Who has the authority to impose financial penalties for noncompliance with HIPAA regulations?

The authority to impose financial penalties for noncompliance with HIPAA regulations lies with the Office for Civil Rights (OCR) within the Department of Health and Human Services (HHS) and state Attorneys General. The OCR is responsible for enforcing the HIPAA Privacy and Security Rules and can issue fines for violations. Additionally, state Attorneys General have the authority to file civil actions on behalf of their residents for violations of HIPAA, which expands the enforcement reach beyond just federal oversight.

In contrast, while the Secretary of HHS oversees the HIPAA enforcement process, they do not independently impose penalties. Insurance companies do not have the authority to levy fines for HIPAA noncompliance; instead, they are subject to HIPAA themselves and must comply with its provisions. Federal courts primarily handle legal disputes and can adjudicate cases involving HIPAA violations, but the primary enforcement mechanism through financial penalties originates from the OCR and state Attorneys General.