[ Tuesday, April 15, 2003 ]


The OCR has its first installment of the interim final rule on enforcement, to be forthwith known as "the Enforcement Rule." It has the procedural requirements for investigating complaints and levying fines. OIG "intends to seek and promote voluntary compliance with the rules," which jibes with what they've been telling us so far. Basically, OCR will investigate, which may include subpoenaing information and testimony, and will propose punishment or corrective action. Only covered entities may be fined. Once the punishment is determined, the covered entity has the right to a hearing before an administrative law judge. The ALJ decides the case, which can be appealed to the Departmental Appeals Board.

Jeff [2:53 PM]

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