[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)]
[Notices]
[Pages 2802-2803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00820]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Statement of Organization, Functions, and Delegations of 
Authority

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

SUMMARY: This notice establishes the Conscience and Religious Freedom 
Division in the Office for Civil Rights of the Department of Health and 
Human Services.

SUPPLEMENTARY INFORMATION: In accordance with Executive Order 13798 
Promoting Free Speech and Religious Liberty (May 4, 2017), 82 FR 21675, 
and the Attorney General's Guidance on Federal Law Protections for 
Religious Liberty (October 6, 2017), Part A, Office of the Secretary, 
Statement of Organization, Functions, and Delegations of Authority for 
the Department of Health and Human Services (HHS), as last amended at 
81 FR 95622 (December 28, 2016), 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

[[Page 2803]]

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

    OCR, a Staff Division of the U.S. Department of Health and Human 
Services (HHS), ensures that individuals receiving services from 
HHS-funded programs are not subject to unlawful discrimination; that 
individuals and entities are free from coercion and can exercise 
their conscience and religious freedom rights; and that people can 
trust the privacy, security, and availability of their health 
information. By rooting out invidious discrimination and removing 
unlawful barriers to HHS-funded services, OCR carries out the HHS 
mission of improving the health and well-being of all Americans and 
providing essential human services. By ensuring individuals and 
institutions can exercise their conscience and religious freedom 
rights, OCR furthers justice and tolerance in a pluralistic society. 
By promoting the right to access health information and protecting 
the privacy and security of this information, OCR helps empower 
people's health care decision-making and helps ensure the integrity 
of the health care system and thereby promotes better health 
outcomes for the nation.
    OCR accomplishes this by:
    <bullet> 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;
    <bullet> 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;
    <bullet> Ensuring that federal agencies, state and local 
governments, health care providers, health plans, and others comply 
with federal laws guaranteeing the free exercise of religious 
beliefs and moral convictions and the right to be free from coercion 
in HHS-conducted or funded programs; and
    <bullet> 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. Civil Rights Division (ATB)
    D. Health Information Privacy Division (ATC)
    E. Conscience and Religious Freedom Division (ATD)''

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 
and religious freedom 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, conscience and 
religious freedom, 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)'' add ``, conscience and religious freedom,'' after ``ORD is 
responsible for responding to stakeholder calls and triaging civil 
rights.''
VI. Under Chapter AT, Office for Civil Rights (OCR), Section ``AT.20 
Functions'' at subsection ``C. Civil Rights Division (ATB),'' delete 
``original'' after ``on the basis of race, color, national'' and 
replace with ``origin'' and delete ``; the Division also enforces 
provider conscience laws'' after ``sex, disability, and age.''
VII. Under Chapter AT, Office for Civil Rights (OCR), Section ``AT.20 
Functions'' add a new subsection E as follows:

AT.20 Functions
* * * * *
``E. Conscience and Religious Freedom Division (ATD). The Conscience 
and Religious Freedom Division (CRFD) is headed by the Deputy 
Director for Conscience and Religious Freedom, who reports to the 
Director. The CRFD is responsible for OCR's national conscience and 
religious freedom program, including enforcement of and compliance 
with laws protecting conscience and the free exercise of religion 
and prohibiting coercion and religious discrimination. These laws 
include, but are not limited to, the Church Amendments (42 U.S.C. 
300a-7); the Coats-Snowe Amendment (42 U.S.C. 238n); the Weldon 
Amendment (e.g., Pub. L. 115-31, Div. H, Sec.  507(d) (2017)); 
Sections 1303(b)(4) and 1553 of the Affordable Care Act (42 U.S.C. 
18023(b)(4) and 18113, respectively); the Religious Freedom 
Restoration Act (42 U.S.C. 2000bb et seq.); the employment religious 
nondiscrimination provisions in the Public Telecommunications 
Financing Act of 1978 (47 U.S.C. 398(b)) and the religious 
nondiscrimination provisions in various block grant authorizing 
statutes. The CRFD conducts OCR's nationwide enforcement and 
compliance activities including investigating and developing cases; 
negotiating case resolution agreements; developing enforcement and 
litigation strategies; promulgating regulations, policies, and 
guidance; and conducting compliance reviews of covered entities and 
HHS Operating and Staff Divisions, in consultation with the HHS 
Center for Faith-Based and Neighborhood Partnerships, as 
appropriate. The CRFD also identifies and designs conscience and 
religious freedom-specific training programs for Departmental staff, 
provides subject-matter expertise for public education and outreach 
activities to stakeholders nationwide, and liaises with, and 
provides conscience and religious freedom technical assistance and 
advisory services to, HHS Operating and Staff Divisions, national 
advocacy, beneficiary, and provider groups, religious organizations, 
faith-based organizations, and for profit and non-profit 
organizations, state and local governments, and to other federal 
departments and agencies, including by serving on intra- and 
interagency workgroups.''

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.

    Dated: December 7, 2017.
Eric D. Hargan,
Acting Secretary, Department of Health and Human Services.
[FR Doc. 2018-00820 Filed 1-18-18; 8:45 am]
 BILLING CODE 4153-01-P