81_FR_14505 81 FR 14453 - Agency Information Collection Activities; Proposed Collection; Public Comment Request

81 FR 14453 - Agency Information Collection Activities; Proposed Collection; Public Comment Request

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary

Federal Register Volume 81, Issue 52 (March 17, 2016)

Page Range14453-14455
FR Document2016-05961

In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, announces plans to submit an Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB). The ICR is for revision of the approved information collection assigned OMB control number #0945-0003, which expires on January 1, 2017. Prior to submitting that ICR to OMB, OS seeks comments from the public regarding the burden estimate, below, or any other aspect of the ICR.

Federal Register, Volume 81 Issue 52 (Thursday, March 17, 2016)
[Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)]
[Notices]
[Pages 14453-14455]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05961]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

[Document Identifier: HHS-OS-0945-0003-60D]


Agency Information Collection Activities; Proposed Collection; 
Public Comment Request

AGENCY: Office of the Secretary, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with section 3506(c)(2)(A) of the Paperwork 
Reduction Act of 1995, the Office of the Secretary (OS), Department of 
Health and Human Services, announces plans to submit an Information 
Collection Request (ICR), described below, to the Office of Management 
and Budget (OMB). The ICR is for revision of the approved information 
collection assigned OMB control number #0945-0003, which expires on 
January 1, 2017. Prior to submitting that ICR to OMB, OS seeks comments 
from the public regarding the burden estimate, below, or any other 
aspect of the ICR.

DATES: Comments on the ICR must be received on or before May 16, 2016.

ADDRESSES: Submit your comments to 
[email protected] or by calling (202) 690-6162.

FOR FURTHER INFORMATION CONTACT: Information Collection Clearance 
staff, [email protected] or (202) 690-6162.

SUPPLEMENTARY INFORMATION: When submitting comments or requesting 
information, please include the document identifier HHS-OS-0945-0003-
60D for reference.
    Information Collection Request Title: HIPAA Privacy, Security, and 
Breach Notification Rules, and Supporting Regulations Contained in 45 
CFR parts 160 and 164.
    Abstract: This revision does not change any requirements of the 
HIPAA Privacy, Security, and Breach Notification Rules. Among other 
updates summarized below, the ICR requests to rename the information 
collection and incorporate into it the substance of two other 
information collections (#0945-0004, set to expire on May 31, 2016; and 
#0945-0001, expiring on September 30, 2016), which then would be 
discontinued. The ICR addresses the burden on regulated entities for 
compliance with the information collection requirements of the HIPAA 
Privacy, Security, and Breach Notification Rules; the voluntary burden 
on members of the public for obtaining information from covered 
entities regarding breaches of their protected health information; and 
the information collection burden on the Office for Civil Rights (OCR) 
associated with administering aspects of the HIPAA Breach Notification 
program. Combining the three existing information collections 
identified above will allow the regulated community, the public, and 
OCR to more easily view and track the estimated burdens associated with 
the HIPAA Rules that are administered and enforced by OCR. In addition 
to combining the ICRs, the proposed updates take into account our 
experience administering the Rules to more accurately reflect the 
burdens of compliance with the applicable regulatory requirements; 
remove the estimated burden of initial compliance with the Omnibus 
HIPAA Final Rule, because we are well past the compliance dates; and 
incorporate increases in wages for the job categories that we expect to 
be involved in compliance activities.
    Need and Proposed Use of the Information: The HIPAA Rules require 
covered entities, and in many respects their business associates, to 
protect the privacy and security of individually identifiable health 
information (called ``protected health information'' or ``PHI''); 
fulfill individuals' rights under HIPAA with respect to their health 
information; and provide notification in case of a breach of unsecured 
protected health information. The information collections associated 
with these regulatory requirements include

[[Page 14454]]

documenting and updating policies and procedures for ensuring the 
privacy and security of individuals' health information, recording 
compliance activities, providing individuals with a notice of privacy 
practices and with access to their information upon request, and 
notifying affected individuals, the Secretary, and in some cases the 
media of a breach of protected health information.
    Likely Respondents: HIPAA covered entities and business associates 
(required burden), and individual members of the public affected by 
breaches of their protected health information (voluntary burden).
    Burden Statement: Burden in this context means the time expended by 
persons to generate, maintain, retain, disclose or provide the 
information requested. This includes the time needed to review 
instructions, to develop, acquire, install and utilize technology and 
systems for the purpose of collecting, validating and verifying 
information, processing and maintaining information, and disclosing and 
providing information, to train personnel and to be able to respond to 
a collection of information, to search data sources, to complete and 
review the collection of information, and to transmit or otherwise 
disclose the information. The total annual burden hours estimated for 
this ICR are summarized in the table below.

