Federal Agencies Diverge on the Application of HIPAA’s Civil and Criminal Penalties By John Aloysius Cogan, Jr., Esq.


The two federal agencies charged with enforcing the privacy provisions of the Health insurance Portability and Accountability Act of 1996 (HIPAA) have taken diverging approaches to the enforcement of HIPAA. As a result, the field of possible targets for a government enforcement action has been expanded to include persons and businesses not originally thought to be covered by HIPAA. This change raises oversight and compliance issues for nearly every business or person that may have access to health information related to an individual, referred to by HIPAA as “protected health information” (PHI). In addition, the employees of such businesses are now at risk under HIPAA’s criminal provisions. This new development means that businesses thought previously to be exempt from HIPAA should consider implementing a training program and taking steps to establish oversight of any activity involving the use or disclosure of PHI.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Partridge Snow & Hahn LLP | Attorney Advertising

Written by:


Partridge Snow & Hahn LLP on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.