10-29-2003, 01:46 AM
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Registered User
Join Date: Oct 2003
Posts: 22
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http://oryza.com/asia/hongkong/index.shtml
Quote:
Originally posted by KRL
Have to research it, but in healthcare its nice and nasty.
2. Civil Sanctions
The U.S. HHS may impose civil fines of up to $100 per violation not to exceed a total of $25,000 per person per year for a negligent violation of a single standard.
UnderCalifornia law, any patient may bring a civil action against a person or entity who negligently releases confidential information in violation of the Confidentiality of Medical Information Act. In addition, the person or entity may be assessed an administrative fine or civil penalty not to exceed:
a. $2,500 per negligent violation;
b. $25,000 per willful or knowing violation; and
c. $250,000 per willful or knowing violations if the information was used for financial gain.
3. Criminal Sanctions
HHS may make a criminal referral to the U.S. Department of Justice to prosecute a person who knowingly violated a requirement set forth in the Privacy Rule. The potential criminal penalties are as follows:
a. If the person is convicted of violating a requirement set forth in the Privacy Rule with the intent to sell, transfer, or use Individually Identifiable Health Information for commercial advantage, personal gain or malicious harm, a court may impose a criminal penalty of fines of up to $250,000 and/or imprisonment of up to ten years.
b. If the person is convicted of violating a requirement set forth in the Privacy Rule under false pretenses, a court may impose a criminal penalty of fines of up to $100,000 and/or imprisonment for up to five years; and
c. If the person knowingly commits and is convicted of a violation of the Privacy Rule (other than under the specific circumstances in paragraphs a and b above), the person may be fined up to $50,000 and/or imprisoned for up to one year.
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