HIPAA Enforcement and Penalties 5

Question 1

A covered entity receives an OCR notice of proposed determination imposing a civil monetary penalty. The entity disagrees. What is its next step?

Accepted Answer

Request a hearing before an Administrative Law Judge (ALJ)

Answer

A covered entity that contests an OCR civil monetary penalty may request a hearing before an HHS Administrative Law Judge within 90 days.

Question 2

Which of the following best describes the difference between a 'resolution agreement' and a 'civil monetary penalty' in HIPAA enforcement?

Accepted Answer

Resolution agreements are voluntary settlements; CMPs are formally imposed penalties

Answer

Resolution agreements are negotiated, voluntary settlements between OCR and the covered entity, while civil monetary penalties are formally imposed through an administrative enforcement process.

Question 3

After an ALJ decision in a HIPAA civil penalty case, what further appeal options exist?

Accepted Answer

Appeal to the HHS Departmental Appeals Board, then federal court

Answer

After an ALJ decision, either party may appeal to the HHS Departmental Appeals Board, and the final agency decision is then subject to review in federal court.

Question 4

A covered entity corrects a HIPAA violation within 30 days of OCR notification. Under which penalty tier does this correction provision NOT eliminate liability?

Accepted Answer

Tier 4 — willful neglect, not corrected

Answer

The 30-day correction window provides an affirmative defense for Tiers 1–3, but Tier 4 (willful neglect, not corrected) carries mandatory penalties that cannot be avoided by late correction.

Question 5

Which of the following HIPAA violations would OCR most likely treat as a priority for investigation?

Accepted Answer

A systematic failure to provide patients with Notice of Privacy Practices affecting thousands

Answer

OCR prioritizes investigations involving systemic failures, large numbers of individuals, or patterns of non-compliance over isolated, low-impact incidents.

HIPAA - Health Insurance Portability and Accountability Act Practice Test

HIPAA - Health Insurance Portability and Accountability Act Practice Test

HIPAA Enforcement and Penalties 5