Understand how some penalties may be distributed to victims.
The Health Information Technology for Economic and Clinical Health (HiTECH) Act became law on February 17, 2009, and effectively amended HIPAA in ways that established four categories of HIPAA violations reflecting increasing levels of culpability, set up a four-tier system of penalty amounts that materially increase the minimum penalty amount for each violation, increased the maximum penalty amount to $1.5 million, removed the bar on imposing penalties for covered entities that simply did not know and with the exercise of reasonable due diligence would not have known of HIPAA violations; and prohibited imposing penalties for HIPAA violations if such violations are corrected within thirty (30) days if and only if the HIPAA violation was not due to “willful neglect.” This video reviews the tiers of civil penalties for HIPAA noncompliance and discusses criminal penalties under HIPAA.
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