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Summary:

(1) Any person who negligently discloses the content of any confidential health record to a third party without written authorization or as otherwise authorized by law shall be subject to a civil penalty of $5,000. (2) Any person who willfully or maliciously discloses the confidential health record shall be subject to a civil penalty of not less than $5,000 and not more than $25,000. (3) If the disclosure results in economic, bodily, or psychological harm to the person, the discloser is guilty of a misdemeanor, and subject to imprisonment of up to one year or a fine not to exceed $25,000. (4) The discloser will also be liable to the person whose record was disclosed for all the actual damages that are a proximate result of the act. (5) Each violation is a separate and actionable offense. All fines and damages are payable to the person whose records was disclosed.

Summary:

If a clinic, health facility, home health agency, or hospice fails to report any unlawful or unauthorized access to, use or disclosure of a patient's medical information to the Department of Public Health or to the affected patient, the department may assess the licensee a penalty in the amount of one hundred dollars ($100) for each day that the unlawful or unauthorized access is not reported, following the initial five-day period. The total combined penalty assessed by the department shall not exceed two hundred fifty thousand dollars ($250,000) per reported event.

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