Risks of non Compliance

Large Enforcement Actions Since 2009

• College of California at La Health System: $865, 500, This summer 2011
• Cignet Health penalized (not really a settlement action) in Feb of 2011 - $4.3 million civil money penalty, the biggest acceptable for such violations.
• Condition of Minnesota AG initiates first condition AG action against Accretive Health, Corporation., 2012

Enforcement this year have a major effect on health care companies in addition to “non-covered entities”.

Enforcement provisions indicate that a technique for compliance that utilizes a method of “quick fixes” through technology won't suffice to deal with the brand new regulating needs.

Organizations susceptible to HIPAA must become positive within their compliance efforts and realize that “voluntary compliance” is no more the condition from the regulating atmosphere. Specific actions including comprehensive business process and technology efforts should be carried out to attain and keep compliance later on.

Non-compliance with HIPAA brings perils of FINES, JAIL &lifier Legal cases that may impact either people or corporate organizations.

RISKS FOR NONCOMPLIANCE . . .

• New rules mandate audits for organizations susceptible to HIPAA

• New rules give Attorney Generals in each and every Condition the opportunity to sue (bring a civil action) with respect to citizens from the Condition against “any person” breaking HIPAA inside a Federal District court. The guidelines offer legal damages and Condition AG’s will have the ability to utilize private lawyers to assistance with undertaking their obligations under this portion of the new rules.

• New rules provide clarification on “wrongful disclosures” and turn it into a offense to violate the Privacy rule’s authorization needs

• New rules considerably increase civil money penalties that eliminate previous protection for non-compliance. For instance, a tiered penalty structure is layed out that allows fines to become levied against “persons” that didn't know of the requirement for compliance, as much as $25Thousand.00 for just one twelve months for just one “identical breach.” Quite simply, a particular breach of the “identical requirement or prohibition” might not exceed $25Thousand.00 throughout a twelve months.

• Fines affect persons that willfully don't adhere to HIPAA and vary from $10Thousand.00 per breach to $50Thousand.00 per breach, as much as $1.5 million per twelve months for just one “identical breach, ” if corrective action isn't drawn in the situation of willful don't adhere to HIPAA. Quite simply, a particular breach of the “identical requirement or prohibition” might not exceed $1.5 million throughout a twelve months.

• The guidelines let the Office of Civil Privileges inside the Department of Health insurance and Human Services around the federal level to continue using “corrective action plans” to enforce HIPAA.