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HITECH Act and Technology Requirements Flashcards

7 cards from real HIPAA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 HITECH Act and Technology Requirements flashcards as text

  1. Under the HITECH Act, what is the minimum penalty per violation for 'willful neglect' that is not corrected within 30 days?

    Answer: $50,000

    Willful neglect not corrected within 30 days carries a minimum penalty of $50,000 per violation under HITECH's tiered penalty structure.

  2. Which HITECH Act provision requires covered entities to provide patients with an electronic copy of their PHI upon request?

    Answer: Right of Access provision

    HITECH's Right of Access provision requires covered entities using EHRs to provide patients with electronic copies of their PHI when requested.

  3. What does the HITECH Act require regarding accounting of disclosures for covered entities using EHR systems?

    Answer: Accounting must include treatment, payment, and operations disclosures

    HITECH expanded accounting of disclosures requirements to include treatment, payment, and operations disclosures for covered entities using EHR systems.

  4. Under HITECH, which entity type became directly liable for HIPAA compliance even without a business associate agreement in place?

    Answer: Subcontractors of business associates

    HITECH made subcontractors of business associates directly liable for HIPAA compliance, extending the compliance chain beyond direct business associates.

  5. What is the maximum annual cap for violations of an identical provision under HITECH's penalty structure?

    Answer: $1,500,000

    HITECH caps annual penalties for violations of an identical provision at $1,500,000 per calendar year regardless of the tier.

  6. Which HITECH provision restricts covered entities from selling electronic PHI for marketing without patient authorization?

    Answer: Restrictions on sale of PHI

    HITECH's restrictions on sale of PHI prohibit covered entities from receiving remuneration in exchange for PHI without patient authorization.

  7. Under the HITECH Act, within how many days must a business associate notify a covered entity of a breach discovery?

    Answer: 60 days

    Business associates must notify covered entities of a discovered breach within 60 days of discovery under HITECH's breach notification requirements.