HITECH Act
Subtitle D Part 2 and enforcement: relationship to other laws, effective date, reports – HITECH Act

HITECH Act 13410d: Section 13410(d): four tiers of civil money penalties by culpability, with annual caps

Section 1176(a) of the Social Security Act is amended to set penalties by culpability: did not know and by reasonable diligence would not have known, at least $100 per violation; reasonable cause and not willful neglect, at least $1,000; willful neglect corrected within 30 days, at least $10,000; willful neglect not corrected, at least $50,000; each tier up to $50,000 per violation, with calendar-year caps for violations of an identical requirement of $25,000, $100,000, $250,000 and $1,500,000 respectively, amounts since adjusted for inflation; the Secretary bases the amount on the nature and extent of the violation and of the harm, OCR may still use corrective action without penalty for unknowing violations, and the tiers apply to violations after enactment.

Maintained by Gerard BlokdykControl text last updated

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