Enforcement of the HIPAA EDI regs is through CMS not OCR. CMS has already
posted on their web site an on-line complaint form to use for submitting
complaints about possible violations. The complaint form is also available
as a .pdf via download.

Rachel Foerster
Rachel Foerster & Associates, Ltd.
Professionals in Health Care EDI
39432 North Avenue
Beach Park, IL 60099
Voice: 847-872-8070
Fax: 847-872-6860

-----Original Message-----
From: Christiansen, John (SEA) [mailto:[EMAIL PROTECTED]]
Sent: Thursday, January 30, 2003 10:53 AM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: HIPAA EDI

This would be covered by the general HIPAA civil penalties provision,
$100/violation to $25K annual max per "type of violation," on a no-fault
basis, presumably enforced via the OCR in a non-adversarial "we're here to
help" fashion. However, I was recently persuaded that it would also be
possible to bring criminal charges for knowing disclosure of PHI in a
regulated transaction without using the required codes and/or format. I
would hope that would not be a case any prosecutor would want to bring but I
think it is logically possible and therefore a matter of prosecutorial
discretion. As my sainted Irish mother used to say, oy vay.

John R. Christiansen
Preston | Gates | Ellis LLP
925 Fourth Avenue, Suite 2900
Seattle, Washington 98104
*Direct: 206.370.8118 *Cell: 206.683.9125
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-----Original Message-----
From: Sherry Lynn Burke [mailto:[EMAIL PROTECTED]]
Sent: Thursday, January 30, 2003 4:58 AM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: HIPAA EDI

I am trying to locate penalties for failure to comply with the EDI standards
but am not having any luck.  Advice?

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