Attorney generals and district attorneys around the country, are increasingly taking HIPAA violations seriously. Criminal charges for violating HIPAA are serious.
You should know that the federal government can bring criminal charges against companies and company employees under the Health Insurance Portability and Accountability Act (HIPAA). Attorney generals and district attorneys around the country, are increasingly taking HIPAA violations seriously. Moreover, many states have parallel versions of the law that could create additional liability.
Criminal penalties for a violation of HIPAA apply to “covered entities.” These are health plans, health care clearinghouses, and health care providers. Directors, employees, and officers of a covered entity can also be held liable, as can any other individuals that knowingly aid and abet criminal behavior.
Criminal charges for violating the HIPAA usually lead to prison time:
- Anyone that knowingly commits data theft or healthcare fraud with either a malicious or commercial intent can be punished by up to ten years in prison.
- Obtaining protected healthcare information by using false pretenses is a crime punishable by up to five years in prison.
- Even criminal violations of HIPAA that are simply due to negligence are punishable by up to one year in prison.
HIPAA violations can lead to pretty severe civil penalties as well:
- Under HIPAA, individuals and organizations found guilty of willful violations are given a mandatory fine of $50,000 per violation.
- Violations due to negligence, but not willful neglect, are penalized by up to $50,000 per violation.
- Even when there was no negligence and a violation was completely innocent, a fine of at least $100 and up to $50,000 per violation will apply.
If you are in the healthcare field or buy and sell healthcare data,
you know how critically important it is to be HIPAA compliant. But are you?
For more information and for HIPAA violation risk assessment
contact us by calling (201) 493-1414 x 311.
Considering how important your computer network is when it comes to modern medical practice office, you must turn to trusted IT advisors when it comes to making your practice HIPAA/HITECH compliant. Here is how to avoid HIPAA headaches:
- Create and Implement the Incident Management and Breach Reporting plan.
- Think and act fast
- Identify and locate all the data you own.
- Assess threats and vulnerabilities.
- Address all identified risks.
- Fix all identified problems and vulnerabilities.
- Understand and communicate policies and rules
- Make sure all parties involved in your practice know the patient and government reporting requirements.
- Create and Implement the Incident Management and Breach Reporting plan. If data breach happens, think and act fast
Does your medical practice need competent, professional tech support and IT services?
- Managed IT Support Services – 24/7/365 remote monitoring
- IT Service Plans – onsite, remote and virtual computer network tech support
- Hardware and Software management and upgrades
- Virus, spyware and security protection for your computers and servers
- Complete support and solutions for your practice
- HIPAA/HITECH Compliance and Tech Support services