Understand how some penalties may be distributed to victims.
The Health Information Technology for Economic and Clinical Health (HiTECH) Act became law on February 17, 2009, and effectively amended HIPAA in ways that established four categories of HIPAA violations reflecting increasing levels of culpability, set up a four-tier system of penalty amounts that materially increase the minimum penalty amount for each violation, increased the maximum penalty amount to $1.5 million, removed the bar on imposing penalties for covered entities that simply did not know and with the exercise of reasonable due diligence would not have known of HIPAA violations; and prohibited imposing penalties for HIPAA violations if such violations are corrected within thirty (30) days if and only if the HIPAA violation was not due to “willful neglect.” This video reviews the tiers of civil penalties for HIPAA noncompliance and discusses criminal penalties under HIPAA.
Leslie Bender, CIPP/US, CCCO, CCCA, IFCCE
Clark Hill PLC
- Senior counsel at Clark Hill PLC, a multidisciplinary, international law firm that draws on our attorneys’ comprehensive industry and policy knowledge and a global network of industry advisors and subject-matter experts to provide innovative legal solutions and client-service excellence worldwide
- An articulate corporate author and engaging trainer with more than 30 years of experience handling compliance, regulatory, transactional, and legal matters for hospitals and financial services companies
- Recognized as a national expert on HIPAA and other information privacy and security laws, she was one of the first privacy officers internationally accredited as a Certified Information Privacy Professional
- In addition to being an attorney and government/regulatory relations specialist, she is an experienced mediator
- Frequent motivational speaker and compliance educator and has been honored for her contributions to the consumer financial and health care industries by several credit, collections, health care, and banking associations as well as the U.S. Small Business Administration
- J.D. degree, University of Notre Dame; undergraduate degree, Northwestern University
- Can be contacted at [email protected]
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