May 24, 2012

New Interim Rule Creates Higher Penalties for HIPAA Violations

On October 30th, HHS published its new HIPAA rules that increase penalties for HIPAA and HITECH violations. The rule becomes effective Nov. 30th, and applies to violations occurring on or after Feb. 18, 2009. Covered entities that violate HIPAA or HITECH could be liable for penalties ranging from $100 to $50,000 depending on the nature of the violation, the resulting harm, and other factors such as the covered entities' history of prior compliance and financial condition. The interim final rule can be found here.

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About the Author

Associate

Larry Lanham is a member of the Corporate Department and Health Care Practice Group. Larry provides legal counsel to corporate entities and individuals in relation to general business and regulatory compliance issues, as well as a wide range of contracting and transactional matters. His enthusiasm for writing has led to experience handling both routine and complex transactional drafting in several industries, particularly health care.

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Associate

Stacey A. Borowicz is a member of the Corporate Department. Stacey counsels healthcare clients on business transactions, formations, mergers, acquisitions and employment-related transactions. Her experience includes handling matters involving fraud and abuse, Stark, anti-kickback and false claims. Stacey drafts compliance plans and performs antitrust, fraud and abuse, anti-self referral law, Medicare coding and billing compliance, HIPAA, and corporate compliance analyses. She regularly represents physician practices, ambulatory surgery centers, imaging centers and other physician-...

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