C.F.R. » Title 45 » SUBCHAPTER C—ADMINISTRATIVE DATA STANDARDS AND RELATED REQUIREMENTS › PART 160—GENERAL ADMINISTRATIVE REQUIREMENTS › Subpart D—Imposition of Civil Money Penalties

45 C.F.R. § 160.402

Basis for a civil money penalty

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(a) General rule. Subject to § 160.410, the Secretary will impose a civil money penalty upon a covered entity or business associate if the Secretary determines that the covered entity or business associate has violated an administrative simplification provision.

(b) Violation by more than one covered entity or business associate. (1) Except as provided in paragraph (b)(2) of this section, if the Secretary determines that more than one covered entity or business associate was responsible for a violation, the Secretary will impose a civil money penalty against each such covered entity or business associate.

(2) A covered entity that is a member of an affiliated covered entity, in accordance with § 164.105(b) of this subchapter, is jointly and severally liable for a civil money penalty for a violation of part 164 of this subchapter based on an act or omission of the affiliated covered entity, unless it is established that another member of the affiliated covered entity was responsible for the violation.

(c) Violation attributed to a covered entity or business associate. (1) A covered entity is liable, in accordance with the Federal common law of agency, for a civil money penalty for a violation based on the act or omission of any agent of the covered entity, including a workforce member or business associate, acting within the scope of the agency.

(2) A business associate is liable, in accordance with the Federal common law of agency, for a civil money penalty for a violation based on the act or omission of any agent of the business associate, including a workforce member or subcontractor, acting within the scope of the agency.

[78 FR 5691, Jan. 25, 2013]
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2008–2024 · leading case: Billy Overstreet v. TRW Com. Steering Div., 256 S.W.3d 626 (Tenn. 2008).
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Billy Overstreet v. TRW Com. Steering Div., 256 S.W.3d 626 (Tenn. 2008). · cites it 2× “45 CFR § 160.402 . Nothing in HIPAA suggests there is a federal “fiduciary duty of non- disclosure” or federal “privilege against non-disclosure.”
Ciox Health, LLC v. Hargan (D.D.C. 2020). “See 45 C.F.R. § 160.402 (c)(1) (“A covered entity is liable .”
Crosby v. OneTouchPoint Inc (E.D. Wis. 2024). “2015); see also 45 C.F.R. § 160.402 . OneTouchPoint cites several cases from other districts dismissing similar claims, (ECF No.”
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