HHS Issues Rules Adjusting Penalties under the Patient Safety and Quality Improvement Rule for Inflation

As required by the Federal Civil Penalties Inflation Adjustment Act of 1990 (Inflation Adjustment Act), the U.S. Department of Health and Human Services (HHS) issued both a direct final rule and a proposed rule today adjusting for inflation the maximum civil money penalty amount for violations of the confidentiality provisions of the Patient Safety and Quality Improvement Act.  These confidentiality provisions are enforced by the Office for Civil Rights (OCR).

The Inflation Adjustment Act requires HHS to adjust for inflation the Patient Safety Act’s civil money penalty amount at least once every four years, beginning from the Patient Safety Act’s date of enactment, which was July 29, 2005.  These rules adjust the maximum civil money penalty amount for a violation of the confidentiality provisions of the Patient Safety and Quality Improvement Act from $10,000 to $11,000.  

The public has 30 days to comment on these rules.  If no adverse comments are received, the direct final rule will go into effect 90 days after publication, and the proposed rule with be withdrawn.  If, however, adverse comments are received during the comment period, the direct final rule will be withdrawn.  For more information, visit the OCR web site at http://www.hhs.gov/ocr/privacy/.