[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Notices]
[Pages 12954-12955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03892]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES


Statement of Organization

AGENCY: Office for Civil Rights, Office of the Secretary, HHS.

ACTION: Notice.

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SUMMARY: This notice sets forth the Statement of Organization of the 
Office for Civil Rights (OCR) of the Department of Health and Human 
Services.

DATES: This reorganization was approved by the Secretary of Health and 
Human Services on February 10, 2023, and took effect on February 25, 
2023.

SUPPLEMENTARY INFORMATION: In accordance with Executive Orders and 
agency actions related to equity--including E.O. 12862: Transforming 
Federal Customer Experience and Service Delivery to Rebuild Trust in 
Government; E.O. 13988: Preventing and Combating Discrimination on the 
Basis of Gender Identity or Sexual Orientation; E.O. 13985: Advancing 
Racial Equity and Support for Underserved Communities Through the 
Federal Government; E.O. 14031: Advancing Equity, Justice, and 
Opportunity for Asian Americans, Native Hawaiians, and Pacific 
Islanders; and E.O. 14035: Diversity, Equity, Inclusion, and 
Accessibility in the Federal Workforce; the OCR Statement, as last 
amended at 83 FR 2802 (January 19, 2018), is being amended at Chapter 
AT, Office for Civil Rights (OCR) to reflect the restructuring of OCR 
as follows:
    I. Under Chapter AT, Office for Civil Rights (OCR), in the outline 
section at the beginning of the Chapter that reads:

``AT.00 Mission
AT.10 Organization
AT.20 Functions''

    II. Under Chapter AT, Office for Civil Rights (OCR), delete 
``Section AT.00 Mission'' in its entirety and replace with the 
following:

``AT.00 Mission

    As a law enforcement agency, OCR investigates complaints, conducts 
compliance reviews, develops policy, promulgates regulations, provides 
technical assistance, and educates the public about federal laws that 
prohibit recipients of HHS federal financial assistance from 
discriminating on the basis of race, color, national origin, 
disability, age, sex, and religion. It also ensures that the practices 
of health care providers, health plans, healthcare clearinghouses, and 
their business associates comply with the Federal privacy, security, 
and breach notification laws and regulations that OCR enforces through 
the investigation of complaints and breach reports, compliance reviews, 
and audits. Through its work, OCR helps to ensure equal and non-
discriminatory access to and coverage of health and human services, 
promotes positive change throughout our nation's social service and 
health care systems to advance equity and accountability, and provides 
tools for covered entities and individuals to understand their rights 
and obligations under the law.
    OCR accomplishes this by:
     Enforcing laws, investigating complaints, conducting 
compliance reviews, promulgating regulations, developing policy, 
providing technical assistance, and engaging in public education and 
outreach to ensure understanding of and compliance with all the laws 
OCR has authority over;
     Ensuring that recipients of HHS federal financial 
assistance comply with federal civil rights laws that prohibit 
discrimination on the bases of race, color, national origin, 
disability, age, sex, and religion; and
     Ensuring the practices of health care providers, health 
plans, health care clearinghouses, and their business associates adhere 
to federal privacy, security, and breach notification regulations under 
the Health Insurance Portability and Accountability Act (HIPAA) through 
the investigation of complaints, self-reports of breaches, compliance 
reviews, and audits.''
    III. Under Chapter AT, Office for Civil Rights (OCR), delete 
``Section AT.10 Organization'' in its entirety and replace with:

``AT.10 Organization
A. Office of the Director (AT)
B. Operations and Resources Division (ATA)
C. Policy Division (ATB)
D. Health Information Privacy, Data, and Cybersecurity Division (ATC)
E. Enforcement Division (ATD)
F. Strategic Planning Division (ATE)

    IV. Under Chapter AT, Office for Civil Rights (OCR), Section 
``AT.20 Functions'' delete subsection ``A. Office of the Director 
(AT)'' in its entirety and replace with the following:
    ``A. Office of the Director (AT). The Director is the Department's 
chief officer and adviser to the Secretary concerning implementation 
of, compliance with, and enforcement of civil rights and conscience 
protection laws applicable to HHS-funded or conducted programs or 
activities, and privacy, security, and breach notification rules under 
HIPAA. The Director provides leadership, priorities, guidance, and 
supervision to OCR and is responsible for its overall policy, programs, 
and operations. The Director is also responsible for representing the 
Secretary and the Department, in coordination and consultation with the 
Assistant Secretary for Legislation, before Congress and the Executive 
Office of the President on matters relating to civil rights, the 
exercise of conscience, and health information privacy and for liaising 
with other federal departments and agencies responsible for similar or 
related matters.''
    V. Under Chapter AT, Office for Civil Rights (OCR), Section ``AT.20 
Functions'' at subsection ``B. Operations and Resources Division 
(ATA)'' delete ``Advising on all regional operations and the 
Centralized Case Management Operation (CCMO);'' after 
``Responsibilities of the Deputy Director for Operations and Resources 
include:'' and delete ``Regional offices are led by

