Department of Health and Human Services.

Department of Health and Human Services.

Department of Health and Human Services.

The \”American Recovery and Reinvestment Act of 2009\”(ARRA) that was signed into law on February 17, 2009, established a tiered civil penalty structure for HIPAA violations (see below). The Secretary of the Department of Health and Human Services (HHS) still has discretion in determining the amount of the penalty based on the nature and extent of the violation and the nature and extent of the harm resulting from the violation. The Secretary is still prohibited from imposing civil penalties (except in cases of willful neglect) if the violation is corrected within 30 days (this time period may be extended).

 

HIPAA Violation

Individual did not know (and by exercising reasonable diligence would not have known) that he/she violated HIPAA

HIPAA violation due to reasonable cause and not due to willful neglect

HIPAA violation due to willful neglect but violation is corrected within the required time period

HIPAA violation is due to willful neglect and is not corrected

 

Minimum Penalty

$100 per violation, with an annual maximum of $25,000 for repeat violations (Note: maximum that can be imposed by State Attorneys General regardless of the type of violation)$

1,000 per violation, with an annual maximum of $100,000 for repeat violations$

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

 

Maximum Penalty$

50,000 per violation, with an annual maximum of $1.5 million$

50,000 per violation, with an annual maximum of $1.5 million$

50,000 per violation, with an annual maximum of $1.5 million$

50,000 per violation, with an annual maximum of $1.5 million

 

For this week\’s discussion board, address the following questions: Whose job is it to protect patient confidentiality? Based on the above chart, are the penalties for violations adequate? Why or why not? What additions or penalties would you add to the chart (you must add at least one change)? How would this change further protect patient confidentiality?

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