violation due to $1,000 per violation, with an $50,000 per violation, reasonable cause and not due annual maximum of $100,000 for with an annual to willful neglect repeat violations maximum of $1.5 million HIPAA violation due to willful $10,000 per violation, with an $50,000 per violation, neglect but violation is annual maximum of $250,000 for with an annual corrected within the required repeat violations maximum of $1.5 time period million HIPAA violation is due to $50,000 per violation, with an $50,000 per violation, willful neglect and is not annual maximum of $1.5 million with an annual corrected maximum of $1.5 million Criminal Penalties In June 2005, the U.S. Department of Justice (DOJ) clarified who can be held criminally liable HIPAA. Covered entities and specified individuals, as explained below, whom "knowingly" obtain or disclose individually identifiable health information in violation of the Administrative Simplification Regulations face a fine of up to $50,000, as well as imprisonment up to one year. Offenses committed under false pretenses allow penalties to be increased to a $100,000 fine, with up to five years in prison. Finally, offenses committed with the intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain or malicious harm permit fines of $250,000, and imprisonment for up to ten years. Covered Entity and Specified Individuals The DOJ concluded that the criminal penalties for a violation of are directly applicable to covered entities—including health plans, health care clearinghouses, health care providers who transmit claims in electronic form, and Medicare prescription drug card sponsors. Individuals such as directors, employees, or officers of the covered entity, where the covered entity is not an individual, may also be directly criminally liable under HIPAA in accordance with principles of "corporate criminal liability." Where an individual of a covered entity is not directly liable under HIPAA, they can still be charged with conspiracy or aiding and abetting. “Knowingly” The DOJ interpreted the "knowingly" element of the HIPAA statute for criminal liability as requiring only knowledge of the actions that constitute an offense. Specific knowledge of an action being in violation of the HIPAA statute is not required. ABUSED AND NEGLECTED CHILD REPORTING ACT (325 ILCS 5/) Section 11
violation due to reasonable cause and not due to willful neglect $1,000 per violation, with an annual maximum of $100,000 for repeat violations $50,000 per violation, with an annual maximum of $1.5 million HIPAA violation due to willful neglect but violation is corrected within the required time period $10,000 per violation, with an annual maximum of $250,000 for repeat violations $50,000 per violation, with an annual maximum of $1.5 million HIPAA violation is due to willful neglect and is not corrected $50,000 per violation, with an annual maximum of $1.5 million $50,000 per violation, with an annual maximum of $1.5 million Criminal Penalties In June 2005, the U.S. Department of Justice (DOJ) clarified who can be held criminally liable HIPAA. Covered entities and specified individuals, as explained below, whom "knowingly" obtain or disclose individually identifiable health information in violation of the Administrative Simplification Regulations face a fine of up to $50,000, as well as imprisonment up to one year. Offenses committed under false pretenses allow penalties to be increased to a $100,000 fine, with up to five years in prison. Finally, offenses committed with the intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain or malicious harm permit fines of $250,000, and imprisonment for up to ten years. Covered Entity and Specified Individuals The DOJ concluded that the criminal penalties for a violation of are directly applicable to covered entities—including health plans, health care clearinghouses, health care providers who transmit claims in electronic form, and Medicare prescription drug card sponsors. Individuals such as directors, employees, or officers of the covered entity, where the covered entity is not an individual, may also be directly criminally liable under HIPAA in accordance with principles of "corporate criminal liability." Where an individual of a covered entity is not directly liable under HIPAA, they can still be charged with conspiracy or aiding and abetting. “Knowingly” The DOJ interpreted the "knowingly" element of the HIPAA statute for criminal liability as requiring only knowledge of the actions that constitute an offense. Specific knowledge of an action being in violation of the HIPAA statute is not required. ABUSED AND NEGLECTED CHILD REPORTING ACT (325 ILCS 5/) Section 11
IML_FOIA_v_CONFIDEN_PRESENT.docx