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if someone accessed someones chart, but did not disclose any

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if someone accessed someones...
if someone accessed someones chart, but did not disclose any information to any one, and was caught what can the penalty be?
Submitted: 4 years ago.Category: Criminal Law
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5/25/2013
Criminal Lawyer: TexCrimLawyer, J.D., Lawyer replied 4 years ago
TexCrimLawyer, J.D.
Category: Criminal Law
Satisfied Customers: 4,829
Experience: Experienced in state and federal criminal litigation.
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TexLawyer :

Good evening. I'll be assisting you with your question.

TexLawyer :

Could you explain the circumstances of how and why the HIPAA information was accessed.

JACUSTOMER-zh9qm15m- :

I worked for a lab and accessed my ex son inlaw's chart, someehown he found out and has filed a complaint and threatening law suit, needless to say I lost my job

TexLawyer :

OK. Did you do anything with the information after that, or did you just look at it?

JACUSTOMER-zh9qm15m- :

I just loked at it nothing was conveyed to any one

TexLawyer :

Under the HIPAA tier system, you could be fined up to $50,000.

TexLawyer :

Keep in mind that HHS brings HIPAA violations of this nature.

JACUSTOMER-zh9qm15m- :

tier system what /is that and is it likely

TexLawyer :

So, since your violation was apparently willful, you would fall in the last tier. However, since you only accessed the information of one person, the violation was only for a very short period of time and limited in scope. As such, it would be unlikely that HHS would pursue this and, even if they did, the fine would be low.

TexLawyer :

Do you have any questions?

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TexCrimLawyer, J.D.
TexCrimLawyer, J.D.
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