[Federal Register Volume 74, Number 148 (Tuesday, August 4, 2009)]
[Notices]
[Page 38663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18561]



[[Page 38663]]

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services


Statement of Organization, Functions, and Delegations of 
Authority

    Part F of the Statement of Organization, Functions, and Delegations 
of Authority of the Department of Health and Human Services, Centers 
for Medicare & Medicaid Service (CMS), 68 FR 60694, dated October 23, 
2003, is superseded to include the following delegation of authority 
from the Secretary to the Administrator, CMS, with the authority to 
redelegate, to carry out the following administrative and enforcement 
activities invested in the Secretary of the Department of Health and 
Human Services under part C, of title XI of the Social Security Act, as 
amended.
    <bullet> Section F.30., Delegations of Authority, is superseded to 
include the following delegation of authority for certain provisions 
under part C, of title XI of the Social Security Act.
    WW. 1. The authority under section 262 of the Health Insurance 
Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, 
as amended, except to the extent these actions pertain to the 
``Security Standards for the Protection of Electronic Protected Health 
Information,'' or the ``Standards for Privacy of Individually 
Identifiable Health Information'' at 45 CFR, part 160 and part 164, 
subparts A, C, and E 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, Public Law 104-191, as 
amended, to administer and to make decisions regarding the 
interpretation, implementation and enforcement of the regulations 
adopting standards and general administrative requirements under 45 
CFR, part 160 and part 162, except to the extent these actions pertain 
to the ``Security Standards for the Protection of Electronic Protected 
Health Information,'' or the ``Standards for Privacy of Individually 
Identifiable Health Information'' at 45 CFR, part 160 and part 164, 
subparts A, C, and E.

Exclusion to This Authority

    All actions under Part C of Title XI of the Social Security Act 
that pertain to ``Security Standards for the Protection of Electronic 
Protected Health Information'' or the ``Standards for Privacy of 
Individually Identifiable Health Information'', were delegated by the 
Secretary to the Director, Office for Civil Rights, and are excluded 
from this delegation. This delegation to the Administrator also 
excludes the authority to issue regulations and to hold hearings and 
issue final determinations if the respondent has requested a hearing on 
the imposition of civil monetary penalties. 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 Administrator 
of CMS 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. E9-18561 Filed 8-3-09; 8:45 am]
BILLING CODE 4120-01-P