                                    Total Estimated Annualized Burden--Hours
----------------------------------------------------------------------------------------------------------------
                                                                   Number of     Average burden
       Section          Type of respondent        Number of      responses per      hours per      Total burden
                                                 respondents      respondent      response \1\         hours
----------------------------------------------------------------------------------------------------------------
160.204.............  Process for Requesting  1...............               1  16..............              16
                       Exception
                       Determinations
                       (states or persons).
164.308.............  Risk Analysis--         1,700,000 \2\...               1  10..............      17,000,000
                       Documentation.
164.308.............  Information System      1,700,000.......              12  .75.............      15,300,000
                       Activity Review--
                       Documentation.
164.308.............  Security Reminders--    1,700,000.......              12  1...............      20,400,000
                       Periodic Updates.
164.308.............  Security Incidents      1,700,000.......              52  5...............     442,000,000
                       (other than
                       breaches)--Documentat
                       ion.
164.308.............  Contingency Plan--      1,700,000.......               1  8...............      13,600,000
                       Testing and Revision.
164.308.............  Contingency Plan--      1,700,000.......               1  4...............       6,800,000
                       Criticality Analysis.
164.310.............  Maintenance Records...  1,700,000.......              12  6...............     122,400,000
164.314.............  Security Incidents--    1,000,000.......              12  20..............     240,000,000
                       Business Associate
                       reporting of
                       incidents (other than
                       breach) to Covered
                       Entities.
164.316.............  Documentation--Review   1,700,000.......               1  6...............      10,200,000
                       and Update \3\.
164.404.............  Individual Notice--     58,481 \4\......               1  .5..............          29,240
                       Written and E-mail
                       Notice (drafting).
164.404.............  Individual Notice--     58,481..........               1  .5..............          29,240
                       Written and E-mail
                       Notice (preparing and
                       documenting
                       notification).
164.404.............  Individual Notice--     58,481..........         \5\ 353  .008............         165,150
                       Written and E-mail
                       Notice (processing
                       and sending).
164.404.............  Individual Notice--     2,746 \6\.......               1  1...............           2,746
                       Substitute Notice
                       (posting or
                       publishing).
164.404.............  Individual Notice--     2,746...........               1  5.75 \7\........          15,789
                       Substitute Notice
                       (staffing toll-free
                       number).
164.404.............  Individual Notice--     11,326,440 \8\..               1  .125 \9\........       1,415,805
                       Substitute Notice
                       (individuals'
                       voluntary burden to
                       call toll-free number
                       for information).
164.406.............  Media Notice..........  267 \10\........               1  1.25............             333
164.408.............  Notice to Secretary     267.............               1  1.25............             333
                       (notice for breaches
                       affecting 500 or more
                       individuals).
164.408.............  Notice to Secretary     58,215 \11\.....               1  1...............          58,215
                       (notice for breaches
                       affecting fewer than
                       500 individuals).
164.414.............  500 or More Affected    267.............               1  50..............          13,350
                       Individuals
                       (investigating and
                       documenting breach).
164.414.............  Less than 500 Affected  2,479 (breaches                1  8...............          19,832
                       Individuals             affecting 10-
                       (investigating and      499
                       documenting breach).    individuals).
                      ......................  55,736 (breaches               1  4...............         222,944
                                               affecting <10
                                               individuals).
164.504.............  Uses and Disclosures--  700,000.........               1  5/60............          58,333
                       Organizational
                       Requirements.
164.508.............  Uses and Disclosures    700,000.........               1  1...............         700,000
                       for Which Individual
                       authorization is
                       required.
164.512.............  Uses and Disclosures    113,524 \12\....               1  5/60............           9,460
                       for Research Purposes.
164.520.............  Notice of Privacy       100,000,000 \13\               1  0.25 minutes [1          416,667
                       Practices for                                             hour per 240
                       Protected Health                                          notices].
                       Information (health
                       plans--periodic
                       distribution of NPPs
                       by paper mail).
164.520.............  Notice of Privacy       100,000,000.....               1  0.167 minutes [1         278,333
                       Practices for                                             hour per 360
                       Protected Health                                          notices].
                       Information (health
                       plans--periodic
                       distribution of NPPs
                       by electronic mail).

