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HIPAA Violations and Enforcement


Failure to comply with HIPAA can result in civil and criminal penalties (42 USC § 1320d-5).


Civil Penalties


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). READ MORE


What to expect in a complaint investigation letter from the OCR? READ MORE

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