The difference a good faith attempt at HIPAA compliance can make following a data breach is significant. In January 2021, President Trump signed an amendment to the HITECH Act which gives HHS’ Office for Civil Rights enforcement discretion when calculating a civil monetary penalty following a data breach. Although the amendment doesn’t provide immunity from HIPAA penalties, HHS’ Office for Civil Rights has the authority to refrain from enforcing a penalty if there has been a good faith attempt to comply with HIPAA in the twelve months previous to a data breach.