This would be covered by the general HIPAA civil penalties provision, $100/violation to $25K annual max per "type of violation," on a no-fault basis, presumably enforced via the OCR in a non-adversarial "we're here to help" fashion. However, I was recently persuaded that it would also be possible to bring criminal charges for knowing disclosure of PHI in a regulated transaction without using the required codes and/or format. I would hope that would not be a case any prosecutor would want to bring but I think it is logically possible and therefore a matter of prosecutorial discretion. As my sainted Irish mother used to say, oy vay.
John R. Christiansen Preston | Gates | Ellis LLP PLEASE NOTE OUR NEW ADDRESS AND PHONE NUMBERS EFFECTIVE TUESDAY, JANUARY 21: 925 Fourth Avenue, Suite 2900 Seattle, Washington 98104 *Direct: 206.370.8118 *Cell: 206.683.9125 * [EMAIL PROTECTED] Notice: Internet e-mail is inherently insecure. Unencrypted e-mail may be accessible to unauthorized viewers, content may be modified or corrupted, and headers or signatures may incorrectly identify the sender. If you wish to confirm this message or the identity of the sender, please contact me using a communications channel other than a "reply" to this e-mail. Secure electronic messaging is available and recommended for confidential or sensitive communications. -----Original Message----- From: Sherry Lynn Burke [mailto:[EMAIL PROTECTED]] Sent: Thursday, January 30, 2003 4:58 AM To: WEDI SNIP Privacy Workgroup List Subject: RE: HIPAA EDI I am trying to locate penalties for failure to comply with the EDI standards but am not having any luck. 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