52:9YY-9 Penalties for unauthorized disclosures; liability of department.
9. a. A person or entity whom the department determines has violated the provisions of section 6 of P.L.2001, c.192 (C.52:9YY-6), regarding the disclosure of health data shall be subject, in addition to any other penalties that may be prescribed by law, to: a civil penalty of not more than $10,000 for each such violation, but not to exceed $50,000 in the aggregate for multiple violations; or a civil penalty of not more than $250,000, if the department finds that these violations have occurred with such frequency as to constitute a general business practice.
The penalty shall be sued for and collected in the name of the department in a summary proceeding in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
b.The department or an entity acting on its behalf shall be liable to a person or entity injured by the intentional or negligent violation of the provisions of section 6 of P.L.2001, c.192 (C.52:9YY-6), in an amount equal to the damages sustained by the person or entity, together with the cost of the action and reasonable attorney's fees, as determined by the court.
L.2001, c.192, s.9; amended 2010, c.87, s.17.
Section: Previous 52-9yy-1 52-9yy-2 52-9yy-3 52-9yy-5 52-9yy-6 52-9yy-7 52-9yy-8 52-9yy-9 52-9z-1 52-9z-2 52-9z-3 52-9z-4 52-9z-5 52-10a-1 52-10a-2 Next
Last modified: October 11, 2016