Understanding HIPAA Violation Penalties

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Greg Garner

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May 10, 2013, 6:36:02 PM5/10/13
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Please consider this free-reprint article written by:
Greg Garner

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Article Title: Understanding HIPAA Violation Penalties
Author: Greg Garner
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Today�s modern technology has reformed the way businesses are being made. The computer, for instance, had given us the edge to do business via the internet. The increase utilization of the new technology has also built a new platform in the health care industry. Through the internet, health care providers, patients and even insurers are able to quickly get access with the medical records of patients. This makes access of relevant medical information a bit easier and faster. The electronic transmission of protected health information or PMI, however, can be vulnerable to data exploitation and mishandling. This is the main reason why the Health Insurance Portability and Accountability Act of 1996 or better known as HIPAA was created and approved by the U.S. government.

There are actually two major kinds of penalties you may be able to obtain once you violated the privacy law.

1. Criminal Penalties

A HIPAA violation that is done so willingly can be considered as a criminal violation. A person, regardless of his positions in the company, who has fully understood the implications of disclosing the confidential medical record of patients, shall be charged of criminal penalties.

There are actually different levels of criminal violations severity. For the least serious criminal violation, an imprisonment of up to one year and a minimum penalty of $50,000 shall be imposed. Someone having a criminal case that is identified as malicious and detrimental can be given a punishment of up to ten years imprisonment and a fine of as much $250,000. An excellent illustration for this kind of serious criminal case is vending patient�s medical records to certain individuals or companies with the intention of injuring an individual or perhaps done for personal benefit.

2. Civil Penalties

Unlike criminal violation, a HIPAA civil violation is done unwillingly. Someone who has mistakenly disclosed patient medical information can be charged of a civil violation. The levels of severity vary just like criminal violations. The least grave civil violation is when someone has mistakenly disclosed medical information despite of his effort to avoid information leakage. This level of violation severity is punishable by a monetary penalty of $100 per violation. Minimum fine can be repeated during the calendar year for up to $25, 000. The most serious level of civil violence happens when a person unknowingly disclosed confidential medical information. However, even when the person already learned about the disclosure, he has done nothing to halt information disclosure. And eventually the leak took placed because of willful abandonment and neglect of the situation. The penalty, though, depends upon the action taken to stop the information leakage. This kind of civil violation is punishable by a maximum penalty of $50, 000 per violation. This can be repeated in a calendar year for up to $1.5 million.

In order to fully understand why it is very important to adhere with the rules and regulations set forth in the privacy law; you need to be au fait with the penalties you can get if caught not in compliance with the HIPAA.


About The Author: For more information, please visit our HIPAA Training Course website http://www.hipaaexams.com/hipaa-training.asp

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