What are the penalties for violating HIPAA?
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) established rules protecting the privacy and security of personal health data. The HIPAA Security Rule set national standards specifically for the security of protected health information (PHI) that is created, stored, transmitted, or received electronically (i.e., electronic protected health information, or ePHI). To ensure the confidentiality, integrity, and availability of ePHI data, the HIPAA Security Rule requires organizations and individuals to implement a series of administrative, physical, and technical safeguards when working with ePHI data.
Failure to comply with HIPAA requirements can result in civil and criminal penalties, as well as progressive disciplinary actions through Indiana University, up to and including termination. These civil and criminal penalties can apply to both covered entities and individuals.
Section 13410(D) of the HITECH Act, which became effective on February 18, 2009, revised section 1176(a) of the Social Security Act by establishing:
- Four categories of violations that reflect increasing levels of culpability
- Four corresponding tiers of penalties that significantly increase the minimum penalty amount for each violation
- A maximum penalty amount of $1.5 million for all violations of an identical provision
|Civil monetary penalties|
|1. Covered entity or individual did not know (and by exercising reasonable diligence would not have known) the act was a HIPAA violation.||$100-$50,000 for each violation, up to a maximum of $1.5 million for identical provisions during a calendar year|
|2. The HIPAA violation had a reasonable cause and was not due to willful neglect.||$1,000-$50,000 for each violation, up to a maximum of $1.5 million for identical provisions during a calendar year|
|3. 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 for identical provisions during a calendar year|
|4. 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 for identical provisions during a calendar year|
|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|
The UITS Advanced Biomedical IT Core (ABITC) provides consulting and online help for Indiana University researchers who need help securely processing, storing, and sharing ePHI research data. If you need help or have questions about managing HIPAA-regulated data at IU, contact the ABITC. For additional details about HIPAA compliance at IU, see HIPAA & ABITC and the Office of Vice President and General Counsel (OVPGC) HIPAA Privacy & Security page.
For more, see:
- What services does IU provide for researchers working with ePHI data?
- What are my responsibilities when using UITS systems for work with electronic protected health information?
- Comparing supported data classifications, features, costs, and other specifications of file storage solutions and services with storage components available at IU
Last modified on April 16, 2014.