Final answer:
HIPAA allows State Attorneys General to recover monetary penalties for violations, with the authority to file actions in federal court provided by the HITECH Act.
Step-by-step explanation:
The Health Insurance Portability and Accountability Act (HIPAA), enacted in 1996, primarily focuses on the protection of patient health information. One aspect of HIPAA is the enforcement provision that allows State Attorneys General to file actions in federal court to recover monetary penalties for HIPAA violations on behalf of state residents. This provision was included in the Health Information Technology for Economic and Clinical Health (HITECH) Act, part of the American Recovery and Reinvestment Act of 2009. It effectively expanded the enforcement authority from the U.S. Department of Health and Human Services (HHS) to include State Attorneys General.
Before these legal actions can be filed, several steps must be taken, including providing notice to the HHS and the possibility of the HHS undertaking the action themselves. The penalties that can be recovered can be substantial, helping to deter entities from violating the strict confidentiality requirements established by HIPAA for patient records.