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State Police and DHS violating HIPAA?

12-Apr-2013

NY State Police and Department of Homeland security is violating HIPPA laws and searching medical records to carry out confiscations in NY.

 

Here is the punishment for violating HIPAA law:

In June 2005, the U.S. Department of Justice (DOJ) clarified who can be held criminally liable under HIPAA. Covered entities and specified individuals, as explained below, whom "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 one year. Offenses committed under false pretenses allow penalties to be increased to a $100,000 fine, with up to five years in prison. Finally, offenses committed with the intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain or malicious harm permit fines of $250,000, and imprisonment for up to ten years.

42 USC § 1320d-5

 

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