Section 181.205 - Mitigation(a) In an action or proceeding to impose an administrative penalty or assess a civil penalty for actions related to the disclosure of individually identifiable health information, a covered entity may introduce, as mitigating evidence, evidence of the entity's good faith efforts to comply with: (1) state law related to the privacy of individually identifiable health information; or(2) the Health Insurance Portability and Accountability Act and Privacy Standards.(b) In determining the amount of a penalty imposed under other law in accordance with Section 181.202, a court or state agency shall consider the following factors: (1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the disclosure;(2) the covered entity's compliance history;(3) whether the violation poses a significant risk of financial, reputational, or other harm to an individual whose protected health information is involved in the violation;(4) whether the covered entity was certified at the time of the violation as described by Section 182.108;(5) the amount necessary to deter a future violation; and(6) the covered entity's efforts to correct the violation.(c) On receipt of evidence under Subsections (a) and (b), a court or state agency shall consider the evidence and mitigate imposition of an administrative penalty or assessment of a civil penalty accordingly.Tex. Health and Safety Code § 181.205
Amended By Acts 2011, 82nd Leg., R.S., Ch. 1126, Sec. 10, eff. 9/1/2012.Added by Acts 2003, 78th Leg., ch. 924, Sec. 7, eff. 9/1/2003.