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Did you know
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HIPAA provides for both civil and criminal penalties. The civil penalties related to a violation of the Privacy Standards or the Security and Electronic Signature Standards are $100 for each violation, subject to a maximum of $25,000 for any identical violations during a calendar year.
However, HIPAA provides an exception for instances in which a person did not know, that such person committed a violation.
In addition, the civil penalty may not be imposed if: (i) the failure to comply was due to reasonable cause (no willful neglect), and (ii) the failure to comply is corrected within thirty days after the person knew or should have known of the violation.
HIPAA also sets forth criminal penalties that apply to a person who knowingly and in violation of the HIPAA Privacy Standards or the Security and Electronic Signature Standards obtains or discloses individually identifiable health information. The criminal penalties include:
* For a person who knowingly and unlawfully obtains or discloses individually identifiable health information, a fine of up to $50,000 and/or imprisonment up to one year;
* If the offense is committed under false pretenses, a fine of up to $100,000 and/or imprisonment of up to five years;
* If the offense is committed with intent to sell, transfer or use the health information for commercial advantage, personal gain, or malicious harm, a fine of up to $250,000 and/or imprisonment of up to ten years.
However, it is unsettled as to whether such criminal penalties apply only to Covered Entities, or whether they apply to non-Covered Entities as well. (42 U.S.C.A. section 1320d-5 and section 1320d-6). |
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