Intentional breaches of Protected Health Information (PHI) security are treated very seriously under HIPAA and the most serious consequence for such a violation can be criminal charges, which are divided into tiers based on the intent of the individual:
If a person knowingly obtained or disclosed PHI, they could face a fine up to $50,000 and up to one year in prison.
If the offense was committed under false pretenses, the penalties increase to a $100,000 fine and up to five years in prison.
In the most serious cases, where the offense was committed with the intent to sell, transfer, or use PHI for commercial advantage, personal gain, or with malicious intent, the penalties can be up to a $250,000 fine and up to ten years in prison.
Apart from these statutory penalties, individuals found guilty of intentional violations can also face civil lawsuits from affected patients. These lawsuits could result in additional financial penalties and can also damage the reputation and career of the guilty individual. The individual may also lose their professional license or certification, depending on their role and the regulations of their professional licensing board.