81 FR 95622 - Statement of Organization, Functions and Delegations of Authority

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Federal Register Volume 81, Issue 249 (December 28, 2016)

Page Range		95622-95623
FR Document		2016-31394
Federal Register, Volume 81 Issue 249 (Wednesday, December 28, 2016)
[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Notices]
[Pages 95622-95623]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31394]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES


Statement of Organization, Functions and Delegations of Authority

AGENCY: Office for Civil Rights, Office of the Secretary, HHS.

    Part A, Office of the Secretary, Statement of Organization, 
Functions, and Delegations of Authority of the Department of Health and 
Human Services (HHS) is being amended at Chapter AT, Office for Civil 
Rights (OCR), as last amended at 190 FR 60757, dated October 1, 2010, 
is amended to reflect the restructuring of the Office for Civil Rights 
(OCR) as follows:
    I. Under Part A, Chapter AT, ``Office for Civil Rights (OCR),'' 
delete ``Section AT.10 Organization'' in its entirety and replace with 
the following:
    Section AT.10 Organization. The Office for Civil Rights (OCR) is 
under the direction of the Director of the Office for Civil Rights 
(Director) who reports to the Secretary. OCR consists of the following 
components:

A. Office of the Director (AT)
B. Operations and Resources Division (ATA)
C. Civil Rights Division (ATB)
D. Health Information Privacy Division (ATC)

    II. Under Chapter AT, Office for Civil Rights (OCR) delete 
``Section AT.20 Functions'' in its entirety and replace with the 
following:
    A. Office of the Director (AT). As the Department's chief officer 
and adviser to the Secretary for implementation and enforcement of HHS 
civil rights and Health Insurance Portability, Accountability Act 
(HIPAA) privacy, security, and breach notification rules, the Director 
provides leadership, priorities, guidance and supervision to and is 
responsible for overall policy, programs, and operations of OCR. The 
Director also is responsible for representing the Secretary and the 
Department, in coordination and consultation with the Assistant 
Secretary for Legislation, before Congress and the Executive Office of 
the President on matters relating to civil rights and the privacy, 
security, and breach rules and for liaising with other Federal 
departments and agencies charged with civil rights and privacy, 
security, and breach enforcement and compliance responsibilities.
    B. Operations and Resources Division (ATA). The Operations and 
Resources Division (ORD) is headed by a Deputy Director who reports to 
the Director. Responsibilities of the Deputy Director for Operations 
and Resources include: Advising on all regional operations and the 
Centralized Case Management Operation (CCMO); resource management; and 
other staff functions that include management operations, budget, human 
resources, travel, information technology, support activities, 
management analysis, ethics, Continuity of Operations, property 
management, accountability, and performance metrics. Regional offices

[[Page 95623]]

