[{"innerBlocks":[],"name":"core\/freeform","postId":983,"blockType":{"name":"core\/freeform","keywords":[],"attributes":{"content":{"type":"string","source":"raw"},"lock":{"type":"object"}},"providesContext":[],"usesContext":[],"selectors":[],"supports":{"className":false,"customClassName":false,"reusable":false},"styles":[],"variations":[],"apiVersion":3,"title":"Classic","description":"Use the classic WordPress editor.","category":"text"},"originalContent":"The Department of Health and Human Services has issued a notice reducing the maximum civil monetary penalty for all but the most serious HIPAA violations involving uncorrected willful neglect.

HHS is exercising its \u201cenforcement discretion\u201d in how it applies the agency\u2019s regulations concerning the assessment of HIPAA civil money penalties, according to a notification<\/a> published in the Federal Register<\/i>.

\u201cCurrent HHS regulations apply the same cumulative annual (civil monetary penalty) limit across four categories of violations based on the level of culpability,\u201d states the notice. \u201cAs a matter of enforcement discretion and pending further rulemaking, HHS will apply a different cumulative annual CMP limit for each of the four penalties tiers in the HITECH Act.\u201d

While a 2013 rule applied a maximum penalty of $1.5 million for all four penalty tiers under the HITECH Act, based on further review of the statute by the HHS Office of the General Counsel, the agency \u201chas determined that the better reading of the HITECH Act\u201d is to reduce the maximum penalty for three of the four tiers as follows: $25,000 for no knowledge, $100,000 for reasonable cause and $250,000 for corrected willful neglect.

However, the maximum penalty for uncorrected willful neglect\u2014the most serious HIPAA violation\u2014remains at $1.5 million.

\u201cHHS will use this penalty tier structure, as adjusted for inflation, until further notice,\u201d states the notification, adding that \u201cthis exercise of enforcement discretion is effective indefinitely.\u201d

The announcement comes on the heels of a banner year in 2018 for the HHS Office for Civil Rights, which set an all-time record for HIPAA enforcement activity in terms of overall dollar value.

Last year, OCR also reported the single largest individual HIPAA settlement in history of $16 million with Anthem\u2014a nearly three-fold increase over the previous record settlement of $5.5 million in 2016.","saveContent":"The Department of Health and Human Services has issued a notice reducing the maximum civil monetary penalty for all but the most serious HIPAA violations involving uncorrected willful neglect.

HHS is exercising its \u201cenforcement discretion\u201d in how it applies the agency\u2019s regulations concerning the assessment of HIPAA civil money penalties, according to a notification<\/a> published in the Federal Register<\/i>.

\u201cCurrent HHS regulations apply the same cumulative annual (civil monetary penalty) limit across four categories of violations based on the level of culpability,\u201d states the notice. \u201cAs a matter of enforcement discretion and pending further rulemaking, HHS will apply a different cumulative annual CMP limit for each of the four penalties tiers in the HITECH Act.\u201d

While a 2013 rule applied a maximum penalty of $1.5 million for all four penalty tiers under the HITECH Act, based on further review of the statute by the HHS Office of the General Counsel, the agency \u201chas determined that the better reading of the HITECH Act\u201d is to reduce the maximum penalty for three of the four tiers as follows: $25,000 for no knowledge, $100,000 for reasonable cause and $250,000 for corrected willful neglect.

However, the maximum penalty for uncorrected willful neglect\u2014the most serious HIPAA violation\u2014remains at $1.5 million.

\u201cHHS will use this penalty tier structure, as adjusted for inflation, until further notice,\u201d states the notification, adding that \u201cthis exercise of enforcement discretion is effective indefinitely.\u201d

The announcement comes on the heels of a banner year in 2018 for the HHS Office for Civil Rights, which set an all-time record for HIPAA enforcement activity in terms of overall dollar value.

Last year, OCR also reported the single largest individual HIPAA settlement in history of $16 million with Anthem\u2014a nearly three-fold increase over the previous record settlement of $5.5 million in 2016.","order":0,"get_parent":{},"attributes":[],"attributesType":{"content":{"type":"string","source":"raw"},"lock":{"type":"object"}},"dynamicContent":""}]

HHS cuts maximum civil monetary penalties for HIPAA violations

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