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PENALTIES FOR CONFIDENTIALITY & RECORDS VIOLATIONS
1999 Act 79 (published 5/5/00) made the following changes in confidentiality laws:
| Disclosing confidential info: |
Old civil penalties |
New civil penalties |
| Negligently: Damages + |
Exemplary damages not less than $200 |
Exemplary damages up to $1,000 for each violation |
| Knowingly and willfully: Damages + |
Exemplary damages not less than $1,000 |
Exemplary damages up to $25,000 for each violation |
| Disclosing confidential info: |
Old criminal penalties |
New criminal penalties |
| Negligently |
(not criminal – only civil) |
Fine up to $1,000 |
| Knowing it is unlawful |
Fine up to $1,000 & 6 months in prison |
Fine up to $25,000 & 9 months in prison |
| For pecuniary gain |
Fine up to $1,000 & 6 months in prison |
Fine up to $100,000 & up to 3 ½ years in prison |
| Records: |
Old criminal penalties |
New criminal penalties |
Obtaining records falsely; or
falsifying, destroying, or concealing records |
Fine up to $1,000 and 6 months in prison |
Fine up to $25,000 & 9 months in prison |
| Disclosing HIV Status: |
Old civil damages |
New civil damages |
| Unintentionally: Damages + |
Exemplary damages up to $1,000 |
Exemplary damages up to $1,000 + attorney fees |
| Intentionally: Damages + |
Exemplary damages up to $5,000 |
Exemplary damages up to $25,000 + attorney fees |
| Disclosing HIV Status: |
Old criminal penalties |
New criminal penalties |
| Negligently: |
(not criminal – only civil) |
Fine up to $1,000 |
| Negligently: with resulting harm to the individual |
Fine up to $10,000 & up to 9 months in prison |
Fine up to $25,000 & up to 9 months in prison |
| Intentionally: For pecuniary gain |
Fine up to $10,000 & up to 9 months in prison |
Fine up to $100,000 & up to 3½ years in prison |
Note: Employees may also be discharged or suspended without pay for violations. Employees acting "outside of the scope of their employment" may find
themselves having to hire their own defense attorneys.
Last Updated: December 22, 2011
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