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HHS publishes HIPAA final enforcement rule

Ambulatory Surgery Reimbursement Update, February 21, 2006

The Department of Health and Human Services (HHS) in the February 16 Federal Register published HIPAA's final enforcement rule, which further outlines the enforcement process HHS began developing when it issued the privacy rule in 2000 and the interim enforcement rule in 2003.

The rule covers enforcement from its beginning-typically a complaint or compliance review-through its conclusion. According to Susan A. Miller, JD, consultant and chief operations officer at HealthTransactions.com, the final rule amends the existing rules relating to the imposition of civil monetary penalties and elaborates and clarifies the

• investigation process.
• basis for liability.
• determination of the penalty amount.
• grounds for a waiver.
• conduct of a hearing.
• appeal process.

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