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Confidentiality is threatened not only by the risk of improper access to electronically stored information, but also by the risk of interception or compromise during electronic transmission of the information. Electronic transmissions include transactions using all media, even when the information is physically moved from one location to another using magnetic tape, disk, CD, DVD, flash memory or other electronic storage media. Transmissions over the Internet, leased lines, dial-up lines, and private networks are all included.
Section 1177 of the Act establishes penalties for a knowing misuse of unique health identifiers and individually identifiable health information: (1) A fine of not more than $50,000 and/or imprisonment of not more than 1 year; (2) if misuse is "under false pretenses," a fine of not more than $100,000 and/or imprisonment of not more than 5 years; and (3) if misuse is with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, a fine of not more than $250,000 and/or imprisonment of not more than 10 years. Note that these penalties do not affect any other penalties which may be imposed by other Federal programs, including ERISA, or any state penalties or civil liabilities. ppn provides every Federal agency, state agency and public and private healthcare office, clinic, care center, hospital, organization and individual with the capability to securely, in encrypted format, transfer and share protected healthcare information between authorized parties in full compliance with the HIPAA and other Federal, state and local privacy requirements. |
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