News
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civil money penalty

Civil Money Penalty issued to Cignet Health of Prince George's County, MD: Corrective action / RA

Resolution Feb 2011

Penalty

Corrective action / RA

Action type

Civil money penalty

Entity profile

MD

Case number

—

What went wrong

Civil Money Penalty issued to Cignet Health of Prince George's County, MD - February 4, 2011

  • Navigate to: HIPAA for Professionals Regulatory Initiatives Privacy Summary of the Privacy Rule Guidance Combined Text of All Rules HIPAA Related Links Security Security Rule NPRM Summary of the Security Rule Security Guidance Cyber Security Guidance Breach Notification Breach Reporting Guidance Reports to Congress Regulation History Compliance & Enforcement Enforcement Rule Enforcement Process En

Full description

Navigate to: HIPAA for Professionals Regulatory Initiatives Privacy Summary of the Privacy Rule Guidance Combined Text of All Rules HIPAA Related Links Security Security Rule NPRM Summary of the Security Rule Security Guidance Cyber Security Guidance Breach Notification Breach Reporting Guidance Reports to Congress Regulation History Compliance & Enforcement Enforcement Rule Enforcement Process Enforcement Data Resolution Agreements Case Examples Audit Reports to Congress State Attorneys General Special Topics Parental Access Mental and Behavioral Health Change Healthcare Cybersecurity Incident FAQs HIPAA and COVID-19 HIPAA and Reproductive Health HIPAA and Final Rule Notice HIPAA and Telehealth HIPAA and FERPA Research Public Health Emergency Response Health Information Technology Health Apps Patient Safety Covered Entities & Business Associates Business Associate Contracts Business Associates Training & Resources FAQs for Professionals Other Administrative Simplification Rules Substance Use Disorder Confidentiality Civil Money Penalty Cignet Health Fined a $4.3M Civil Money Penalty for HIPAA Privacy Rule Violations The U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) has issued a Notice of Final Determination finding that a covered entity, Cignet Health of Prince George’s County, MD (Cignet), violated the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). HHS has imposed a civil money penalty (CMP) of $4.3 million for the violations, representing the first CMP issued by the Department for violations of the HIPAA Privacy Rule. The CMP is based on the violation categories and increased penalty amounts authorized by Section 13410(d) of the Health Information Technology for Economic and Clinical Health (HITECH) Act.“Today the message is loud and clear: HHS is serious about enforcing individual rights guaranteed by the HIPAA Privacy Rule and ensuring provider cooperation with our enforcement efforts,” said OCR Director Georgina Verdugo.In a Notice of Proposed Determination issued October 20, 2010 (NPD), OCR found that Cignet violated 41 patients’ rights by denying them access to their medical records. These patients, each of whom made a request to obtain their record between September 2008 and October 2009, individually filed complaints with OCR initiating investigations of each complaint. The HIPAA Privacy Rule requires that a covered entity provide a patient with a copy of their medical records within 30 (and no later than 60) days of the patient’s request. The CMP for these violations is $1.3 million. During the investigations, Cignet refused to respond to OCR’s repeated demands to produce the records. Additionally, Cignet failed to cooperate with OCR’s investigations of the complaints, including failure to produce the records in response to OCR’s subpoena. OCR filed a petition to enforce its subpoena in United States District Court and obtained default judgment against Cignet on March 30, 2010. On April 7, 2010, Cignet produced the medical records to OCR, but otherwise made no efforts to resolve the complaints through informal means. Covered entities are required under law to cooperate with the Department’s investigations. OCR found that Cignet’s failure to cooperate with OCR’s investigations was due to willful neglect. The CMP for these violations is $3 million.“Covered entities and business associates must uphold their responsibility to provide patients with access to their medical records, and seriously consider their compliance with all of HIPAA’s requirements,” said Director Verdugo. “The U.S. Department of Health and Human Services will continue to investigate and take action against those organizations that knowingly disregard their obligations under these rules.” Additional InformationRead the Notice of Final DeterminationRead the Notice of Proposed DeterminationRead the HHS Press Release Content last reviewed June 7, 2017

Timeline

  • ResolutionFeb 2011
  • Incident and investigation milestones are not consistently published by OCR in machine-readable form.

Key takeaways for your organization

  • Treat internet-facing systems and vendor-hosted environments as in-scope for HIPAA risk analysis and technical safeguards testing.
  • Maintain an actionable risk analysis tied to remediation milestones; evidence should map to Security Rule implementation specifications.
  • Align policies, procedures, and evidence with the specific CFR provisions cited in OCR resolutions affecting your entity type.
  • Run tabletop exercises for breach response, OCR inquiry handling, and privilege-preserving communications with counsel.

Related actions

Source

U.S. Department of Health and Human Services release

Source: U.S. Department of Health and Human Services, Office for Civil Rights. medcomply.ai aggregates public materials for educational use, not legal advice.