T - beg to differ. The criminal penalties under HIPAA
are ONLY for wrongful disclosure of health information and not for violation of
of the TCS or security regs......unless what you've done under those regs
constitutes "wrongful" disclosure.
Rachel foerster
--------Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]
Sent: Wednesday, June 04, 2003 11:52 AM
To: WEDI SNIP Transactions Workgroup List
Subject: Re: Payors not compliant effective on provider
The criminial penalties for violations of HIPAA--regardless of whether TCS, privacy, security--are all the same. And as HHS/OCR continue to mold the enforcement rule (interim final already out) they also are applying the same processes regardless of the type of suspected violation.
In a message dated 6/4/2003 12:45:05 PM Eastern Daylight Time, [EMAIL PROTECTED] writes:
This is not a HIPAA Myth, look at ...
Section 1176 of the Act establishes civil monetary penalties for violation
of the provisions in part C of title XI of the Act, subject to several
limitations. Penalties may not be more than $100 per person per violation
of a provision, and not more than $25,000 per person per violation of an
identical requirement or prohibition for a calendar year. With certain
exceptions, the procedural provisions in section 1128A of the Act, ''Civil
Monetary Penalties,'' are applicable to imposition of these penalties.
Section 1177 of the Act established penalties for any person that knowingly
misuses a unique health identifier, or obtains or discloses individually
identifiable health information in violation of this part. The penalties
include: (1) A fine of not more than $50,000 and/or imprisonment of not
more than 1 year; (2) if the offense is ''under false pretenses,'' a fine
of not more than $100,000 and/or imprisonment of not more than 5 years; and
(3) if the offense is with intent to sell, transfer, or use individually
identifiable health information for commercial advantage, personal gain, or
malicious harm, a fine of not more than $250,000 and/or imprisonment of not
more than 10 years. We note that these penalties do not affect any other
penalties that may be imposed by other federal programs.
Will HHS be this severe on October 17th ? I don't imagine so, but it is
all laid out for them to use to enforce the Rule. Here in Arizona you'd
get to wear a lovely pinky-orange jumpsuit, live in a tent, and pay for
your meals! I know the prospect of living in a tent here is making me
quite diligent in getting our customers compliant.
Marsha
Verizon Information Technologies
Managed Care Division
Phoenix, AZ
Home of the Back To Back NL West Champion ARIZONA DIAMONDBACKS
Phone - 602.678.6042
Fax - 602.678.6331
E-mail - [EMAIL PROTECTED]
---
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