HIPAA - Health Insurance Portability and Accountability Act HIPAA Enforcement and Penalties Questions and Answers

Question 1

The HHS Office for Civil Rights (OCR) determines that a covered entity's violation was due to 'willful neglect,' but the entity corrected the violation within 30 days of discovery.
Into which tier of Civil Monetary Penalties does this violation fall?

Accepted Answer

Tier 3: Willful Neglect - Corrected

Answer

Tier 1: No Knowledge

Answer

Tier 2: Reasonable Cause

Answer

Tier 4: Willful Neglect - Not Corrected

Question 2

A hospital employee knowingly accesses the medical records of a celebrity patient out of curiosity and then sells the information to a media outlet. Which federal agency is most likely to lead the prosecution for this criminal act?

Accepted Answer

The Department of Justice (DOJ)

Answer

The Federal Trade Commission (FTC)

Answer

The HHS Office for Civil Rights (OCR)

Answer

The Centers for Medicare & Medicaid Services (CMS)

Question 3

A clinic is notified by the HHS Office for Civil Rights (OCR) of a potential HIPAA violation. The investigation reveals the violation was due to reasonable cause and not willful neglect. The clinic immediately takes corrective action. Which of the following is an affirmative defense that could prevent OCR from imposing a civil monetary penalty?

Accepted Answer

The violation was corrected within 30 days of when the clinic knew or should have known about it.

Answer

The violation was a first-time offense for the clinic.

Answer

The financial cost of the penalty would be excessive for the clinic.

Answer

The clinic has a history of excellent patient care.

Question 4

A large health system ignores repeated warnings from its IT department about unpatched servers containing ePHI. A subsequent cyberattack exploits this known vulnerability, resulting in a major breach. OCR investigates and determines the health system demonstrated a 'conscious, intentional failure or reckless indifference' to its HIPAA obligations and did not remedy the issue. This conduct would be classified as:

Accepted Answer

Willful Neglect

Answer

Reasonable Cause

Answer

Unknowing Violation

Answer

Corporate Malfeasance

Question 5

Which of the following entities is primarily responsible for the enforcement of the HIPAA Privacy and Security Rules, including investigating complaints and conducting compliance reviews?

Accepted Answer

The HHS Office for Civil Rights (OCR)

Answer

State Attorneys General

Answer

The Department of Justice (DOJ)

Answer

The Federal Bureau of Investigation (FBI)

Question 6

Under HIPAA's criminal penalty structure, what is the most severe penalty for an individual who knowingly obtains and uses PHI for commercial advantage or personal gain?

Accepted Answer

Up to $250,000 and 10 years in prison

Answer

Up to $50,000 and 1 year in prison

Answer

Up to $100,000 and 5 years in prison

Answer

A civil monetary penalty of over $1.5 million