What is the penalty for disclosing protected health information?

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that protects the privacy of individuals' health information. HIPAA imposes hefty fines and other penalties, both civil and criminal, on covered entities that violate the law's provisions.

Civil Penalties:

1.First Violation:

a. Up to $50,000 for each violation

b. Corrective action plans required

2.Second Violation:

a. $10,000 to $50,000 per violation

b. Possible civil penalties up to $1.5 million

Criminal Penalties:

1.Knowingly Obtaining or Disclosing Protected Health Information (PHI):

a. Up to $50,000 fine and/or up to 1 year in prison

2.Obtaining PHI Under False Pretenses:

a. Up to $100,000 fine and/or up to 5 years in prison

Additional Consequences:

1.Exclusion from Participation in Federal Programs:

a. The Department of Health and Human Services (HHS) can exclude individuals or entities that repeatedly violate HIPAA from participating in federal healthcare programs, including Medicare and Medicaid.

2.Reputational Damage:

a. Violating HIPAA can damage an individual's or an organization's reputation and public trust.

It's important for covered entities, such as healthcare providers and health plans, to implement strong privacy and security measures to protect PHI and avoid potential penalties.