Are there penalties under HIPAA?
A.
No penalties
B.
HIPAA calls for severe civil and criminal penalties for noncompliance, including: — fines up to
$25k for multiple violations of the same standard in a calendar year — fines up to $250k and/or
imprisonment up to 10 years for knowing misuse of individually identifiable health information.
C.
HIPAA calls for severe civil and criminal penalties for noncompliance, includes: — fines up to
50k for multiple violations of the same standard in a calendar year — fines up to $500k and/or
imprisonment up to 10 years for knowing misuse of individually identifiable health information
D.
HIPAA calls for severe civil and criminal penalties for noncompliance, including: — fines up to
$100 for multiple violations of the same standard in a calendar year — fines up to $750k and/or
imprisonment up to 20 years for knowing misuse of individually identifiable health information
E. HIPAA calls for severe civil and criminal penalties for noncompliance, including: — fines up to
$1.5 million for multiple violations of the same standard in a calendar year — fines up to $250k
and/or imprisonment up to 10 years for knowing misuse of individually identifiable health
information.
Penalties Under HIPAA
42USC1320d-5 General penalty for failure to comply with requirements and standards
(a) General penalty
(1) In general
Except as provided in subsection (b), the Secretary shall impose on any person who violates a provision of this part a penalty of not more than $100 for each such violation, except that the total amount imposed on the person for all violations of an identical requirement or prohibition during a calendar year may not exceed $25,000.
* * *
42USC1320d-6 Wrongful disclosure of individually identifiable health information
(a) Offense
A person who knowingly and in violation of this part-
(1) uses or causes to be used a unique health identifier;
(2) obtains individually identifiable health information relating to an individual; or
(3) discloses individually identifiable health information to another person,
shall be punished as provided in subsection (b).
(b) Penalties
A person described in subsection (a) shall-
(1) be fined not more than $50,000, imprisoned not more than 1 year, or both;
(2) if the offense is committed under false pretenses, be fined not more than $100,000, imprisoned not more than 5 years, or both; and
(3) if the offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, be fined not more than $250,000, imprisoned not more than 10 years, or both.
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