Notice2025-17557

Agency Information Collection Request; 60-Day Public Comment Request

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
September 11, 2025

Issuing agencies

Health and Human Services Department

Abstract

In compliance with the requirement of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, is publishing the following summary of a proposed collection for public comment.

Full Text

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<title>Federal Register, Volume 90 Issue 174 (Thursday, September 11, 2025)</title>
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[Federal Register Volume 90, Number 174 (Thursday, September 11, 2025)]
[Notices]
[Pages 44077-44078]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17557]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

[Docket No. OS-0945-New-60D]


Agency Information Collection Request; 60-Day Public Comment 
Request

AGENCY: Office of the Secretary, HHS.

ACTION: Notice.

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SUMMARY: In compliance with the requirement of the Paperwork Reduction 
Act of 1995, the Office of the Secretary (OS), Department of Health and 
Human Services, is publishing the following summary of a proposed 
collection for public comment.

DATES: Comments on the Information Collection Request (ICR) must be 
received on or before November 10, 2025.

ADDRESSES: Submit your comments to Conner O'Brien at 
<a href="/cdn-cgi/l/email-protection#eda2aebfbd9f849b8c8e94ad85859ec38a829b"><span class="__cf_email__" data-cfemail="5a1519080a28332c3b39231a323229743d352c">[email&#160;protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: When submitting comments or requesting 
information, such as a free copy of the form to be used for the 
information collection, please include the document identifier OS-0945-
New-60D and project title for reference, to Conner O'Brien, email: 
<a href="/cdn-cgi/l/email-protection#de919d8c8eacb7a8bfbda79eb6b6adf0b9b1a8"><span class="__cf_email__" data-cfemail="a9e6eafbf9dbc0dfc8cad0e9c1c1da87cec6df">[email&#160;protected]</span></a>, or call (202) 240-3110.

SUPPLEMENTARY INFORMATION: Interested persons are invited to send 
comments regarding this burden estimate or any other aspect of this 
collection of information, including any of the following subjects: (1) 
The necessity and utility of the proposed information collection for 
the proper performance of the agency's functions; (2) the accuracy of 
the estimated burden; (3) ways to enhance the quality, utility, and 
clarity of the information to be collected; and (4) the use of 
automated collection techniques or other forms of information 
technology to minimize the information collection burden.
    Title of the Collection: Confidentiality of Substance Use Disorder 
Patient Records Complaint.
    Type of Collection: New Collection.
    OMB No. 0945-New: Office for Civil Rights (OCR)--Health Information 
Privacy, Data, and Cybersecurity Division.
    Abstract: OCR is requesting Office of Management and Budget (OMB) 
approval for a new information collection. Under OCR's delegated civil 
enforcement authority, a person may file a complaint with OCR for 
alleged noncompliance with 42 CFR part 2 (``Part 2''). OCR will collect 
information from individuals using the form, Confidentiality of 
Substance Use Disorder Patient Records Complaint, to allow OCR to 
collect the minimum information needed from individuals who file 
complaints with OCR to form the basis for the initial processing of 
such complaints to satisfy the right for an individual to file a 
complaint under 42 CFR 2.4(b).

I. Authority

    OCR has delegated civil enforcement authority under 42 U.S.C. 
290dd-2(f), as amended by section 3221 of the Coronavirus Relief, Aid, 
and Economic Security Act, that applies section 1176 of the Social 
Security Act (``the Act''), 45 U.S.C. 1320d-5, to a violation of Part 2 
in the same manner as it applies to a violation of part C of title XI 
of the Act, Administrative Simplification. The Administrative 
Simplification provisions were added to the Act by the Health Insurance 
Portability and Accountability Act of 1996 (HIPAA). OCR currently 
applies its HIPAA enforcement authority under section 1176 of the Act 
in accordance with 45 CFR part 160. To implement 42 U.S.C. 290dd-2, the 
Department published a final rule modifying Part 2, 89 FR 12472 
(February 16, 2024) (``2024 Part 2 Final Rule''), that included, among 
other provisions, a new right to file complaints of noncompliance and 
applied 45 CFR part 160, subparts C, D, and E, as the enforcement 
regulation for Part 2.

II. Method of Collection

    Individuals will be able to submit a Part 2 complaint using the HHS 
OCR online complaint portal or by filling out a copy of the form 
obtained from OCR's website and submitting it to OCR electronically or 
by postal mail.

[[Page 44078]]

III. Estimated Burden

    The estimated burden on individuals for gathering information and 
completing the Part 2 complaint form is 45 minutes per complaint based 
on the hourly burden for HIPAA complaints. Assuming that 1 in every 
1,000 patients treated for SUD would file a Part 2 complaint, the 
Department estimates a total of 1,398 burden hours for 1,864 complaints 
annually (1,864,367 patients/1,000 x .75 hours = 1,398).
    Likely Respondents: Patients of substance use disorder treatment 
programs who believe that a Part 2 program, covered entity, business 
associate, qualified service organization, or other lawful holder of 
Part 2 records is noncompliant with 42 CFR part 2.

                                          Annualized Burden Hour Table
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                                                                     Number of    Average burden
     Forms (if necessary)        Respondents (if     Number of     responses per   per response    Total burden
                                   necessary)       respondents     respondents      (minutes)         hours
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Complaint Form................  Patients of                1,864               1              45           1,398
                                 Substance Use
                                 Disorder
                                 Treatment
                                 Programs.
                                                 ---------------------------------------------------------------
    Total.....................  ................           1,864  ..............  ..............           1,398
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Catherine Howard,
Paperwork Reduction Act Reports Clearance Officer, Department of Health 
and Human Services, Office of the Secretary.
[FR Doc. 2025-17557 Filed 9-10-25; 8:45 am]
BILLING CODE 4153-01-P


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Indexed from Federal Register on September 11, 2025.

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