The Importance Of HIPPA Violations In Healthcare
Trisha,
HIPPA Violations need to be taken very seriously in the healthcare field. I am sure most employees are not aware of the penalties involved with a HIPPA violation. The American Recovery Act of 2009 created a tiered penalty for HIPPA violations. But it is the Office of Civil Rights that determines the amount of each penalty, and is dependent upon the nature and extent of harm that results from the breach (CMS, 2013).
The fine for a first time violation by a person whom did not know they had violated HIPPA laws could range from $100 to as high as $50.000. A fine due to willful neglect, but corrected within the required time period is $10,000 per violation with a maximum of $50,000. If the violation is not corrected the fines increase
daily from $10,000 to $50,000 (CMS, 2013). We have all seen on the news the issues with healthcare professionals leaving their laptops in their cars and then they are stolen, this a violation of the HIPPA law.
A Privacy Rule infraction can be considered criminal and may lead to prosecution by the Department of Justice. If someone deliberately acquires or discloses a person’s health information, the fine is $50,000 and up to one year in jail. If the offense is committed through deception, the fine is $100,000 and five years in prison. If a person uses the information for personal gain or intent to harm, the fines can go as high as $250,000 and jail time of up to ten years (CMS, 2013).
These penalties can be professionally and financially devastating. There truly is no excuse for any healthcare facility not to be fully trained in regards to HIPPA laws. I have been preaching HIPPA for years now and just the thought of being fined and put in jail, along with the loss of my profession is not a chance I would ever be willing to take.
HIPPA Violations need to be taken very seriously in the healthcare field. I am sure most employees are not aware of the penalties involved with a HIPPA violation. The American Recovery Act of 2009 created a tiered penalty for HIPPA violations. But it is the Office of Civil Rights that determines the amount of each penalty, and is dependent upon the nature and extent of harm that results from the breach (CMS, 2013).
The fine for a first time violation by a person whom did not know they had violated HIPPA laws could range from $100 to as high as $50.000. A fine due to willful neglect, but corrected within the required time period is $10,000 per violation with a maximum of $50,000. If the violation is not corrected the fines increase
daily from $10,000 to $50,000 (CMS, 2013). We have all seen on the news the issues with healthcare professionals leaving their laptops in their cars and then they are stolen, this a violation of the HIPPA law.
A Privacy Rule infraction can be considered criminal and may lead to prosecution by the Department of Justice. If someone deliberately acquires or discloses a person’s health information, the fine is $50,000 and up to one year in jail. If the offense is committed through deception, the fine is $100,000 and five years in prison. If a person uses the information for personal gain or intent to harm, the fines can go as high as $250,000 and jail time of up to ten years (CMS, 2013).
These penalties can be professionally and financially devastating. There truly is no excuse for any healthcare facility not to be fully trained in regards to HIPPA laws. I have been preaching HIPPA for years now and just the thought of being fined and put in jail, along with the loss of my profession is not a chance I would ever be willing to take.