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SESK: Stuff Everyone Should Know · sesk.info/hipaa-willful-neglect-penalty

What is the highest civil penalty tier for HIPAA violations?

Willful neglect that is not corrected within 30 days.

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  1. Willful neglect not corrected within 30 days ✔
  2. A violation the entity did not know about
  3. A violation due to reasonable cause

Why: The four civil penalty tiers rise with blame. The top tier is willful neglect that is not fixed within 30 days of when the organization knew, or should have known, about the violation.

Huh, didn't know that: Willful neglect means a conscious, intentional failure or reckless indifference to the duty to comply.

The dad joke
Why was the top penalty tier so grumpy? Nobody fixed the problem for 30 days.
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References

Answer: Willful neglect not corrected within 30 days. The four civil penalty tiers rise with blame. The top tier is willful neglect that is not fixed within 30 days of when the organization knew, or should have known, about the violation.

  1. 45 CFR 160.404 (eCFR) www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-160/subpart-D/section-160.404
    the violation was due to willful neglect and was not corrected during the 30-day period
    Checked 2026-10-10.
  2. 45 CFR 160.401 (eCFR) www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-160/subpart-D/section-160.401
    Willful neglect means conscious, intentional failure or reckless indifference to the obligation to comply
    Checked 2026-10-10.

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