Last reviewed October 2026

What are the penalties for a HIPAA privacy violation?

Short answer: Civil penalties from HHS are tiered by culpability, from $145 per violation at the lowest tier up to $2,190,294 per violation for uncorrected willful neglect under the current inflation table, with a calendar-year cap of $2,190,294 for identical violations. Knowingly misusing health information is also a federal crime.

HHS’s current inflation-adjusted table (the 2025 adjustment in 45 CFR 102.3) sets these per-violation ranges:

  • did not know, and with reasonable diligence would not have known: $145 to $73,011;
  • reasonable cause, not willful neglect: $1,461 to $73,011;
  • willful neglect, corrected within 30 days: $14,602 to $73,011;
  • willful neglect, not corrected: $73,011 to $2,190,294;

with a calendar-year cap of $2,190,294 for identical violations. Many investigations end with a corrective action plan rather than a penalty.

Criminal penalties apply to knowingly obtaining or disclosing individually identifiable health information in violation of HIPAA: up to $50,000 and 1 year in prison; up to $100,000 and 5 years under false pretenses; and up to $250,000 and 10 years with intent to sell or use it for commercial advantage, personal gain or malicious harm.

Texas adds its own penalties under state privacy and breach laws.

Sources

Topic: HIPAA