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Recent DHHS|HIPAA ruling


  • Date:   Tue, 24 May 2005 08:54:41 -0400
  • To:  sthc-l@lists.ucla.edu
  • From:   John Rees   < reesj AT mail.nlm.nih.gov >
  • Subject:   Recent DHHS|HIPAA ruling
  • Message-ID:   C761DBF11F04AE4CB11521B0DF7F65360AEC24DB@nihexchange28.nih.gov

A colleague passed this along to me last week from the Dept. of Health and Human Services. 
Perhaps it will give some relief to those libraries with ultra-conservative risk management 
outlooks.

April 18--"At present, our compliance and enforcement activities are primarily complaint-based. 
Although our enforcement efforts are focused on investigating complaints, they may also include 
conducting compliance reviews to determine if a covered entity is in compliance. When potential 
violations come to our attention through a complaint or a compliance review, (we attempt) to resolve 
the matter informally. Many such matters are resolved at the initial stage of contact. However, 
even where a matter is not resolved at this initial stage and the investigation continues, the matter 
can still be resolved through voluntary compliance (for example, by means of a corrective action plan); 
and (we) may provide technical assistance to help the covered entity achieve compliance. Resolving 
issues through such informal means is often the quickest and most effective means of ensuring that 
the benefits of the HIPAA rules are realized. However, if we are unable to obtain compliance effectively 
on matters within our jurisdiction through voluntary means, we may seek to impose civil money penalties. 
Moreover, matters subject to criminal penalties are referred to the Department of Justice."

John 

John P. Rees, MA, MLIS 
Curator, Archives and Modern Manuscripts 
History of Medicine Division 
National Library of Medicine 
8600 Rockville Pike 
Bethesda, MD 20894 
Phone: 301.496.8953 
Fax: 301.402.7034 

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