HIPAA Violation Clause Samples
The HIPAA Violation clause defines the responsibilities and consequences related to breaches of the Health Insurance Portability and Accountability Act (HIPAA) within a contractual relationship. It typically outlines what constitutes a violation, such as unauthorized disclosure of protected health information, and may specify notification requirements, remediation steps, or penalties if a party fails to comply with HIPAA regulations. This clause serves to ensure that all parties handle sensitive health information appropriately and provides a clear framework for addressing and remedying any violations, thereby protecting patient privacy and reducing legal risk.
HIPAA Violation. The U.S. Department of Health and Human Services (HHS) may impose civil money penalties on a covered entity of up to $50,000 for failure to comply with a provision in the Privacy, Security, and Breach Notification Rules, with maximum annual limits for violations of identical provisions, which are set forth at 42 U.S.C. 1320d-5(a). A person who knowingly obtains or discloses individually identifiable health information in violation of HIPAA faces criminal penalties ranging from $50,000, up to one-year imprisonment, or both, to, in circumstances where the wrongful conduct involves the intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, up to $250,000, up to ten years imprisonment, or both Criminal enforcement is conducted by the Department of Justice.
HIPAA Violation. The U.S. Department of Health and Human Services (HHS) may impose civil money penalties on a covered entity of up to $50,000 per failure to comply with a Privacy Rule requirement, up to an annual calendar year limit of $1,500,000 for multiple violations of the identical Privacy Rule requirement. A person who knowingly obtains or discloses individually identifiable health information in violation of HIPAA faces criminal penalties ranging from $50,000 and up to one-year imprisonment to up to $250,000 and up to ten years imprisonment, in circumstances where the wrongful conduct involves the intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm. Criminal enforcement is conducted by the Department of Justice.
HIPAA Violation. The U.S. Department of Health and Human Services (HHS) may impose civil money penalties on a covered entity of up to $50,000 per failure to comply with a Privacy Rule requirement, up to an annual calendar year limit of $1,500,000 for multiple violations of the identical Privacy Rule requirement. A person who knowingly obtains or discloses individually identifiable health information in violation of HIPAA faces criminal penalties ranging from $50,000 and up to one-year imprisonment to, in circumstances where the wrongful conduct involves the intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, up to $250,000 and up to ten years imprisonment. Criminal enforcement is conducted by the Department of Justice.