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Penalties for HIPAA Violations - Biometrics Direct

PROTECTING THE PRIVACY OF PATIENTS' HEALTH INFORMATION - US Dept of Health and Human Services

This version includes COMPANY NOTES from Biometrics Direct Commentary
James Childers - CEO of ASG - My NOTES will be highlighted

PENALTIES FOR HIPAA VIOLATIONS

Per section 1177 of HIPAA, a person who knowingly

• uses a unique health identifier, or causes one to be used;
• obtains individually identifiable health information relating to an individual; or
• discloses individually identifiable health information to another person;

is in violation of HIPAA regulations. Such persons are subject to the following penalties:

• a fine of up to $50,000, or up to 1 year in prison, or both; (Class 6 Felony)
• if the offense is committed under false pretenses, a fine of up to $100,000, up to 5 years in prison, or both; (Class 5 Felony)
• if the offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, a fine up to $250,000, or up to 10 years in prison, or both. (Class 4 Felony)
• HIPAA also provide for civil fines to be imposed by the Secretary of DHHS "on any person" who violates a provision of it. The maximum is $100 for each violation, with the total amount not to exceed $25,0000 for all violations of an identical requirement or prohibition during a calendar year. (Class 3 Felony)

NOTE - HIPAA is a FEDERAL LAW and offenses will be tried in FEDERAL COURT.  In the United States Federal Law, a felony is a crime punishable by one or more years of imprisonment, and the penalties for HIPAA violations are FELONIES.  This means that you can lose your RIGHTS to the following if you are convicted of any of these offenses.  The right to vote is taken away, as is the opportunity to run for office and serve in the military, and the ability to own or use a firearm. A felon's driver's license may be revoked or suspended; employers have the right to inquire about any felony convictions, and may require insurance coverage before hiring anyone with prior history as a felon. Many insurance companies will not insure convicted felons, therefore making it difficult for many to obtain jobs..  Theoretically, federal law allows persons convicted of felonies in a federal United States district court to apply to have their record expunged after a certain period of time with a clean record. However, the U.S. Congress has refused to fund the federal agency mandated with handling the applications of convicted felons to have their record expunged. This means that, in practice, federal felons cannot have their records expunged.  The person responsible for the leak of the data is the one that will be tried.  Don't take a chance - SECURE that DATA and your NETWORK.