On January 2, 2013, CMS announced a 90-day “enforcement discretion period” with respect to operating rules mandated by the ACA for two transactions: eligibility for a health plan and health care claim status. Specifically, the CMS Office of E-Health Standards and Services (OESS) will not initiate enforcement action until March 31, 2013, with respect to HIPAA-covered entities (including health plans, health care providers, and clearinghouses, as applicable) that are not in compliance with the two operating rules published July 8, 2011. Notwithstanding OESS’s discretionary application of its enforcement authority, CMS emphasizes that the compliance date for using the operating rules remains January 1, 2013. Applicable HIPAA-covered entities that are ready to conduct transactions using the adopted operating rules should do so, and all applicable covered entities are encouraged to “expeditiously become compliant.” Moreover, while enforcement action will not be taken, OESS will accept complaints regarding compliance with the rules beginning January 1, 2013 and, if requested by OESS, covered entities that are the subject of complaints must produce evidence of either compliance or a good faith effort to become compliant during the 90-day period.