What are some of the consequences that could follow a breach involving PHI?

The minimum fine for willful violations of HIPAA Rules is $50,000. The maximum criminal penalty for a HIPAA violation by an individual is $250,000. Restitution may also need to be paid to the victims. In addition to the financial penalty, a jail term is likely for a criminal violation of HIPAA Rules.

What is the most serious consequence for intentionally breaching PHI security?

The maximum civil penalty for knowingly violating HIPAA Rules is $250,000, such as when healthcare information is stolen with the intent to sell, transfer, or use for personal gain, commercial advantage, or malicious harm. In addition to a fine, the maximum jail term is 10 years.

Which penalties could potentially apply to an individual who fails to comply with regulations for safeguarding PHI?

The penalties for noncompliance are based on the level of negligence and can range from $100 to $50,000 per violation (or per record), with a maximum penalty of $1.5 million per year for violations of an identical provision. Violations can also carry criminal charges that can result in jail time.

What are the penalties for any intentional disclosure of PHI?

HIPAA Criminal Penalties Covered entities who “knowingly” obtain or disclose PHI could face a fine of up to $50,000, as well as imprisonment up to 1 year. Covered entities who commit offenses under false pretenses allow penalties to be increased to a $100,000 fine, with up to 5 years in prison.

What happens when a breach of PHI affects more than 500 individuals?

If a breach affects 500 or more individuals, covered entities must notify the Secretary without unreasonable delay and in no case later than 60 days following a breach. If, however, a breach affects fewer than 500 individuals, the covered entity may notify the Secretary of such breaches on an annual basis.

What is disclosure of PHI?

Covered entities may disclose protected health information that they believe is necessary to prevent or lessen a serious and imminent threat to a person or the public, when such disclosure is made to someone they believe can prevent or lessen the threat (including the target of the threat).

What types of penalties accompany HIPAA violations?

HIPAA Violation Penalty Structure

• Tier 1: Minimum fine of $100 per violation up to $50,000.
• Tier 2: Minimum fine of $1,000 per violation up to $50,000.
• Tier 3: Minimum fine of $10,000 per violation up to $50,000.
• Tier 4: Minimum fine of $50,000 per violation.

What is willful neglect Hipaa?

Willful neglect means conscious, intentional failure or reckless indifference to the obligation to comply with the administrative simplification provision violated.

What can happen if there is an unintentional disclosure of PHI?

You will need to explain which patient’s records were viewed or disclosed. The failure to report such a breach promptly can turn a simple error into a major incident, one that could result in disciplinary action and potentially, penalties for your employer.

What should I do if I receive PHI?

In addition to notifying affected individuals and the media (where appropriate), covered entities must notify the Secretary of breaches of unsecured protected health information. Covered entities will notify the Secretary by visiting the HHS web site and filling out and electronically submitting a breach report form.