HIPAA Enforcement and Penalties 3

Question 1

Under the HITECH Act, what percentage of collected HIPAA civil monetary penalties must be used for affected individuals?

Accepted Answer

A percentage determined by the HHS Secretary

Answer

The HITECH Act authorizes HHS to distribute a percentage of CMPs to harmed individuals, with the exact percentage determined by the HHS Secretary.

Question 2

Which of the following is NOT a factor OCR considers when determining the amount of a civil monetary penalty?

Accepted Answer

The political affiliation of the covered entity's leadership

Answer

OCR considers factors such as harm, number of individuals affected, and financial condition, but political affiliation is not a relevant factor.

Question 3

A hospital employee snoops through a celebrity patient's records out of curiosity and shares them with friends. Which criminal tier most likely applies?

Accepted Answer

Tier 2: up to 5 years in prison

Answer

Knowingly obtaining or disclosing PHI under false pretenses (beyond simple curiosity, for personal benefit/sharing) typically falls under Tier 2, carrying up to 5 years imprisonment.

Question 4

The statute of limitations for OCR to impose a civil monetary penalty for a HIPAA violation is:

Accepted Answer

6 years from the date of the violation

Answer

OCR must impose civil monetary penalties within 6 years of the date the violation occurred.

Question 5

Which scenario would most likely result in OCR finding 'willful neglect — not corrected'?

Accepted Answer

A practice repeatedly ignores OCR compliance recommendations over two years and makes no changes

Answer

Willful neglect uncorrected means the entity consciously and intentionally failed to comply without timely correction, making repeated inaction despite warnings the clearest example.

HIPAA - Health Insurance Portability and Accountability Act Practice Test

HIPAA - Health Insurance Portability and Accountability Act Practice Test

HIPAA Enforcement and Penalties 3