II 
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 recog-
nized 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 Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
22:02 Dec 19, 2020
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H7898.RDS
H7898
pamtmann on DSKBC07HB2PROD with BILLS
HR 7898 RDS
SECTION 1. RECOGNITION OF SECURITY PRACTICES. 
Part 1 of subtitle D of the Health Information Tech-
nology for Economic and Clinical Health Act (42 U.S.C. 
17931 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘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 other-
wise agreed to by the Secretary, the Secretary shall con-
sider 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 re-
solving potential violations of the HIPAA Security 
rule (part 160 of title 45 Code of Federal Regula-
tions and subparts A and C of part 164 of such 
VerDate Sep 11 2014 
22:02 Dec 19, 2020
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7898.RDS
H7898
pamtmann on DSKBC07HB2PROD with BILLS
HR 7898 RDS
title) between the covered entity or business asso-
ciate and the Department of Health and Human 
Services. 
‘‘(b) DEFINITION
AND
MISCELLANEOUS
PROVI-
SIONS.— 
‘‘(1) RECOGNIZED SECURITY PRACTICES.—The 
term ‘recognized security practices’ means the stand-
ards, guidelines, best practices, methodologies, pro-
cedures, 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 cyberse-
curity and that are developed, recognized, or promul-
gated through regulations under other statutory au-
thorities. 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 author-
ity 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 
VerDate Sep 11 2014 
22:02 Dec 19, 2020
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7898.RDS
H7898
pamtmann on DSKBC07HB2PROD with BILLS
HR 7898 RDS
13411, due to a lack of compliance with the recog-
nized 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 en-
gage in the recognized security practices defined by 
this section. 
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in 
this section shall be construed to limit the Sec-
retary’s authority to enforce the HIPAA Security 
rule (part 160 of title 45 Code of Federal Regula-
tions 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 IN-
SPECTOR 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.).’’. 
VerDate Sep 11 2014 
22:02 Dec 19, 2020
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H7898.RDS
H7898
pamtmann on DSKBC07HB2PROD with BILLS
HR 7898 RDS
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect as if included in the enact-
ment of the 21st Century Cures Act (Public Law 114– 
255). 
Passed the House of Representatives December 9, 
2020. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
VerDate Sep 11 2014 
22:02 Dec 19, 2020
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H7898.RDS
H7898
pamtmann on DSKBC07HB2PROD with BILLS