by Failed Messiah blog
June 5, 2011
When Ohel under David Mandel's leadership made Elliot Pasik – an attorney, not a medical professional – a 'consultant,' showed (an incomplete) patient file and asked him to write an evaluation of Ohel's handling of the case, did Ohel violate the law? And, if it did, what would the penalty be for Mandel?Here's what could happen to Ohel's CEO, David Mandel:
Q. What are penalties for violations of HIPAA?
A. The government may impose civil and criminal penalties of as much as $50,000 and/or imprisonment for as long as one year. If the offense is one of disclosure under false pretenses, the fine is a maximum of $100,000 and/or imprisonment for as long as five years. If the offense is committed with the intent to sell, transfer or use protected health information for commercial advantage, personal gain or malicious harm, the fine is a maximum of $250,000 and/or imprisonment for as long as 10 years. These penalties apply to those entities covered by HIPAA, not to journalists.
As for Pasik, who is inexplicably still the president of the Jewish Board of Advocates for Children, even if he committed no crime (which is an open question), he could be reprimanded by the Bar or even disbarred for what he did.