[[Page 14455]]

 
164.520.............  Notice of Privacy       613,000,000 \14\               1  3/60............      30,650,000
                       Practices for
                       Protected Health
                       Information (health
                       care providers--
                       dissemination and
                       acknowledgement).
164.522.............  Rights to Request       20,000 \15\.....               1  3/60............           1,000
                       Privacy Protection
                       for Protected Health
                       Information.
164.524.............  Access of Individuals   200,000 \16\....               1  3/60............          10,000
                       to Protected Health
                       Information
                       (disclosures).
164.526.............  Amendment of Protected  150,000.........               1  5/60............          12,500
                       Health Information
                       (requests).
164.526.............  Amendment of Protected  50,000..........               1  5/60............           4,166
                       Health Information
                       (denials).
164.528.............  Accounting for          5,000 \17\......               1  3/60............             250
                       Disclosures of
                       Protected Health
                       Information.
rrrrrrrrrrrrrrrrrrrrr
    Total...........  ......................  ................  ..............  ................     921,813,702
----------------------------------------------------------------------------------------------------------------
\1\ The figures in this column are averages based on a range. Small entities may require fewer hours to conduct
  certain compliance activities, particularly with respect to Security Rule requirements, while large entities
  may spend more hours than those provided here.
\2\ This estimate includes 700,000 estimated covered entities and 1 million estimated business associates. The
  Omnibus HIPAA Final Rule burden analysis estimated that there were 1-2 million business associates. However,
  because many business associates have business associate relationships with multiple covered entities, we
  believe the lower end of this range is more accurate.
\3\ This element includes the burden of updating documentation in accordance with the evaluation required by 45
  CFR 164.306. Therefore, we do not separately address the burden associated with the evaluation.
\4\ Total number of breach incidents in 2015.
\5\ Average number of individuals affected per breach incident in 2015.
\6\ This number includes all 267 large breaches and all 2,479 breaches affecting 10-499 individuals. As we
  stated in the preamble to the Omnibus HIPAA Final Rule, although some breaches involving fewer than 10
  individuals may require substitute notice, we believe the costs of providing such notice through alternative
  written means or by telephone is negligible.
\7\ We again assume that call center staff will spend 5 minutes per call, but now with an average of 4,124
  individuals affected by breaches requiring substitute notice. Multiplying these figures results in 5.75 hours
  per breach. This estimate is much lower than the 46.26 hours per breach requiring substitute notice in our
  previous estimate, which we believe was the result of an arithmetic error. The estimate of 4,124 individuals
  being affected by breaches requiring substitute notice results from the assumption that the number of callers
  to the toll-free number will equal 10% of the sum of all individuals affected by large breaches (113,250,136)
  and 5% of individuals affected by small breaches (.05 x 285,413 = 14,270). We calculate .10 * (113,250,136 +
  14,270) = 11,326,440.
\8\ As noted in the previous footnote, this number equals 10% of the sum of all individuals affected by large
  breaches and 5% of individuals affected by small breaches.
\9\ This number includes 7.5 minutes for each individual who calls: an average of 2.5 minutes to wait on the
  line/decide to call back and 5 minutes for the call itself.
\10\ The total number of breaches affecting 500 or more individuals in 2015.
\11\ The total number of breaches affecting fewer than 500 individuals in 2015.
\12\ The number of entities who use and disclose protected health information for research purposes.
\13\ As in our previous submission, we assume that half of the approximately 200,000,000 individuals insured by
  covered health plans will receive the plan's NPP by paper mail, and half will receive the NPP by electronic
  mail.
\14\ We estimate that each year covered health care providers will have first-time visits with 613 million
  individuals, to whom the providers must give a NPP.
\15\ We assume covered entities address 20,000 requests for confidential communications or restrictions on
  disclosures per year.
\16\ We estimate that covered entities annually fulfill 200,000 requests from individuals for access to their
  protected health information.
\17\ We estimate that covered entities annually fulfill 5,000 requests from individuals for an accounting of
  disclosures of their protected health information.

