Lisa is a new nurse at a hospital. She has not yet received her HIPAA training and orientation paperwork because the person who provides the training is out on vacation.While Lisa was helping out at the hospital, she accidentally released PHI to someone over the phone, when she should not have done so. However, she did not know any better since she never received the HIPAA training.Based on this scenario, which penalty is most appropriate for Lisa?

Lisa accidentally disclosed protected health information and did not know that her action was improper. Criminal penalties generally require a person to knowingly obtain or disclose protected health information in violation of HIPAA, so they are not the best fit for these facts. Civil money penalties are the more appropriate category for a violation that was not knowingly committed, although HIPAA penalties are generally assessed against the covered entity rather than an individual employee.

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