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

HITECH Act 13410e: Section 13410(e): state attorneys general may sue for HIPAA violations affecting their residents

The attorney general of a state may bring a civil action in federal district court on behalf of residents whose interests are threatened or adversely affected by a HIPAA violation, to enjoin the violation and to obtain statutory damages of up to $100 per violation capped at $25,000 per calendar year for violations of an identical requirement, with the court able to award costs and attorney fees; the state gives the Secretary prior notice and the Secretary may intervene, a state may not sue while a federal action on the same violation is pending, and the civil money penalty limitation period applies.

Maintained by Gerard BlokdykControl text last updated

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