are led by Regional Managers who report to the Deputy Director for ORD 
and are responsible for civil rights and HIPAA complaint 
investigations, enforcement, and outreach. ORD is responsible for 
responding to stakeholder calls and triaging civil rights and HIPAA 
complaints at intake.
    C. Civil Rights Division (ATB). The Civil Rights Division is headed 
by the Deputy Director for Civil Rights, who reports to the Director. 
The Civil Rights Division oversees OCR's national civil rights program, 
including Section 1557 of the Affordable Care Act, as well as other 
federal civil rights statutes and regulations that prohibit non-
discrimination on the basis of race, color, national original, sex, 
disability, and age; the Division also enforces provider conscience 
laws. The Civil Rights Division provides national leadership in OCR's 
enforcement and compliance activities, including advising OCR staff 
nationwide on case development and quality and assisting in developing 
negotiation, enforcement, and litigation strategies; promulgates 
regulations, policies, and guidance and provides technical assistance 
to assist covered entities with compliance; and provides subject matter 
expertise for public education and outreach activities to stakeholders 
nationwide. The Civil Rights Division also leads national civil rights 
compliance reviews; identifies and designs civil rights specific 
training programs for OCR staff; reviews challenges to OCR's regional 
civil rights findings; coordinates OCR's government-wide 
responsibilities for implementation of Age Discrimination Act 
requirements; and liaises with and provides civil rights technical 
assistance and advisory services to HHS Operating Divisions, as well as 
national advocacy, beneficiary, and provider groups, and to other 
Federal departments and agencies, including serving on intra- and 
interagency workgroups.
    D. Health Information Privacy Division (ATC). The Health 
Information Privacy Division is headed by the Deputy Director for 
Health Information Privacy, who reports to the Director. The Health 
Information Privacy Division oversees OCR's enforcement of the HIPAA 
Privacy, Security and Breach Notification Rules, as well as the 
confidentiality provisions of Section 922 of the Public Health Service 
Act, as amended by the Patient Safety and Quality Improvement Act of 
2005 (PSQIA). The Health Information Privacy Division provides national 
leadership in OCR's enforcement and compliance activities, including 
advising OCR staff nationwide on case development and quality and 
assisting in developing negotiation, enforcement, and litigation 
strategies; promulgates regulations, policies, and guidance and 
provides technical assistance to assist covered entities with 
compliance; and provides subject matter expertise for public education 
and outreach activities to stakeholders nationwide. The Division also 
identifies OCR training needs and designs HIPAA and PSQIA specific 
training programs for OCR staff; reviews challenges to OCR's regional 
offices' HIPAA investigative findings; leads national HIPAA compliance 
reviews, including audits; and liaises with and provides technical 
assistance and advisory services to HHS OPDIVS, as well as national 
advocacy, beneficiary, and provider groups, and to other Federal 
departments and agencies with respect to health information privacy, 
security, and breach initiatives and mandates, including serving on 
intra- and interagency workgroups.
    III. Delegation of Authority. Pending further delegation, 
directives or orders by the Secretary or by the Director of the Office 
for Civil Rights, all delegations and re-delegations of authority made 
to officials and employees of affected organizational components will 
continue in them or their successors pending further re-delegations, 
provided they are consistent with this reorganization.

    Dated: December 12, 2016.
Colleen Barros,
Acting Assistant Secretary for Administration.
[FR Doc. 2016-31394 Filed 12-27-16; 8:45 am]
 BILLING CODE 4153-01-P
Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Notices 95623

