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HIPAA Civil Money Penalties: Is There A Limit?

First few Article Sentences

The Office for Civil Rights (“OCR”) recently posted the HIPAA training materials used to educate the State Attorneys General (“State AGs”).1 The Health Information Technology for Clinical and Economic Health (“HITECH”) Act, part of the American Recovery and Reinvestment Act of 2009, empowered State AGs to bring civil actions on behalf of its state residents for violations of the HIPAA Privacy and Security Rules. OCR created HIPAA training materials to familiarize the State AGs with OCR’s view of the HIPAA Privacy and Security Rules and how they presumed the State AGs would use their new authority to enforce HIPAA.

The HIPAA training materials consist of a number of video recordings of the presentations made to the State AGs. Of interest for purposes of this article is the OCR presentation on computing Civil Money Penalties (“CMPs”) and how to maximize the penalties imposed.


Studebaker, Emily, R

Rose, Stephen, D

Garvey Schubert Barer

HIPAA

June 18, 2012

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