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When did HIPAA Become law?
August 21, 1996
What does the acronym HIPAA mean?
Health Insurance Portability and Accountability Act of 1996.
What are other names for HIPAA?
1) Public Law 104-194 (H.R. 3103)
2) The Kennedy Kassebaum Bill
What is HIPAA's definition of a "Small" Business?
Those typically having fewer than 50 participants and less than 5 million dollars in
revenues.
What is Privacy Standards compliance date?
April 14,2003.
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What is the Security Standards compliance date?
April 20, 2005.
What is the ARRA and when was it signed into law?
The American Recovery and Reinvestment Act. It was signed into law on
February 17, 2009.
The ARRA and HITECH Act came into legislation at the same time. What is the
HITECH Act?
The Health Informaton Technology for Economic and Clinical Health Act.
HIPAA Provides both Civil and/or Criminal Penalties. Define the Tier A Penalty.
Tier A: If the offender did not know and exercised resonable diligence and
would not have known that they violated the law a $100 fine for each violation.
If the violation is of an identical requirement the fine or prohibition cannot
exceed $25,000 per calendar year.
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What are the 4 Subtitles of The HITECH Act ?
Subtitle A - Promotion of Health Informaiton Technology.
Subtitle B - Testing of Health Information Technology
Subtitle C - Grants and Loans Funding
Subtitle D - Privacy
Define Tier B Civil Penalty.
If the violation was due to reasonable cause and not willful neglect $1,000 for
each
violation of an identical requirement or prohibition during a calendar may not
exceed
$100,000.
Define Tier C Civil Penalty.
If the violation was due to willfulneglect but was corrected $10,000 for each
violation. If the violation was identical or prohibition during the calandar year
it may not exceed
$250,000.
Define Tier D Civil Penalty.
If the violation was due to willful neglect and was not corrected $50,000 for each
violation except the total amount imposed to a person for an identical
requirement or prohibition during a calendar year may not exceed $1,500,00.
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What are the Criminal Penalties for misuse of unique health identifiers or IIHI?
-A fine up to $50,000 and/or imprisonment of not more than 1 year.
-If misuse is under false pretenses, a fine up to $1000,000 and/or imprisonment
of not more than 5 years
-If misuse is with intent to sell, transfer, or use individually identifiable health
information for commercial advantage, personal, gain, or malicious harm, a fine
up to $250,000 and/or imprisonment of not more than 10 years.
ARE BA's liable to Civil and Criminal Penalities under HITECH?
Yes. The HITECH Act made this sweeping change.
Does HIPPA allow States' Attorney Generals ro recover money penalties?
Yes. They can collect money penalties as well as costs of suit and attorneys'
fees, on behalf of residents of the state who are harmed by the HIPAA
violation.
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