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Covered entities and specified individuals, as explained below, who knowingly obtain or disclose individually identifiable health information, in violation of the Administrative Simplification Regulations, face a fine of up to $50,000, as well as imprisonment up to 1 year.
Penalty range: $1,000 to $50,000 per violation, with an annual maximum of $1.5 million for identical violations.
The minimum fine for criminal violations of HIPAA is $50,000. The maximum criminal penalty for a HIPAA violation by an individual is $250,000. Restitution may also need to be paid to the victims. In addition to the financial penalty, a jail term is possible for a criminal violation of HIPAA Rules.
A resolution agreement is a settlement agreement signed by HHS and a covered entity or business associate in which the covered entity or business associate agrees to perform certain obligations and make reports to HHS, generally for a period of three years.
A complaint should be filed before legal action is taken against the covered entity under state laws. Complaints must be filed within 180 days of the discovery of the violation, although in limited cases, an extension may be granted.