HIPAA Violations & Penalties

HIPAA Violations & Penalties

What Are The Penalties For Violating HIPAA?

Civil Penalties

Tier Penalty
Covered entity or individual did not know the act was a HIPAA violation $100-$50,000 for each violation, up to a maximum of $1.5 million per year
The HIPAA violation was due to reasonable cause and not due to willful neglect $1,000 -$50,000 for each violation, up to a maximum of $1.5 million per year
The HIPAA violation was due to willful neglect, but the violation was corrected within the required time period $10,000 -$50,000 for each violation, up to a maximum of $1.5 million per year
The HIPAA violation was due to willful neglect and was not corrected $50,000 or more for each violation, up to a maximum of $1.5 million per year

Criminal Penalties

Tier Potential Jail Sentence
Unknowingly or with reasonable cause Up to one year
Under false pretenses Up to five years
For personal gain or malicious reasons Up to ten years

Who Enforces HIPAA Compliance?

The HIPAA Privacy and Security Rules are enforced by the Office for Civil Rights (OCR). The HIPAA Omnibus Rule amended the Enforcement Rule to require the OCR to investigate any complaint when a preliminary review of the facts indicates a possible violation due to willful neglect. Covered entities and business associates will be faced with the possibility of a mandatory investigation of a complaint after the facts have been reviewed. Even prior to a complaint, breach, or investigation, an organization could be subject to a random audit to ensure all systems are secure and within compliance. Those subject to an audit must provide proof of compliancy and demonstrate that all violations have been remediated within ten days.

Get more info on HIPAA compliance assessments







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