Criminal Liabilities Under HIPAA

Many hospitals, physician offices and other covered entities have been surprised to learn that HIPAA rules provide for criminal penalties - up to 10 years in prison for intentional violations! Now the stakes are higher and there are more stakeholders: recent stimulus legislation dramatically increased the stakes for HIPAA compliance by substantially increasing penalties for HIPAA violations, establishing mandatory breach notification requirements, applying many HIPAA privacy and security requirements to business associates (law firms, consultants, accounting firms, etc.), tightened HIPAA privacy requirements and establishing new civil and criminal HIPAA penalties. Health plans, health care clearinghouses, health care providers and Medicare prescription drug card sponsors may be prosecuted criminally for HIPAA violations.

With ID theft on the rise, prosecutors are becoming more aggressive in enforcing HIPAA laws, particularly when intent to illegally obtain patient information is involved. In addition, failing to be aware of criminal liability under HIPAA can lull health care providers into lax compliance efforts, thus exposing health care providers and individuals to increasingly severe sanctions. More importantly, depending on the facts of a given case, directors, officers and employees may also be directly liable in accordance with general principles of corporate criminal liability, as those principles are developed in the course of particular prosecutions.

Don't miss this important OnDemand Webinar on how you can protect your organization from criminal prosecution. Catch up on the latest trends in HIPAA compliance with this timely presentation.

HIPAA Overview

• Administrative Simplification
• Federal Rules
• National Standards

HIPAA Statutes and Rules

• Administrative Simplification Laws Public Law 104-191, 42 United States Code 132d, et seq
• HITECH HIPAA, HR1, Public Law 111-5
• HIPAA Rules 45 Code of Federal Regulations, Subchapter C, Parts 160, 162 and 164
• Covered Entities and Business Associates
• HIPAA Privacy and Security Rules

HITECH HIPAA

• Breach Notification
• Business Associates
• New Civil and Criminal Penalties
• Other HITECH HIPAA Provisions

Scope of Criminal Enforcement Under HIPAA

• Acts That Constitute Criminal Violations
• Who May Be Prosecuted for Criminal Violations
• Knowledge or Intent Required for Violation
• Compliance and Investigations
• Other Considerations

Case Law of Criminal Enforcement

• United States v. Gibson
• United States v. Ramirez
• United States v. Ferrer
• Recent Cases

Reducing Exposure to HIPAA Criminal Violations

• Policies and Procedures
• Employee Training
• Self-Audits
• Other Action

• CLE (Please check the "Detailed Credit Information" page for states that have already been approved)
• HR Certification Institute
• HRPD
• Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
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