The rules proposed below at § 164.522 would establish several requirements designed to enable the Secretary to monitor and seek to ensure compliance with the provisions of this subpart. The general philosophy of this section is to provide a cooperative approach to obtaining compliance, including use of technical assistance and informal means to resolve disputes. However, in recognition of the fact that it would not always be possible to achieve compliance through cooperation, the section also would provide the Secretary with tools for carrying out her statutory mandate to achieve compliance.
Proposed § 164.522(a) would establish the principle that the Secretary would seek the cooperation of covered entities in obtaining compliance. Section 164.522(a)(2) provides that the Secretary could provide technical assistance to covered entities to help them come into compliance with this subpart. It is clearly in the interests of both the covered entities and the individuals they serve to minimize the costs of compliance with the privacy standards. To the extent that the Department could facilitate this by providing technical assistance, it would endeavor to do so.