are led by Regional Managers who in developing negotiation, enforcement, Register notice published on February
report to the Deputy Director for ORD and litigation strategies; promulgates 10, 2016, beginning on January 4, 2017,
and are responsible for civil rights and regulations, policies, and guidance and manufacturers are no longer authorized
HIPAA complaint investigations, provides technical assistance to assist to manufacture, label, and sell 1-hour
enforcement, and outreach. ORD is covered entities with compliance; and escape respirators, known in the mining
responsible for responding to provides subject matter expertise for community as self-contained self-
stakeholder calls and triaging civil public education and outreach activities rescuers (SCSRs), approved in
rights and HIPAA complaints at intake. to stakeholders nationwide. The accordance with the certification testing
C. Civil Rights Division (ATB). The Division also identifies OCR training standards in Part 84, Subpart H (81 FR
Civil Rights Division is headed by the needs and designs HIPAA and PSQIA 7121). This guidance announces that
Deputy Director for Civil Rights, who specific training programs for OCR staff; NIOSH does not intend to revoke any
reports to the Director. The Civil Rights reviews challenges to OCR’s regional certificate of approval for 1-hour escape
Division oversees OCR’s national civil offices’ HIPAA investigative findings; respirators, approved in accordance
rights program, including Section 1557 leads national HIPAA compliance with 42 CFR part 84, Subpart H, that are
of the Affordable Care Act, as well as reviews, including audits; and liaises manufactured, labeled, or sold prior to
other federal civil rights statutes and with and provides technical assistance January 4, 2018, provided that there is
regulations that prohibit non- and advisory services to HHS OPDIVS, no cause for revocation under existing
discrimination on the basis of race, as well as national advocacy, NIOSH regulation.
color, national original, sex, disability, beneficiary, and provider groups, and to DATES: NIOSH is soliciting public
and age; the Division also enforces other Federal departments and agencies comment, but is implementing this
provider conscience laws. The Civil with respect to health information guidance immediately because NIOSH
Rights Division provides national privacy, security, and breach initiatives has determined that prior public
leadership in OCR’s enforcement and and mandates, including serving on participation is not feasible or
compliance activities, including intra- and interagency workgroups. appropriate. Comments must be
advising OCR staff nationwide on case III. Delegation of Authority. Pending received by February 27, 2017.
development and quality and assisting further delegation, directives or orders
in developing negotiation, enforcement, ADDRESSES: You may submit comments,
by the Secretary or by the Director of the identified by ‘‘CDC–2016–0121’’ by any
and litigation strategies; promulgates Office for Civil Rights, all delegations
regulations, policies, and guidance and of the following methods:
and re-delegations of authority made to Internet: Access the Federal e-
provides technical assistance to assist officials and employees of affected
covered entities with compliance; and rulemaking portal at http://
organizational components will www.regulations.gov. Follow the
provides subject matter expertise for continue in them or their successors
public education and outreach activities instructions for submitting comments.
pending further re-delegations, provided Mail: NIOSH Docket Office, 1090
to stakeholders nationwide. The Civil they are consistent with this
Rights Division also leads national civil Tusculum Avenue, MS C–34,
reorganization. Cincinnati, OH 45226–1998.
rights compliance reviews; identifies
and designs civil rights specific training Dated: December 12, 2016. Instructions: All submissions received
programs for OCR staff; reviews Colleen Barros, must include the agency name and
challenges to OCR’s regional civil rights Acting Assistant Secretary for docket number for this guidance. All
findings; coordinates OCR’s Administration. relevant comments will be posted
government-wide responsibilities for [FR Doc. 2016–31394 Filed 12–27–16; 8:45 am] without change to http://
implementation of Age Discrimination BILLING CODE 4153–01–P
www.regulations.gov including any
Act requirements; and liaises with and personal information provided.
provides civil rights technical assistance Docket: For access to the docket to
and advisory services to HHS Operating DEPARTMENT OF HEALTH AND read background documents or
Divisions, as well as national advocacy, HUMAN SERVICES comments received, go to http://
beneficiary, and provider groups, and to www.regulations.gov.
[Docket Number CDC–2016–0121; NIOSH–
other Federal departments and agencies, 285] FOR FURTHER INFORMATION CONTACT:
including serving on intra- and Maryann D’Alessandro, NIOSH National
interagency workgroups. Closed-Circuit Escape Respirators; Personal Protective Technology
D. Health Information Privacy Guidance for Industry; Availability Laboratory, 626 Cochrans Mill Road,
Division (ATC). The Health Information Pittsburgh, PA 15236; 1–888–654–2294
Privacy Division is headed by the AGENCY: Centers for Disease Control and (this is a toll-free phone number);
Deputy Director for Health Information Prevention, HHS. PPEconcerns@cdc.gov.
Privacy, who reports to the Director. ACTION: Notice of availability. SUPPLEMENTARY INFORMATION: Pursuant
The Health Information Privacy to the Federal Mine Safety and Health
Division oversees OCR’s enforcement of SUMMARY: The National Institute for Act of 1977, at 30 U.S.C. 957, NIOSH is
the HIPAA Privacy, Security and Breach Occupational Safety and Health authorized to promulgate regulations to
Notification Rules, as well as the (NIOSH), within the Centers for Disease carry out its duties mandated by such
confidentiality provisions of Section Control and Prevention, Department of Act. Under 42 CFR part 84—Approval of
922 of the Public Health Service Act, as Health and Human Services, announces Respiratory Protective Devices, NIOSH
publication of a guidance document
sradovich on DSK3GMQ082PROD with NOTICES

amended by the Patient Safety and approves respirators used by workers in
Quality Improvement Act of 2005 which addresses the availability of mines and other workplaces for
(PSQIA). The Health Information closed-circuit escape respirators protection against hazardous
Privacy Division provides national (CCERs) for purchase and the readiness atmospheres.1 The Department of
leadership in OCR’s enforcement and of respirator manufacturers to comply
compliance activities, including with the provisions in Part 84, Subpart 1 The cited statutory authorities for Part 84 are 29
advising OCR staff nationwide on case O, of Title 42 of the Code of Federal U.S.C. 651 et seq. and 657(g), and 30 U.S.C. 3, 5,
development and quality and assisting Regulations. Pursuant to a Federal 7, 811, 842(h), 844.

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Document Created: 2016-12-28 02:16:30
Document Modified: 2016-12-28 02:16:30
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 95622