PHI (Protected Health Information)
HIPAA Applicability
HIPAA Components
Three major rules: privacy rule, security rule, breach notification rule
HIPAA & CCPA:
The California Consumer Privacy Act (CCPA) went into effect on January 1, 2020. … However, larger organizations, with more than $25 million in gross annual revenue or organizations with information on 50,000 consumers, may be subject to a HIPAA exemption, meaning they may not be subject to the requirements of the CCPA
HIPAA Tiered Penalty
- Tier 1: A violation that the covered entity was unaware of and could not have realistically avoided, had a reasonable amount of care had been taken to abide by HIPAA Rules – Minimum fine of $100 per violation up to $50,000
- Tier 2: A violation that the covered entity should have been aware of but could not have avoided even with a reasonable amount of care. (but falling short of willful neglect of HIPAA Rules) – Minimum fine of $1,000 per violation up to $50,000
- Tier 3: A violation suffered as a direct result of “willful neglect” of HIPAA Rules, in cases where an attempt has been made to correct the violation – Minimum fine of $10,000 per violation up to $50,000
- Tier 4: A violation of HIPAA Rules constituting willful neglect, where no attempt has been made to correct the violation – Minimum fine of $50,000 per violation