    OS specifically requests comments on (1) the necessity and utility 
of the proposed information collection for the proper performance of 
the agency's functions, (2) the accuracy of the estimated burden, (3) 
ways to enhance the quality, utility, and clarity of the information to 
be collected, and (4) the use of automated collection techniques or 
other forms of information technology to minimize the information 
collection burden.

Terry S. Clark,
Assistant Information Collection Clearance Officer.
[FR Doc. 2016-05961 Filed 3-16-16; 8:45 am]
 BILLING CODE 4153-01-P



                                                                                 Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Notices                                             14453

                                                    DATES:  To ensure consideration,                        or temporary, narrowly or broadly                     SUPPLEMENTARY INFORMATION:        When
                                                    comments must be received by July 1,                    focused (examining one topic or issue or              submitting comments or requesting
                                                    2016. Comments received after this date                 a variety of issues);                                 information, please include the
                                                    will be considered as time permits.                       • The lessons we can learn from                     document identifier HHS–OS–0945–
                                                    ADDRESSES: Individuals, groups, and                     national bodies in other countries to                 0003–60D for reference.
                                                    organizations interested in commenting                  inform how U.S. bodies might work;                       Information Collection Request Title:
                                                    on this topic may submit comments by                      • The influence of national bioethics               HIPAA Privacy, Security, and Breach
                                                    email to info@bioethics.gov or by mail to               bodies on bioethics as a field; other                 Notification Rules, and Supporting
                                                    the following address: Public                           academic fields, such as science,                     Regulations Contained in 45 CFR parts
                                                    Commentary, Presidential Commission                     medicine, and technology; and public                  160 and 164.
                                                    for the Study of Bioethical Issues, 1425                policy;                                                  Abstract: This revision does not
                                                    New York Ave. NW., Suite C–100,                           • The future of national bioethics                  change any requirements of the HIPAA
                                                    Washington, DC 20005.                                   advisory groups in the United States.                 Privacy, Security, and Breach
                                                                                                              To this end, the Commission is                      Notification Rules. Among other
                                                    FOR FURTHER INFORMATION CONTACT: Lisa
                                                                                                            inviting interested parties to provide                updates summarized below, the ICR
                                                    M. Lee, Executive Director, Presidential                                                                      requests to rename the information
                                                    Commission for the Study of Bioethical                  input and advice through written
                                                                                                            comments. Comments will be publicly                   collection and incorporate into it the
                                                    Issues. Telephone: 202–233–3960.                                                                              substance of two other information
                                                    Email: Lisa.Lee@bioethics.gov.                          available, including any personally
                                                                                                            identifiable or confidential business                 collections (#0945–0004, set to expire
                                                    Additional information may be obtained                                                                        on May 31, 2016; and #0945–0001,
                                                    at http://www.bioethics.gov.                            information that they contain. Trade
                                                                                                            secrets should not be submitted.                      expiring on September 30, 2016), which
                                                    SUPPLEMENTARY INFORMATION: On                                                                                 then would be discontinued. The ICR
                                                    November 24, 2009, the President                          Dated: March 1, 2016.
                                                                                                                                                                  addresses the burden on regulated
                                                    established the Presidential Commission                 Lisa M. Lee,                                          entities for compliance with the
                                                    for the Study of Bioethical Issues (the                 Executive Director, Presidential Commission           information collection requirements of
                                                    Commission) to advise him on                            for the Study of Bioethical Issues.                   the HIPAA Privacy, Security, and
                                                    bioethical issues generated by novel and                [FR Doc. 2016–06015 Filed 3–16–16; 8:45 am]           Breach Notification Rules; the voluntary
                                                    emerging research in biomedicine and                    BILLING CODE 4150–06–P                                burden on members of the public for
                                                    related areas of science and technology.                                                                      obtaining information from covered
                                                    The Commission is charged with                                                                                entities regarding breaches of their
                                                    identifying and promoting policies and                  DEPARTMENT OF HEALTH AND                              protected health information; and the
                                                    practices that ensure ethically                         HUMAN SERVICES                                        information collection burden on the
                                                    responsible conduct of scientific                                                                             Office for Civil Rights (OCR) associated
                                                    research and health care delivery.                      Office of the Secretary                               with administering aspects of the
                                                    Undertaking these duties, the                           [Document Identifier: HHS–OS–0945–0003–               HIPAA Breach Notification program.
                                                    Commission seeks to identify and                        60D]                                                  Combining the three existing
                                                    examine specific bioethical, legal, and                                                                       information collections identified above
                                                    social issues related to potential                      Agency Information Collection                         will allow the regulated community, the
                                                    scientific and technological advances;                  Activities; Proposed Collection; Public               public, and OCR to more easily view
                                                    examine diverse perspectives and                        Comment Request                                       and track the estimated burdens
                                                    possibilities for international                         AGENCY:   Office of the Secretary, HHS.               associated with the HIPAA Rules that
                                                    collaboration on these issues; and                                                                            are administered and enforced by OCR.
                                                    recommend legal, regulatory, or policy                  ACTION:   Notice.                                     In addition to combining the ICRs, the
                                                    actions as appropriate.                                 SUMMARY:   In compliance with section                 proposed updates take into account our
                                                       The Commission will conclude at the                  3506(c)(2)(A) of the Paperwork                        experience administering the Rules to
                                                    end of the Presidential administration,                 Reduction Act of 1995, the Office of the              more accurately reflect the burdens of
                                                    and in its two final meetings will reflect              Secretary (OS), Department of Health                  compliance with the applicable
                                                    on the past, present, and future of                     and Human Services, announces plans                   regulatory requirements; remove the
                                                    national bioethics advisory bodies.                     to submit an Information Collection                   estimated burden of initial compliance
                                                    These meetings will include discussion                  Request (ICR), described below, to the                with the Omnibus HIPAA Final Rule,
                                                    of the role of national advisory bodies                 Office of Management and Budget                       because we are well past the compliance
                                                    in the developing public policy in the                  (OMB). The ICR is for revision of the                 dates; and incorporate increases in
                                                    United States and elsewhere, and                        approved information collection                       wages for the job categories that we
                                                    consideration of the future of U.S.                     assigned OMB control number #0945–                    expect to be involved in compliance
                                                    national bioethics advisory bodies that                 0003, which expires on January 1, 2017.               activities.
                                                    might follow.                                           Prior to submitting that ICR to OMB, OS                  Need and Proposed Use of the
                                                       The Commission is interested in                                                                            Information: The HIPAA Rules require
                                                                                                            seeks comments from the public
                                                    receiving comments from individuals,                                                                          covered entities, and in many respects
                                                                                                            regarding the burden estimate, below, or
                                                    groups, and professional communities                                                                          their business associates, to protect the
                                                                                                            any other aspect of the ICR.
                                                    who wish to join the Commission in                                                                            privacy and security of individually
                                                                                                            DATES: Comments on the ICR must be                    identifiable health information (called
                                                    reflecting on the past, present, and
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                                                    future of national bioethics advisory                   received on or before May 16, 2016.                   ‘‘protected health information’’ or
                                                    bodies in the United States and                         ADDRESSES: Submit your comments to                    ‘‘PHI’’); fulfill individuals’ rights under
                                                    elsewhere. The Commission is                            Information.CollectionClearance@                      HIPAA with respect to their health
                                                    particularly interested in receiving                    hhs.gov or by calling (202) 690–6162.                 information; and provide notification in
                                                    public commentary regarding:                            FOR FURTHER INFORMATION CONTACT:                      case of a breach of unsecured protected
                                                       • The advantages and disadvantages                   Information Collection Clearance staff,               health information. The information
                                                    of different models for national                        Information.CollectionClearance@                      collections associated with these
                                                    bioethics advisory bodies, e.g., standing               hhs.gov or (202) 690–6162.                            regulatory requirements include


