[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]
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