of the issues raised in the 
public comments received, we have decided to withdraw the January 2014 
proposed rule in order to re-examine the issues and explore options and 
alternatives to comply with the statutory requirements. We note that 
the Secretary has established regulations pertaining to compliance 
with, and enforcement of, HIPAA Administrative Simplification standards 
and operating rules. The withdrawal of this proposed rule does not 
remove the requirements for covered entities to comply with any of 
those regulations codified at 45 CFR parts 160 and 162.
    Accordingly, the proposed rule published January 2, 2014, at 79 FR 
298, is withdrawn.

    Dated: August 18, 2017.
Seema Verma,
Administrator, Centers for Medicare & Medicaid Services.
    Dated: August 30, 2017.
Thomas E. Price,
Secretary, Department of Health and Human Services.
[FR Doc. 2017-21424 Filed 10-3-17; 8:45 am]
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