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                                                    14454                                  Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Notices

                                                    documenting and updating policies and                                      (required burden), and individual                                    information, processing and
                                                    procedures for ensuring the privacy and                                    members of the public affected by                                    maintaining information, and disclosing
                                                    security of individuals’ health                                            breaches of their protected health                                   and providing information, to train
                                                    information, recording compliance                                          information (voluntary burden).                                      personnel and to be able to respond to
                                                    activities, providing individuals with a                                      Burden Statement: Burden in this                                  a collection of information, to search
                                                    notice of privacy practices and with                                       context means the time expended by                                   data sources, to complete and review
                                                    access to their information upon                                           persons to generate, maintain, retain,                               the collection of information, and to
                                                    request, and notifying affected                                            disclose or provide the information                                  transmit or otherwise disclose the
                                                    individuals, the Secretary, and in some                                    requested. This includes the time                                    information. The total annual burden
                                                    cases the media of a breach of protected                                   needed to review instructions, to
                                                                                                                                                                                                    hours estimated for this ICR are
                                                    health information.                                                        develop, acquire, install and utilize
                                                                                                                                                                                                    summarized in the table below.
                                                      Likely Respondents: HIPAA covered                                        technology and systems for the purpose
                                                    entities and business associates                                           of collecting, validating and verifying

