123STA T . 2 76PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9(f)AL L OWINGC ON T IN UEDUS EO F CO R RE C TI V E ACTION .—Suchse c tion is fu r ther am en d ed by addin g at the end the fo l lo w ing new subsection
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‘(e) ALLOWING CONTINUED USE OF CORRECTIVE ACTION.— N othing in this section shall be construed as p re v enting the O ffice for Civil R ights of the D epartment of H ealth and Human Services from continuing , in its discretion, to use corrective action without a penalty in cases where the person did not k now (and by e x ercising reasonable diligence would not have known) of the violation involved. ’ ’. SEC.134 11. AUDIT S. T he Secretary shall provide for periodic audits to ensure that covered entities and business associates that are sub j ect to the re q uirements of this subtitle and subparts C and E of part 164 of title 4 5 , Code of F ederal Regulations, as such provisions are in effect as of the date of enactment of this Act, comply with such requirements. PART2— R EL AT IONSH IP TO OTHER LA W S
RE GU LATOR Y RE F EREN C ES; EFFECTI V E D ATE; REPORTS SEC. 134 2 1. R E L ATI ON S H I P TO OTHER LA W S. (a) A P PLIC A TION OF HIPAA STATE P REE M PTION.—Section 11 78 of the Social Security Act (4 2 U.S.C. 1 3 2 0 d – 7) shall apply to a provision or requirement under this subtitle in the same manner that such section applies to a provision or requirement under part C of title XI of such Act or a standard or implementation specifica - tion adopted or established under sections 1172 through 1174 of such Act. (b) HEALT H INSURANCE PORTA B ILIT Y AND ACCOUNTABILITY ACT.—The standards governing the privacy and security of individ- ually identifiable health information promulgated by the Secretary under sections 262(a) and 264 of the Health Insurance Portability and Accountability Act of 1 9 96 shall remain in effect to the extent that they are consistent with this subtitle. The Secretary shall by rule amend such Federal regulations as required to make such regulations consistent with this subtitle. (c) CONSTRUCTION.—Nothing in this subtitle shall constitute a waiver of any privilege otherwise applicable to an individual with respect to the protected health information of such individual. SEC. 13422. RE G ULATOR Y RE F ERENCES. Each reference in this subtitle to a provision of the Code of Federal Regulations refers to such provision as in effect on the date of the enactment of this title (or to the most recent update of such provision). SEC. 13423. EFFECTI V E DATE. Except as otherwise specifically provided, the provisions of part I shall take effect on the date that is 12 months after the date of the enactment of this title. SEC. 13424. STUDIES , REPORTS, GUIDANCE. (a) REPORT ON COMPLIANCE.— 42USC1795 4 . 42 USC 1795 3 . 42 USC 17952. 42 USC 17951. 42 USC 1794 0 .
