I see a lot of HIPAAphobia in the nursing realm. I have read several stories about nurses terrified of being fined or being exposed to criminal penalties for HIPAA violations. I have read in nursing text and literature about HIPAA violations and consequences. I am, however, skeptical of the idea that a run-of-the-mill staff nurse can be charged with a HIPAA/HITECH violation. To be clear, a nurse can certainly be punished by the BON, fired, and subject to civil suit under state law (or even criminal law depending on the state and the circumstances). I am, however, hard-pressed to find any justification for Uncle Sam punishing a nurse under HIPAA/HITECH. The way I see it, HIPAA/HITECH cannot be used to enforce penalties against an individual staff nurse. Can anyone prove me wrong?