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Penalties for Health Privacy Violations Increase

By: Swearingen, Mark J. | HRMagazine, June 2009 | Article details

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Penalties for Health Privacy Violations Increase


Swearingen, Mark J., HRMagazine


A section of the American Recovery and Reinvestment Act of 2009 (ARRA) increases enforcement of the Privacy and Security Rules of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

The changes, delineated in Title XIII of the ARRA, known as the Health Information Technology for Economic and Clinical Health (HITECH) Act, took effect when the act became law Feb. 17. They include:

* Revised and increased civil monetary penalties. Prior to the HITECH Act, civil monetary penalties for violating HIPAA were $100 per violation, with a cap of $25,000. These penalties would not apply if the violator did not know of the violation, or if the failure to …

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