                                                                                                                     TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS
                                                                                                                                                                                              Number of
                                                                                                                                                               Number of                                       Average burden                    Total burden
                                                        Section                                 Type of respondent                                                                          responses per
                                                                                                                                                              respondents                                    hours per response 1                   hours
                                                                                                                                                                                              respondent

                                                    160.204 ..........       Process for Requesting Exception Deter-                                   1 ................................               1   16 ..............................              16
                                                                                minations (states or persons).
                                                    164.308 ..........       Risk Analysis—Documentation ....................                          1,700,000 2 ................                     1   10 ..............................      17,000,000
                                                    164.308 ..........       Information System Activity Review—Docu-                                  1,700,000 ..................                    12   .75 .............................      15,300,000
                                                                                mentation.
                                                    164.308 ..........       Security Reminders—Periodic Updates .......                               1,700,000 ..................                    12   1 ................................     20,400,000
                                                    164.308 ..........       Security Incidents (other than breaches)—                                 1,700,000 ..................                    52   5 ................................    442,000,000
                                                                                Documentation.
                                                    164.308   ..........     Contingency Plan—Testing and Revision ....                                1,700,000       ..................               1   8 ................................     13,600,000
                                                    164.308   ..........     Contingency Plan—Criticality Analysis ........                            1,700,000       ..................               1   4 ................................      6,800,000
                                                    164.310   ..........     Maintenance Records ..................................                    1,700,000       ..................              12   6 ................................    122,400,000
                                                    164.314   ..........     Security Incidents—Business Associate re-                                 1,000,000       ..................              12   20 ..............................     240,000,000
                                                                                porting of incidents (other than breach) to
                                                                                Covered Entities.
                                                    164.316 ..........       Documentation—Review and Update 3 ........                                1,700,000 ..................                     1   6 ................................     10,200,000
                                                    164.404 ..........       Individual Notice—Written and E-mail No-                                  58,481 4 .....................                   1   .5 ...............................         29,240
                                                                                tice (drafting).
                                                    164.404 ..........       Individual Notice—Written and E-mail No-                                  58,481 .......................                   1   .5 ...............................         29,240
                                                                                tice (preparing and documenting notifica-
                                                                                tion).
                                                    164.404 ..........       Individual Notice—Written and E-mail No-                                  58,481 .......................               5 353   .008 ...........................          165,150
                                                                                tice (processing and sending).
                                                    164.404 ..........       Individual Notice—Substitute Notice (post-                                2,746 6 .......................                  1   1 ................................          2,746
                                                                                ing or publishing).
                                                    164.404 ..........       Individual Notice—Substitute Notice (staff-                               2,746 .........................                  1   5.75 7 .........................           15,789
                                                                                ing toll-free number).
                                                    164.404 ..........       Individual Notice—Substitute Notice (indi-                                11,326,440 8 ..............                      1   .125 9 .........................        1,415,805
                                                                                viduals’ voluntary burden to call toll-free
                                                                                number for information).
                                                    164.406 ..........       Media Notice ................................................             267 10 ........................                  1   1.25 ...........................              333
                                                    164.408 ..........       Notice to Secretary (notice for breaches af-                              267 ............................                 1   1.25 ...........................              333
                                                                                fecting 500 or more individuals).
                                                    164.408 ..........       Notice to Secretary (notice for breaches af-                              58,215 11 ...................                    1   1 ................................         58,215
                                                                                fecting fewer than 500 individuals).
                                                    164.414 ..........       500 or More Affected Individuals (inves-                                  267 ............................                 1   50 ..............................          13,350
                                                                                tigating and documenting breach).
                                                    164.414 ..........       Less than 500 Affected Individuals (inves-                                2,479 (breaches af-                              1   8 ................................         19,832
                                                                                tigating and documenting breach).                                        fecting 10–499 indi-
                                                                                                                                                         viduals).
                                                                             .......................................................................   55,736 (breaches af-                             1   4 ................................        222,944
                                                                                                                                                         fecting <10 individ-
                                                                                                                                                         uals).
                                                    164.504 ..........       Uses and Disclosures—Organizational Re-                                   700,000 .....................                    1   5/60 ...........................           58,333
                                                                               quirements.
                                                    164.508 ..........       Uses and Disclosures for Which Individual                                 700,000 .....................                    1   1 ................................        700,000
                                                                               authorization is required.
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                                                    164.512 ..........       Uses and Disclosures for Research Pur-                                    113,524 12 .................                     1   5/60 ...........................            9,460
                                                                               poses.
                                                    164.520 ..........       Notice of Privacy Practices for Protected                                 100,000,000 13 ..........                        1   0.25 minutes [1 hour                      416,667
                                                                               Health Information (health plans—peri-                                                                                         per 240 notices].
                                                                               odic distribution of NPPs by paper mail).
                                                    164.520 ..........       Notice of Privacy Practices for Protected                                 100,000,000 ..............                       1   0.167 minutes [1 hour                     278,333
                                                                               Health Information (health plans—peri-                                                                                         per 360 notices].
                                                                               odic distribution of NPPs by electronic
                                                                               mail).



