H. R. 7898 

One Hundred Sixteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Friday, 

the third day of January, two thousand and twenty 

An Act 

To amend the Health Information Technology for Economic and Clinical Health 

Act to require the Secretary of Health and Human Services to consider certain 

recognized security practices of covered entities and business associates when 

making certain determinations, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. RECOGNITION OF SECURITY PRACTICES. 

Part 1 of subtitle D of the Health Information Technology 

for Economic and Clinical Health Act (42 U.S.C. 17931 et seq.) 

is amended by adding at the end the following: 

‘‘SEC. 13412. RECOGNITION OF SECURITY PRACTICES. 

‘‘(a) IN GENERAL.—Consistent with the authority of the Secretary under sections 1176 and 1177 of the Social Security Act, 

when making determinations relating to fines under such section 

1176 (as amended by section 13410) or such section 1177, decreasing 

the length and extent of an audit under section 13411, or remedies 

otherwise agreed to by the Secretary, the Secretary shall consider 

whether the covered entity or business associate has adequately 

demonstrated that it had, for not less than the previous 12 months, 

recognized security practices in place that may— 

‘‘(1) mitigate fines under section 1176 of the Social Security 

Act (as amended by section 13410); 

‘‘(2) result in the early, favorable termination of an audit 

under section 13411; and 

‘‘(3) mitigate the remedies that would otherwise be agreed 

to in any agreement with respect to resolving potential violations of the HIPAA Security rule (part 160 of title 45 Code 

of Federal Regulations and subparts A and C of part 164 

of such title) between the covered entity or business associate 

and the Department of Health and Human Services. 

‘‘(b) DEFINITION AND MISCELLANEOUS PROVISIONS.— 

‘‘(1) RECOGNIZED SECURITY PRACTICES.—The term ‘recognized security practices’ means the standards, guidelines, best 

practices, methodologies, procedures, and processes developed 

under section 2(c)(15) of the National Institute of Standards 

and Technology Act, the approaches promulgated under section 

405(d) of the Cybersecurity Act of 2015, and other programs 

and processes that address cybersecurity and that are developed, recognized, or promulgated through regulations under 

other statutory authorities. Such practices shall be determined 

by the covered entity or business associate, consistent with 
H. R. 7898—2 

the HIPAA Security rule (part 160 of title 45 Code of Federal 

Regulations and subparts A and C of part 164 of such title). 

‘‘(2) LIMITATION.—Nothing in this section shall be construed 

as providing the Secretary authority to increase fines under 

section 1176 of the Social Security Act (as amended by section 

13410), or the length, extent or quantity of audits under section 

13411, due to a lack of compliance with the recognized security 

practices. 

‘‘(3) NO LIABILITY FOR NONPARTICIPATION.—Subject to paragraph (4), nothing in this section shall be construed to subject 

a covered entity or business associate to liability for electing 

not to engage in the recognized security practices defined by 

this section. 

‘‘(4) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed to limit the Secretary’s authority to enforce the 

HIPAA Security rule (part 160 of title 45 Code of Federal 

Regulations and subparts A and C of part 164 of such title), 

or to supersede or conflict with an entity or business associate’s 

obligations under the HIPAA Security rule.’’. 

SEC. 2. TECHNICAL CORRECTION. 

(a) IN GENERAL.—Section 3022(b) of the Public Health Service 

Act (42 U.S.C. 300jj–52(b)) is amended by adding at the end the 

following new paragraph: 

‘‘(4) APPLICATION OF AUTHORITIES UNDER INSPECTOR GENERAL ACT OF 1978.—In carrying out this subsection, the Inspector 

General shall have the same authorities as provided under 

section 6 of the Inspector General Act of 1978 (5 U.S.C. App.).’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect as if included in the enactment of the 21st Century 

Cures Act (Public Law 114–255). 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.