What Is HIPAA Violation?

A HIPAA violation is extremely serious violation. The failure to comply with HIPAA can result in civil and criminal penalties. The Secretary of the Department of Health and Human Services (HHS) has a choice in determining the amount of the penalty based on the nature and extent of the violation and the nature and extent of the harm done from the violation. The HHS is still forbidden from imposing civil penalties, except in cases of willful neglect.
In the case of criminal penalties, in June 2005, the U.S. Department of Justice (DOJ) clarified who can be held criminally responsible for a violation under HIPAA. Covered entities and specified individuals that knowingly take in or disclose individually identifiable health information in violation of the Administrative Simplification Regulations face a fine of up to $50,000, as well as imprisonment up to one year. Offenses committed under false pretenses can be charged with penalties to be increased to a $100,000 fine, with up to five years in prison. Lastly for criminal penalties, offenses committed with the intent to sell, transfer, or use individually identifiable health information for publicity reasons, personal gain, or hateful harm permit fines of $250,000, and imprisonment for up to ten years.
Such as: health plans, health care clearinghouses, health care providers who transmit claims in electronic form, and Medicare prescription drug card sponsors. Individuals such as directors, employees, or officers of the covered entity when the covered entity is not an individual could also be directly criminally responsible under HIPAA with intentions of corporate criminal liability. Where an individual of a covered entity is not directly liable under HIPAA, they can still be charged with conspiracy or aiding and