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roger_grimes
Columnist

HIPAA has no teeth

Analysis
Jun 05, 20062 mins
Data and Information SecuritySecurity

Even though over 19,420 HIPAA complaints/violations have been officially lodged since HIPAA went into effect, it has resulted in zero fines. http://www.msnbc.msn.com/id/13137354/ This is amazing, but unfortunately, not surprising. Other than two criminal prosecutions on specific individuals, there appears to be no penalties for organizations violating the HIPAA Act. Like the non-successfully prosecutions of SOX

Even though over 19,420 HIPAA complaints/violations have been officially lodged since HIPAA went into effect, it has resulted in zero fines.

https://www.msnbc.msn.com/id/13137354/

This is amazing, but unfortunately, not surprising. Other than two criminal prosecutions on specific individuals, there appears to be no penalties for organizations violating the HIPAA Act. Like the non-successfully prosecutions of SOX violators, it tells corporate America that it’s cheaper to not meet the guidelines.

If you add in the fact that only three companies were fined in 2004 for hiring illegal immigrants https://www.cnn.com/2006/US/05/10/dobbs.enforcement/index.html (even though they make up 12 million of our work force), it makes you wonder why we even bother going through with making our various “security” laws?

It’s as if Congress passes our financial, security, and privacy laws to make consumers happy, but then behind the scenes promise business that they really won’t prosecute violators…so everyone “wins”!

What is frustrating is that with non-enforcement of existing laws it is hard to place the blame on the correct agency. We can’t blame Congress since they actually passed the law (unless they under funded the compliance checking). We probably can’t blame the enforcers because they are just doing what they are told from their superiors above. So, who gets the blame? All of them?? Us, for putting up with it?

If I was the CIO at one our nation’s hospitals, I might actually decrease my HIPAA compliance budget this year. If it’s a law without any teeth, why waste the funds when there are so many other competing objectives?

roger_grimes
Columnist

Roger A. Grimes is a contributing editor. Roger holds more than 40 computer certifications and has authored ten books on computer security. He has been fighting malware and malicious hackers since 1987, beginning with disassembling early DOS viruses. He specializes in protecting host computers from hackers and malware, and consults to companies from the Fortune 100 to small businesses. A frequent industry speaker and educator, Roger currently works for KnowBe4 as the Data-Driven Defense Evangelist and is the author of Cryptography Apocalypse.

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