HHS Increases HIPAA Fines

Along with increasing enforcement efforts, the Department of Health and Human Services (HHS) recently increased penalty ranges for HIPAA violations. The penalties are subject to cost of living increases.

The increased penalties ranges are as follows:

• No Knowledge (Covered Entity did not know about violation): $112 to $55,910 per violation

• Reasonable Cause (Lesser than Willful Neglect): $1,118 - $ 55,910 per violation

• Willful Neglect (Violation CorrecteD): $11,182 - $55,910 per violation

• Willful Neglect (Violation not Corrected): Minimum penalty is $55,910 per violation and there is no maximum.

The total penalties for an identical prohibition or regulation violation cannot exceed $1,667,299. HHS continues to enforce HIPAA and the fines continue to increase. Health and welfare plan sponsors are urged to review their HIPAA policies and procedures to ensure compliance.