['Employee Benefits']
['HIPAA privacy and security']
12/05/2023
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...
In determining the amount of any civil money penalty, the Secretary will consider the following factors, which may be mitigating or aggravating as appropriate:
(a) The nature and extent of the violation, consideration of which may include but is not limited to:
(a)(1) The number of individuals affected; and
(a)(2) The time period during which the violation occurred;
(b) The nature and extent of the harm resulting from the violation, consideration of which may include but is not limited to:
(b)(1) Whether the violation caused physical harm;
(b)(2) Whether the violation resulted in financial harm;
(b)(3) Whether the violation resulted in harm to an individual's reputation; and
(b)(4) Whether the violation hindered an individual's ability to obtain health care;
(c) The history of prior compliance with the administrative simplification provisions, including violations, by the covered entity or business associate, consideration of which may include but is not limited to:
(c)(1) Whether the current violation is the same or similar to previous indications of noncompliance;
(c)(2) Whether and to what extent the covered entity or business associate has attempted to correct previous indications of noncompliance;
(c)(3) How the covered entity or business associate has responded to technical assistance from the Secretary provided in the context of a compliance effort; and
(c)(4) How the covered entity or business associate has responded to prior complaints;
(d) The financial condition of the covered entity or business associate, consideration of which may include but is not limited to:
(d)(1) Whether the covered entity or business associate had financial difficulties that affected its ability to comply;
(d)(2) Whether the imposition of a civil money penalty would jeopardize the ability of the covered entity or business associate to continue to provide, or to pay for, health care; and
(d)(3) The size of the covered entity or business associate; and
(e) Such other matters as justice may require.
[71 FR 8426 Feb. 16, 2006; 78 FR 5691, Jan. 25, 2013]
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.