What is the Maximum Penalty for Violating HIPAA? [Updated for 2024]
Violating HIPAA can have severe consequences, with penalties ranging from financial fines to criminal charges and imprisonment. But what is the maximum penalty for violating HIPAA?
In this article, we’ll dive deeper into the fines by category, and look at the maximum penalty that is applicable, depending on the specific violation case.
What Is The Maximum Penalty For Violating Hipaa In 2024?
The maximum penalty for HIPAA violations depends on various factors, such as the level of culpability, willful neglect, and whether the violation was corrected within a specific time frame.
In 2023, the penalty structure for HIPAA violations consists of four tiers, with civil monetary penalties ranging from $100 to $50,000 per violation, depending on the level of culpability.
The maximum monetary civil penalty for the HIPAA violation of uncorrected willful neglect is currently $1,919,173, subject to adjustments for inflation.
What Is The Maximum Penalty For A HIPAA Violation? Penalties Per Violation Type
The maximum penalty for violating HIPAA depends on the violation type and the level of culpability. The penalties can range from $100 to $50,000 per violation, and in certain cases, criminal penalties such as fines or imprisonment may apply.
There are four tiers of civil monetary penalties when it comes to HIPAA violations:
- Tier 1: Violations due to lack of knowledge or reasonable cause. The penalty range is $100 to $50,000 per violation, with an annual maximum of $25,000 for repeat violations.
- Tier 2: Violations due to reasonable cause and not willful neglect. The penalty range is $1,000 to $50,000 per violation, with an annual maximum of $100,000 for repeat violations.
- Tier 3: Violations due to willful neglect but corrected within the required time period. The penalty range is $10,000 to $50,000 per violation, with an annual maximum of $250,000 for repeat violations.
- Tier 4: Violations due to uncorrected willful neglect. The maximum fine per HIPAA violation is $50,000, with an annual maximum of $1,500,000 for repeat violations.
Additionally, criminal penalties may apply in severe cases where individuals intentionally disclose protected health information (PHI) improperly or with malicious intent. Such cases may result in fines up to $250,000 and a maximum jail sentence of 10 years.
The Office for Civil Rights (OCR) focuses on enforcing HIPAA Privacy and Security Rules and works closely with HIPAA-covered entities, business associates, and healthcare organizations. They may perform risk analysis, ensure compliance with business associate agreements, and take necessary actions to address HIPAA violations and protect patients' medical records and individually identifiable health information.
Key Takeaways
The maximum penalty for violating HIPAA depends on the nature of the violation and the level of negligence involved. Penalties can range from monetary fines to potential imprisonment.
The maximum monetary civil penalty for the HIPAA violation of uncorrected willful neglect is $50,000 per violation, with an annual cap of $1.5 million. However, this can change as the Department of Health and Human Services may adjust the penalty amounts annually.
