HIPAA
3. Business Associates Section:
Penalties
Section 1176 of the Act establishes civil monetary penalties for violation of the
provisions in part C of title XI of the Act, subject to several limitations. Penalties may
not be more than $100 per person per violation and not more than $25,000 per person, per
standard, for violations of a single standard for a calendar year. The procedural
provisions of section 1128A of the Act apply to actions taken to obtain civil monetary
penalties under this section.
Section 1177 establishes penalties for any person that knowingly uses a unique health
identifier, or obtains or discloses individually identifiable health information in
violation of the part. The penalties include:
(1) a fine of not more than $50,000 and/or imprisonment of not more than 1 year;
(2) if the offense is "under false pretenses," a fine of not more than
$100,000 and/or imprisonment of not more than 5 years; and
(3) if the offense is with intent to sell, transfer, or use individually identifiable
health information for commercial advantage, personal gain, or malicious harm, a fine of
not more than $250,000 and/or imprisonment of not more than 10 years. |