HIPAA Enforcement and Penalties 4

Question 1

An OCR investigation begins with a complaint. After reviewing the complaint, what is OCR's first enforcement step?

Accepted Answer

Conducting a desk or on-site investigation

Answer

After receiving a complaint, OCR typically conducts an investigation (desk review or on-site) to determine whether a violation occurred before taking any enforcement action.

Question 2

Which outcome is possible when OCR finds a covered entity in violation but the violation is not due to willful neglect and has been corrected?

Accepted Answer

OCR has discretion to waive civil monetary penalties

Answer

For violations not constituting willful neglect that have been corrected, OCR has discretion to waive civil monetary penalties.

Question 3

Which of the following actions can a state attorney general take under HIPAA enforcement authority granted by HITECH?

Accepted Answer

Bring a civil action in federal district court on behalf of residents

Answer

State AGs may bring civil actions in federal district court to enjoin violations and obtain damages on behalf of state residents.

Question 4

A covered entity self-discloses a potential HIPAA violation to OCR through the Voluntary Disclosure Protocol. What is a likely benefit of self-disclosure?

Accepted Answer

Potential for reduced penalties and faster resolution

Answer

Self-disclosure through OCR's protocol can result in reduced penalties and a more efficient resolution, though it does not guarantee complete immunity.

Question 5

Under HIPAA, can a covered entity face BOTH civil monetary penalties AND criminal prosecution for the same violation?

Accepted Answer

Yes — civil and criminal penalties are distinct and can both apply

Answer

Civil and criminal enforcement are separate tracks under HIPAA, and a covered entity or individual may face both simultaneously for the same conduct.

HIPAA - Health Insurance Portability and Accountability Act Practice Test

HIPAA - Health Insurance Portability and Accountability Act Practice Test

HIPAA Enforcement and Penalties 4