45 C.F.R. PART 150--CMS ENFORCEMENT IN GROUP AND INDIVIDUAL INSURANCE MARKETS
TITLE 45--Public Welfare
SUBTITLE A--DEPARTMENT OF HEALTH AND HUMAN SERVICES
SUBCHAPTER B--REQUIREMENTS RELATING TO HEALTH CARE ACCESS
PART 150--CMS ENFORCEMENT IN GROUP AND INDIVIDUAL INSURANCE MARKETS
Subpart A--GENERAL PROVISIONS
Subpart B--CMS ENFORCEMENT PROCESSES FOR DETERMINING WHETHER STATES ARE FAILING TO SUBSTANTIALLY ENFORCE HIPAA REQUIREMENTS
|
|
| Circumstances requiring CMS enforcement.
|
|
|
|
| Sources of information triggering an investigation of State enforcement.
|
|
|
|
| Procedure for determining that a State fails to substantially enforce HIPAA requirements.
|
|
|
|
| Verification of exhaustion of remedies and contact with State officials.
|
|
|
|
| Form and content of notice.
|
|
|
|
| Extension for good cause.
|
|
|
|
| Preliminary determination.
|
|
|
|
| Transition to State enforcement.
|
|
Subpart C--CMS ENFORCEMENT WITH RESPECT TO ISSUERS AND NON-FEDERAL GOVERNMENTAL PLANS--CIVIL MONEY PENALTIES
|
|
| General rule regarding the imposition of civil money penalties.
|
|
|
|
| Basis for initiating an investigation of a potential violation.
|
|
|
|
| Determination of entity liable for civil money penalty.
|
|
|
|
| Notice to responsible entities.
|
|
|
|
| Responses to allegations of noncompliance.
|
|
|
|
| Market conduct examinations.
|
|
|
|
| Amount of penalty--General.
|
|
|
|
| Factors CMS uses to determine the amount of penalty.
|
|
|
|
| Determining the amount of the penalty--mitigating circumstances.
|
|
|
|
| Determining the amount of penalty--aggravating circumstances.
|
|
|
|
| Determining the amount of penalty--other matters as justice may require.
|
|
|
|
| Limitations on penalties.
|
|
|
|
| Notice of proposed penalty.
|
|
|
|
| Appeal of proposed penalty.
|
|
|
|
| Failure to request a hearing.
|
|
Subpart D--ADMINISTRATIVE HEARINGS
|
|
| Scope of ALJ's authority.
|
|
|
|
| Filing of request for hearing.
|
|
|
|
| Form and content of request for hearing.
|
|
|
|
| Amendment of notice of assessment or request for hearing.
|
|
|
|
| Dismissal of request for hearing.
|
|
|
|
| Issues to be heard and decided by ALJ.
|
|
|
|
| Communications with the ALJ.
|
|
|
|
| Form and service of submissions.
|
|
|
|
| Computation of time and extensions of time.
|
|
|
|
| Acknowledgment of request for hearing.
|
|
|
|
| Submission of briefs and proposed hearing exhibits.
|
|
|
|
| Effect of submission of proposed hearing exhibits.
|
|
|
|
| Failure to pay assessment.
|
|
|
|
| Final order not subject to review.
|
|
|
|
| Collection and use of penalty funds.
|
|
