Lexology April 18, 2022
The US Department of Health Human Services (HHS) is seeking public comments about the appropriate role of “recognized security practices” in enforcement of the HIPAA Security Rule. Congress, through an amendment to the HITECH Act, is requiring that the agency take into consideration certain “recognized security practices” when determining potential enforcement outcomes for HIPAA-regulated entities subject to audit or investigation for violations of the Security Rule. The Request for Information (RFI) provides an opportunity for stakeholders to help define which security frameworks and practices will be recognized in the context of enforcement of the Security Rule. In addition, the agency is seeking comments on developing a methodology by which it could distribute some of the funds collected through HIPAA enforcement...
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