HIPAA Glossary · Breach & enforcement

Willful neglect

Conscious, intentional failure or reckless indifference to HIPAA obligations.

Context

The culpability standard that separates the top two penalty tiers (willful neglect, corrected within 30 days; willful neglect, not corrected) from the bottom two (did-not-know; reasonable cause). Documentation is the artefact that argues culpability down tiers — an identified gap with an owner and a dated remediation plan is reasonable cause; the same gap undocumented reads as willful neglect.

Related terms

  • Civil money penalty — The formal penalty OCR imposes when a case does not settle, calculated under the four culpability tiers.
  • Enforcement Rule — The HIPAA regulation setting out investigation procedures and the civil money penalty structure, including culpability tiers.

Where this fits

This is one of 50+ terms in the HIPAA Glossary. For how HIPAA is structured end-to-end, see the Security Rule guide and the Privacy Rule guide.

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