PENALTIES FOR CONFIDENTIALITY & RECORDS VIOLATIONS
1999 Act 79 (published 5/5/00) made the
following changes in confidentiality laws:
|
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 |
|
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 |
|
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 |
|
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 |
|
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: November 16, 2004 |