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                                                                                          Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Notices                                                                                                 14455

                                                                                                        TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS—Continued
                                                                                                                                                                                              Number of
                                                                                                                                                              Number of                                                  Average burden                      Total burden
                                                        Section                                Type of respondent                                                                           responses per
                                                                                                                                                             respondents                                               hours per response 1                     hours
                                                                                                                                                                                              respondent

                                                    164.520 ..........      Notice of Privacy Practices for Protected                                 613,000,000 14 ..........                                  1     3/60 ...........................        30,650,000
                                                                              Health Information (health care pro-
                                                                              viders—dissemination and acknowledge-
                                                                              ment).
                                                    164.522 ..........      Rights to Request Privacy Protection for                                  20,000 15 ...................                              1     3/60 ...........................             1,000
                                                                              Protected Health Information.
                                                    164.524 ..........      Access of Individuals to Protected Health                                 200,000 16 .................                                1    3/60 ...........................            10,000
                                                                              Information (disclosures).
                                                    164.526 ..........      Amendment of Protected Health Information                                 150,000 .....................                               1    5/60 ...........................            12,500
                                                                              (requests).
                                                    164.526 ..........      Amendment of Protected Health Information                                 50,000 .......................                              1    5/60 ...........................             4,166
                                                                              (denials).
                                                    164.528 ..........      Accounting for Disclosures of Protected                                   5,000 17 .....................                              1    3/60 ...........................               250
                                                                              Health Information.

