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Recognize that the penalties for failure to comply with the new laws could be very significant. Under the older HIPAA enforcement rule, originally published in 2006, providers who violated HIPAA could be assessed a maximum civil monetary penalty of $100 per violation, up to $25,000 during a calendar year for identical violations. 24 Under the new ARRA, there will be a three tier system for determining the penalty. The previous rate of $100 per violation/$25,000 per year will apply for innocent mistakes if the provider did not know, and would not have known if exercising reasonable diligence, that the violation occurred. If it was not an innocent mistake, but the provider was not guilty of willful neglect, the penalty goes up to $1,000 per violation, not to exceed $100,000 per year. For violations due to willful neglect, the penalty can be as much as $50,000 per violation, not to exceed $1. 5 million per year. 25 To illustrate the difference between the old and new rules, assume that a computer with the unencrypted PHI of 10 patients is lost or stolen. Under the old rule, the maximum penalty would have been $1,000. With the new rules in effect, the maximum penalty could be between $10,000 and $500,000 depending on whether or not loss of the computer is determined to be willful neglect. So what has to be reported?Covered entities must notify patients, the government HHS, and sometimes the media when they discover breaches of PHI that were not properly secured through encryption or destruction.

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