I

107TH CONGRESS

1ST SESSION H. R. 1975

To modify the deadline for initial compliance with the standards and implementation specifications promulgated under section 1173 of the Social

Security Act, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 23, 2001

Mr. SHADEGG (for himself, Ms. DUNN of Washington, Mr. POMEROY, Mr.

GORDON, Mr. PICKERING, Mr. FOLEY, Mr. TERRY, Mr. KIRK, Mr. LEWIS

of Kentucky, Mr. TANCREDO, Mr. BUYER, Mr. TANNER, and Mr. PENCE)

introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and

Means, for a period to be subsequently determined by the Speaker, in

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To modify the deadline for initial compliance with the standards and implementation specifications promulgated

under section 1173 of the Social Security Act, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. MODIFIED TIMETABLE FOR INITIAL COMPLI2 ANCE WITH ADMINISTRATIVE SIMPLIFICA3 TION STANDARDS FOR HEALTH CARE INFOR4 MATION.

5 (a) IN GENERAL.—Section 1175(b)(1) of the Social

6 Security Act (42 U.S.C. 1320d–4(b)(1)) is amended to

7 read as follows:

8 ‘‘(1) INITIAL COMPLIANCE.—

9 ‘‘(A) IN GENERAL.—Each person to whom

10 an initial standard or implementation specifica11 tion adopted or established under section 1173

12 applies shall comply with the standard or speci13 fication by the later of—

14 ‘‘(i) 24 months after the date on

15 which the Secretary determines that—

16 ‘‘(I) regulations have been pro17 mulgated in final form containing all

18 of the standards and specifications re19 quired to be adopted or established by

20 such section (excluding standards

21 under subsection (b)(1) of such sec22 tion (providing for unique health iden23 tifiers for individuals));

24 ‘‘(II) regulations have been pro25 mulgated in final form implementing

26 section 1176; and
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1 ‘‘(III) standard unique health

2 identifiers for each health plan and

3 health care provider are available for

4 use in the health care system pursu5 ant to standards adopted under sec6 tion 1173(b); or

7 ‘‘(ii) October 16, 2004.

8 ‘‘(B) DETERMINATION OF FINALITY.—

9 ‘‘(i) IN GENERAL.—The requirements

10 of subclauses (I) and (II) of subparagraph

11 (A)(i) shall be considered to be met if the

12 regulations are promulgated and become

13 effective in accordance with section 553 of

14 title 5, United States Code.

15 ‘‘(ii) MODIFICATIONS.—Nothing in

16 subclause (I) or (II) of subparagraph

17 (A)(i) shall be construed as requiring the

18 Secretary to take into account any subse19 quent modification made to a regulation

20 pursuant to section 1174(b) in making the

21 determination that the regulation has been

22 promulgated in final form.’’.

23 (b) CONFORMING AMENDMENT.—Section 1175(b)(2)

24 of the Social Security Act (42 U.S.C. 1320d–4(b)(2)) is

25 amended by adding at the end ‘‘For purposes of this para-
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1 graph, the Secretary shall determine the plans that qualify

2 as small health plans.’’.

3 (c) EFFECTIVE DATE.—The amendments made by

4 subsections (a) and (b) shall take effect as if included in

5 the enactment of section 262 of the Health Insurance

6 Portability and Accountability Act of 1996 (Public Law

7 104–191; 110 Stat. 2021 et seq.).

8 SEC. 2. NO EFFECT ON REGULATIONS GOVERNING PRI9 VACY OF INDIVIDUALLY IDENTIFIABLE

10 HEALTH INFORMATION.

11 Nothing in the amendments made by section 1, or

12 in section 1175(b) of the Social Security Act (42 U.S.C.

13 1320d–4(b)), as amended by section 1, shall be construed

14 as affecting—

15 (1) the compliance dates for initial implementa16 tion of the standards for privacy of individually iden17 tifiable health information set forth in section

18 164.534 of title 45, Code of Federal Regulations (as

19 amended by the final rule published on February 26,

20 2001, in the Federal Register (66 Fed. Reg.

21 12433));

22 (2) any other provision of subpart E of part

23 164 of subchapter C of subtitle A of title 45, Code

24 of Federal Regulations;
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1 (3) any provision of subpart A of part 164 of

2 subchapter C of subtitle A of title 45, Code of Fed3 eral Regulations, insofar as such subpart affects the

4 application of subpart E of such part;

5 (4) any provision of part 160 of subchapter C

6 of subtitle A of title 45, Code of Federal Regula7 tions, insofar as such part affects the application of

8 subpart E of part 164 of such subchapter; or

9 (5) the authority of the Secretary of Health and

10 Human Services under section 264 of the Health In11 surance Portability and Accountability Act of 1996

12 (Public Law 104–191; 110 Stat. 2033 et seq.).

13 SEC. 3. STUDY ON EFFECT OF ADMINISTRATIVE SIM14 PLIFICATION REQUIREMENTS.

15 (a) IN GENERAL.—The Comptroller General of the

16 United States shall conduct a study to examine—

17 (1) the effect of the enactment of part C of title

18 XI of the Social Security Act (42 U.S.C. 1320d et

19 seq.), and the regulations promulgated under such

20 part, on—

21 (A) health plans;

22 (B) health care providers;

23 (C) health care clearinghouses; and

24 (D) the Department of Health and Human

25 Services; and
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1 (2) the progress of such persons and entities in

2 complying with such part and regulations.

3 (b) DEADLINE.—Not later than October 31, 2003,

4 the Comptroller General of the United States shall submit

5 to the appropriate committees of the Congress a report

6 on the study conducted under subsection (a).

7 (c) DEFINITIONS.—For purposes of this section, the

8 terms ‘‘health plan’’, ‘‘health care provider’’, and ‘‘health

9 care clearinghouse’’ have the meaning given such terms

10 in section 1171 of the Social Security Act (42 U.S.C.

11 1320d).

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