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HHS/OCR RIN: 0945-AA04 Publication ID: Spring 2018 
Title: HIPAA Enforcement: Distribution of a Percentage of Civil Money Penalties or Monetary Settlements to Harmed Individuals 

This advance notice of proposed rulemaking (ANPRM) would solicit the public's views on establishing a methodology under which an individual who is harmed by an offense punishable under HIPAA may receive a percentage of any civil money penalty or monetary settlement collected with respect to the offense. The Department is required by section 13410(c)(3) of the Health Information Technology for Economic and Clinical Health Act (title XIII of the American Recovery and Reinvestment Act of 2009) to issue rules to establish this methodology.

Agency: Department of Health and Human Services(HHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 45 CFR 160   
Legal Authority: Pub. L. 111-5, sec. 13410(c)(3)   
Legal Deadline:
Action Source Description Date
Final  Statutory  Deadline for issuance of regulations under HITECH.  02/01/2012 
Action Date FR Cite
ANPRM  11/00/2018 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Andra Wicks
Health Information Privacy Specialist
Department of Health and Human Services
Office for Civil Rights
200 Independence Avenue SW,
Washington, DC 20201
Phone:800 368-1019
TDD Phone:800 537-7697