Medical professionals are trusted with a significant amount of sensitive and private information every day. This is information that should be protected. That is why the Health Insurance Portability and Accountability Act (HIPAA) was created. Under this Act, all medical professionals are required to keep patient information confidential unless they have specific patient permission to disclose their records and conditions to listed parties. Any medical professional who violates this law may jeopardize their medical license and ability to practice. Continue reading below and contact an experienced New York medical defense attorney for assistance if you are facing the loss of your medical license.
How is HIPAA Enforced?
In order to make sure all medical professionals are following HIPAA laws accordingly, The United States Department of Health and Human Services uses an Officer for Civil Rights. This officer has the right to investigate complaints, conduct compliance reviews, and educate providers regarding HIPAA rules and how to follow them. Violating these laws can detrimentally impact a professional’s medical career. It is because of this that it is crucial for professionals to practice in accordance with the law at all times.
What Happens if a Professional Violates HIPAA?
In the event that a medical professional is found in violation of HIPAA, they can face serious consequences as a result of their actions. This can include the following:
- Individuals who admit they committed an offense against HIPAA, though they can prove that they did not realize they were doing so, may face a $100-$50,000 fine, depending on the severity of what they are convicted of.
- Individuals who admit to violating HIPAA law but believe and can prove they had a reasonable cause for doing so will most likely face a $1,000-$5,000 fine for their actions.
- Those convicted of willfully neglecting HIPAA law at one time but have since corrected their offense, can face a fine ranging anywhere from $10,000-$50,000.
- Those who have knowingly violated HIPAA law more than once in the same year may face a $1.5 million fine. A fine of this magnitude can seriously impact a professional’s practice and maybe even put them out of business. That is why they need the help of an aggressive and skilled attorney to protect their livelihood.
Contact our Firm
When a medical professional is accused of misconduct, they must retain strong legal representation. If you require a medical law attorney for your legal matters, call Paul E. Walker, an experienced New York City OPMC & OPD Lawyer. Please contact the Walker Medical Law firm to set up a free initial consultation.