The HHS Office for Civil Rights (“OCR”) issued a notice in the Federal Register regarding its Enforcement Discretion (84 Fed. Reg. 18151) on April 30, 2019. HHS announced that HHS will now apply a different cumulative annual Civil Money Penalties (CMPs) limit for each of the four categories of HIPAA violations based on the level of culpability. As indicated in the table below, currently, and pursuant to its administrative rulemaking after passage of the HITECH Act, HHS applies the same cumulative annual CMP limit of $1.5 million.