(a)
- (1) After an opportunity for a fair hearing conducted under the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., a provider found to have administered an immunization to a person under twenty-two (22) years of age without fulfilling the requirements of 20 CAR § 100-103(b)(3) and (4) and 20 CAR § 100-103(c) shall be fined twenty-five dollars ($25.00).
- (2) See 20 CAR § 100-103(c)(5).
(b) Any wrongful disclosure of individually identifiable health information may:
- (1) Be considered a violation of the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 1320d-6; and
(2) Result in:
- (A) Fines administered by the Office for Civil Rights of the United States Department of Health and Human Services of up to two hundred fifty thousand dollars ($250,000);
- (B) Imprisonment of not more than ten (10) years; or
- (C) Both.
(c) Wrongful disclosures may also result in:
- (1) State criminal sanctions of fines up to five hundred dollars ($500);
- (2) Imprisonment not exceeding one (1) month; or
- (3) Both.
- (d) After an opportunity for a fair hearing conducted under the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., civil penalties may be administered by the State Board of Health of fines up to one thousand dollars ($1,000) per violation.