Who in my physician office is liable for HIPAA penalties?
HIPAA applies only to covered entities. Covered entities are organizations – not individuals. However, to the extent that organizational liability can be ascribed to individuals associated with it, those individuals could also be liable. Prison terms, for example, cannot be served by organizations – only individuals go to jail. If a doctor sold information about a celebrity patient to a tabloid, the practice (i.e. the organization) would first be found guilty of a criminal violation, after which the doctor could be prosecuted and, if convicted, fined or imprisoned. If blame could not be assigned to a specific individual within the organization, then the penalty would consist of a civil or criminal fine imposed on the organization.
Related Questions
- My physicians office can provide me with a print out of immunization records and physical examination information. Can I send in that document instead of the ASFH health form?
- The pharmacist will not accept a phone order for a controlled substance when my supervising physician is out of the office. Why?
- Who in my physician office is liable for HIPAA penalties?