[[Page 12955]]

Regional Managers who report to the Deputy Director for ORD and are 
responsible for civil rights, conscience and religious freedom, and 
HIPAA complaint investigations, enforcement, and outreach. ORD is 
responsible for responding to stakeholder calls and triaging civil 
rights, conscience and religious freedom, and HIPAA complaints at 
intake'' after ``property management, accountability, and performance 
metrics.''
    VI. Under Chapter AT, Office for Civil Rights (OCR), Section 
``AT.20 Functions'' at subsection ``C. Civil Rights Division (ATB),'' 
delete ``Civil Rights'' and replace with ``Policy'' and add 
``(including sexual orientation, gender identity, and pregnancy)'' 
after ``sex'' and add ``religion'' after ``disability'' and delete 
``enforces'' and add ``oversees'' and add ``protection'' after 
``conscience'' and delete ``provides national leadership in OCR's 
enforcement and compliance activities, including advising OCR staff 
nationwide on case development and quality and assisting in developing 
negotiation, enforcement, and litigation strategies;'' and delete ``The 
Civil Rights Division also leads national civil rights compliance 
reviews;'' and replace with ``The Policy Division also consults and 
coordinates with the Enforcement Division on national civil rights and 
conscience protection laws enforcement and compliance activities;'' and 
add ``and conscience protection'' after ``designs civil rights'' and 
add ``and conscience protection'' after ``regional civil rights'' and 
add ``and conscience protection'' after ``provides civil rights''
    VII. Under Chapter AT, Office for Civil Rights (OCR), Section 
``AT.20 Functions'' at subsection ``D. Health Information Privacy 
Division (ATC), delete ``Health Information Privacy'' and replace with 
``Health Information Privacy, Data, and Cybersecurity''.
    VIII. Under Chapter AT, Office for Civil Rights (OCR), Section 
``AT.20 Functions'' delete subsection E in its entirety and replace 
with the following:

AT.20 Functions

    ``E. Enforcement Division (ATD). The Enforcement Division is headed 
by the Deputy Director of Enforcement, who reports to the Director. The 
Enforcement Division is responsible for overseeing OCR's regional 
operations and case management to support comprehensive implementation 
all of its authorities. Responsibilities of the Deputy Director of 
Enforcement include: Advising on all regional operations and the 
Centralized Case Management Operation (CCMO); developing and conducting 
public education activities in coordination and collaboration with the 
Strategic Planning Division to drive compliance with the law,; 
directing case management on data analytics and operations; and 
coordinating and implementing leadership and professional development 
training for staff within the Enforcement Division. Regional offices 
are led by Regional Managers who report to the Deputy Director of 
Enforcement and are responsible for civil rights, conscience 
protection, and HIPAA complaint investigations, enforcement, and 
outreach. The Enforcement Division is responsible for responding to 
stakeholder calls and triaging civil rights, conscience protection, and 
HIPAA complaints at intake and throughout the investigation or 
compliance process.''
    VIII. Under Chapter AT, Office for Civil Rights (OCR), Section 
``AT.20 Functions'' add a new subsection F as follows:

AT.20 Functions

    ``F. Strategic Planning Division (ATE). The Strategic Planning 
Division is headed by the Deputy Director for Strategic Planning, who 
reports to the Director. The Strategic Planning Division oversees OCR's 
outreach and other activities to provide the public with information 
about their rights and how OCR protects civil rights, conscience 
protections, and the privacy of individuals' health information. The 
division promotes OCR's enforcement activities to ensure covered 
entities are aware of their obligations under federal law and the 
consequences of violations of that law. The Division provides other HHS 
components with technical assistance and training on civil rights, 
conscience protections, and information privacy laws and works with 
other Operating and Staff Divisions within HHS to drive compliance with 
the law. The Division also provides identifies and provides staff with 
training opportunities that meet workforce development objectives, 
goals for individual professional growth, and succession planning.''
    VIII. Pending further delegations, directives, or orders by the 
Secretary or the OCR Director, all delegations and redelegations of 
authority to positions of the affected organizations in effect prior to 
the date of this notice shall continue in effect in them or their 
successors, provided they are consistent with this reorganization.

Xavier Becerra,
Secretary, Department of Health and Human Services.
[FR Doc. 2023-03892 Filed 2-27-23; 11:15 am]
BILLING CODE 4153-01-P