Interesting ...

HIPAA has no teeth

Even though over 19,420 HIPAA complaints/violations have been
officially lodged since HIPAA went into effect, it has resulted in
zero fines.

http://www.washingtonpost.com/wp-dyn/content/article/2006/06/04/AR2006060400672.html

This is amazing, but unfortunately, not surprising. Other than two
criminal prosecutions on specific individuals, there appears to be no
penalties for organizations violating the HIPPA Act. Like the
non-successfully prosecutions of SOX violators, it tells corporate
America that it's cheaper to not meet the guidelines.

If you add in the fact that only three companies were fined in 2004
for hiring illegal immigrants
http://www.cnn.com/2006/US/05/10/dobbs.enforcement/index.html (even
though they make up 12 million of our work force), it makes you wonder
why we even bother going through with making our various "security"
laws?

It's as if Congress passes our financial, security, and privacy laws
to make consumers happy, but then behind the scenes promise business
that they really won't prosecute violators...so everyone "wins"!

What is frustrating is that with non-enforcement of existing laws it
is hard to place the blame on the correct agency. We can't blame
Congress since they actually passed the law (unless they under funded
the compliance checking). We probably can't blame the enforcers
because they are just doing what they are told from their superiors
above. So, who gets the blame? All of them?? Us, for putting up with
it?

If I was the CIO at one our nation's hospitals, I might actually
decrease my HIPAA compliance budget this year. If it's a law without
any teeth, why waste the funds when there are so many other competing
objectives?
Posted by Roger Grimes on June 5, 2006 05:33 AM

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