If the OCR review finds that a violation occurred, but that it was not criminal, the OCR will attempt to resolve the complaint in three possible ways: Voluntary compliance; Corrective action; and/or Resolution or agreement. If a penalty is enforced as part of the resolution, the OCR will determine the amount of the penalty. Secretary of Health and Human Services may waive civil penalties, except for violations that show a willful neglect. Secretary considers 5 factors in determining amount of civil penalty, these include: Nature and extent of the violation; Nature and extent of the harm resulting from the violation; History of compliance with administrative simplification provisions, including violations; Financial condition of the covered entity or business associate; and Such other matters as justice may require. Penalty amounts are awarded based on reason/type of violation and frequency of violations Unknowingly = $100 - $50,000 A violation, of an identical provision, in a calendar year is fined $1,500,000 Reasonable Cause = $1,000 - $50,000 A violation, of an identical provision, in a calendar year is fined $1,500,000 Willful Neglect (Corrected) = $10,000 - $50,000 A violation of an identical provision, in a calendar year is fined $1,500,000 Willful Neglected (Not Corrected) = $50,000 A violation of an identical provision, in a calendar year is fined $1,500,000 Criminal penalties may be imposed if person knowingly violates the following provisions of HIPAA: Uses or causes to be used a unique health identifier; Obtains individually identifiable health information relating to an individual; or Discloses individually identifiable health information to another person. Criminal penalties include: Fine of no more than $50,000 and/or imprisonment of no more than 1 year; If offense is committed under false pretenses, a fine of no more than $100,000 and/or imprisonment of no more than 5 years; and If offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain,
If the OCR review finds that a violation occurred, but that it was not criminal, the OCR will attempt to resolve the complaint in three possible ways: Voluntary compliance; Corrective action; and/or Resolution or agreement. If a penalty is enforced as part of the resolution, the OCR will determine the amount of the penalty. Secretary of Health and Human Services may waive civil penalties, except for violations that show a willful neglect. Secretary considers 5 factors in determining amount of civil penalty, these include: Nature and extent of the violation; Nature and extent of the harm resulting from the violation; History of compliance with administrative simplification provisions, including violations; Financial condition of the covered entity or business associate; and Such other matters as justice may require. Penalty amounts are awarded based on reason/type of violation and frequency of violations Unknowingly = $100 - $50,000 A violation, of an identical provision, in a calendar year is fined $1,500,000 Reasonable Cause = $1,000 - $50,000 A violation, of an identical provision, in a calendar year is fined $1,500,000 Willful Neglect (Corrected) = $10,000 - $50,000 A violation of an identical provision, in a calendar year is fined $1,500,000 Willful Neglected (Not Corrected) = $50,000 A violation of an identical provision, in a calendar year is fined $1,500,000 Criminal penalties may be imposed if person knowingly violates the following provisions of HIPAA: Uses or causes to be used a unique health identifier; Obtains individually identifiable health information relating to an individual; or Discloses individually identifiable health information to another person. Criminal penalties include: Fine of no more than $50,000 and/or imprisonment of no more than 1 year; If offense is committed under false pretenses, a fine of no more than $100,000 and/or imprisonment of no more than 5 years; and If offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain,
PART-II-MHRA-and-HIPAA-QA.docx