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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7898 Received in Senate (RDS)]

<DOC>
116th CONGRESS
  2d Session
                                H. R. 7898

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 10, 2020

                                Received

_______________________________________________________________________

                                 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 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).

            Passed the House of Representatives December 9, 2020.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```