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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations
e-CFR Data is current as of February 4, 2010
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
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| Circumstances requiring CMS enforcement. |
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| Sources of information triggering an investigation of State enforcement. |
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| Procedure for determining that a State fails to substantially enforce HIPAA requirements. |
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| Verification of exhaustion of remedies and contact with State officials. |
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| Form and content of notice. |
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| Extension for good cause. |
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| Preliminary determination. |
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| Transition to State enforcement. |
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Subpart C--CMS ENFORCEMENT WITH RESPECT TO ISSUERS AND NON-FEDERAL GOVERNMENTAL PLANS--CIVIL MONEY PENALTIES
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| General rule regarding the imposition of civil money penalties. |
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| Basis for initiating an investigation of a potential violation. |
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| Determination of entity liable for civil money penalty. |
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| Notice to responsible entities. |
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| Responses to allegations of noncompliance. |
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| Market conduct examinations. |
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| Amount of penalty--General. |
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| Factors CMS uses to determine the amount of penalty. |
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| Determining the amount of the penalty--mitigating circumstances. |
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| Determining the amount of penalty--aggravating circumstances. |
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| Determining the amount of penalty--other matters as justice may require. |
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| Limitations on penalties. |
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| Notice of proposed penalty. |
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| Appeal of proposed penalty. |
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| Failure to request a hearing. |
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Subpart D--ADMINISTRATIVE HEARINGS
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| Scope of ALJ's authority. |
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| Filing of request for hearing. |
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| Form and content of request for hearing. |
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| Amendment of notice of assessment or request for hearing. |
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| Dismissal of request for hearing. |
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| Issues to be heard and decided by ALJ. |
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| Communications with the ALJ. |
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| Form and service of submissions. |
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| Computation of time and extensions of time. |
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| Acknowledgment of request for hearing. |
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| Submission of briefs and proposed hearing exhibits. |
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| Effect of submission of proposed hearing exhibits. |
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| Failure to pay assessment. |
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| Final order not subject to review. |
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| Collection and use of penalty funds. |
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