Thought Leadership

On April 12, the American Health Law Association (AHLA) updated its Health Information Technology Enforcement Summary Tables, a resource designed to assist providers and industry stakeholders in obtaining practical information about enforcement actions imposed on covered entities and business associates with respect to the Health Insurance Portability and Accountability Act (HIPAA) and Section 5 of the Federal Trade Commission (FTC) Act. Presently, the tool kit consists of the following four enforcement tables:

• OCR Enforcement Table
• FTC Enforcement Table
• State AG Enforcement Table
• Criminal Prosecutions Table

Each table provides information about an individual violation, claim or case and discusses the disposition of such violation, claim or case. AHLA originally published the OCR and FTC enforcement tables in 2017, with information spanning from 2008 until present. Day Pitney associate Maya Frazier served as lead contributor to the two new tables: State AG Enforcement and Criminal Prosecutions. These additional tables offer industry stakeholders invaluable information about HIPAA criminal enforcement actions, an area that typically does not garner as much attention as OCR enforcement actions but that covered entities and business associates should be aware of nonetheless. The Criminal Prosecutions Table highlights a trend in increased criminal prosecutions related to HIPAA violations and demonstrates that violating HIPAA can not only be costly for a covered entity or business associate, but it could also lead to significant prison sentences.

The Day Pitney Healthcare, Life Sciences and Technology attorneys are able to provide counsel to clients in the event of a HIPAA or FTC Act violation or claim.

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