                                                         Total ........     .......................................................................   ...................................   ........................   ...................................    921,813,702
                                                       1 The  figures in this column are averages based on a range. Small entities may require fewer hours to conduct certain compliance activities,
                                                    particularly with respect to Security Rule requirements, while large entities may spend more hours than those provided here.
                                                       2 This estimate includes 700,000 estimated covered entities and 1 million estimated business associates. The Omnibus HIPAA Final Rule bur-
                                                    den analysis estimated that there were 1–2 million business associates. However, because many business associates have business associate
                                                    relationships with multiple covered entities, we believe the lower end of this range is more accurate.
                                                       3 This element includes the burden of updating documentation in accordance with the evaluation required by 45 CFR 164.306. Therefore, we
                                                    do not separately address the burden associated with the evaluation.
                                                       4 Total number of breach incidents in 2015.
                                                       5 Average number of individuals affected per breach incident in 2015.
                                                       6 This number includes all 267 large breaches and all 2,479 breaches affecting 10–499 individuals. As we stated in the preamble to the Omni-
                                                    bus HIPAA Final Rule, although some breaches involving fewer than 10 individuals may require substitute notice, we believe the costs of pro-
                                                    viding such notice through alternative written means or by telephone is negligible.
                                                       7 We again assume that call center staff will spend 5 minutes per call, but now with an average of 4,124 individuals affected by breaches re-
                                                    quiring substitute notice. Multiplying these figures results in 5.75 hours per breach. This estimate is much lower than the 46.26 hours per breach
                                                    requiring substitute notice in our previous estimate, which we believe was the result of an arithmetic error. The estimate of 4,124 individuals
                                                    being affected by breaches requiring substitute notice results from the assumption that the number of callers to the toll-free number will equal
                                                    10% of the sum of all individuals affected by large breaches (113,250,136) and 5% of individuals affected by small breaches (.05 × 285,413 =
                                                    14,270). We calculate .10 * (113,250,136 + 14,270) = 11,326,440.
                                                       8 As noted in the previous footnote, this number equals 10% of the sum of all individuals affected by large breaches and 5% of individuals af-
                                                    fected by small breaches.
                                                       9 This number includes 7.5 minutes for each individual who calls: an average of 2.5 minutes to wait on the line/decide to call back and 5 min-
                                                    utes for the call itself.
                                                       10 The total number of breaches affecting 500 or more individuals in 2015.
                                                       11 The total number of breaches affecting fewer than 500 individuals in 2015.
                                                       12 The number of entities who use and disclose protected health information for research purposes.
                                                       13 As in our previous submission, we assume that half of the approximately 200,000,000 individuals insured by covered health plans will re-
                                                    ceive the plan’s NPP by paper mail, and half will receive the NPP by electronic mail.
                                                       14 We estimate that each year covered health care providers will have first-time visits with 613 million individuals, to whom the providers must
                                                    give a NPP.
                                                       15 We assume covered entities address 20,000 requests for confidential communications or restrictions on disclosures per year.
                                                       16 We estimate that covered entities annually fulfill 200,000 requests from individuals for access to their protected health information.
                                                       17 We estimate that covered entities annually fulfill 5,000 requests from individuals for an accounting of disclosures of their protected health
                                                    information.


                                                      OS specifically requests comments on                                    DEPARTMENT OF HEALTH AND                                                     for 2030 is governed by provisions of the
                                                    (1) the necessity and utility of the                                      HUMAN SERVICES                                                               Federal Advisory Committee Act (FACA),
                                                    proposed information collection for the                                                                                                                Public Law 92–463, as amended (5 U.S.C.,
                                                                                                                              Announcement of Establishment of the                                         App.), which sets forth standards for the
                                                    proper performance of the agency’s                                                                                                                     formation and use of federal advisory
                                                    functions, (2) the accuracy of the                                        Secretary’s Advisory Committee on
                                                                                                                                                                                                           committees.
                                                    estimated burden, (3) ways to enhance                                     National Health Promotion and Disease
                                                    the quality, utility, and clarity of the                                  Prevention Objectives for 2030 and                                           SUMMARY:  The U.S. Department of
                                                    information to be collected, and (4) the                                  Solicitation of Nominations for                                              Health and Human Services (HHS)
                                                    use of automated collection techniques                                    Membership                                                                   announces the establishment of the
                                                    or other forms of information                                                                                                                          Secretary’s Advisory Committee on
                                                                                                                              AGENCY:  Office of Disease Prevention                                        National Health Promotion and Disease
                                                    technology to minimize the information                                    and Health Promotion, Office of the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                                                           Prevention Objectives for 2030
                                                    collection burden.                                                        Assistant Secretary for Health, Office of                                    (Committee) and invites nominations for
                                                                                                                              the Secretary, U.S. Department of Health                                     membership.
                                                    Terry S. Clark,
                                                                                                                              and Human Services.
                                                    Assistant Information Collection Clearance                                                                                                             DATES: Nominations for membership to
                                                                                                                              ACTION: Notice.
                                                    Officer.                                                                                                                                               the Committee must be submitted by
                                                    [FR Doc. 2016–05961 Filed 3–16–16; 8:45 am]                                                                                                            6:00 p.m. ET on April 18, 2016.
                                                                                                                                Authority: 42 U.S.C. 217a. The Secretary’s
                                                    BILLING CODE 4153–01–P                                                    Advisory Committee on National Health                                        ADDRESSES: Nominations should be
                                                                                                                              Promotion and Disease Prevention Objectives                                  submitted by email to HP2030@hhs.gov.


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Document Created: 2016-03-17 00:58:39
Document Modified: 2016-03-17 00:58:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments on the ICR must be received on or before May 16, 2016.
ContactInformation Collection Clearance staff, [email protected] or (202) 690-6162.
FR Citation81 FR 14453 

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