Can a HIPAA Officer of a hospital be charged with penalties and/or prison for an HIPAA violation he previously alerted the hospital of not being compliant?

HIPAA does provide for the possibility of fines and/or imprisonment for a person who knowingly:

- uses a unique health identifier, or causes one to be used;
- obtains individually identifiable health information relating to an individual; or
- discloses individually identifiable health information to another person;

The penalties are harshest if the information is obtained under false pretenses, or is used for personal financial gain or malicious harm. Fines can also be placed on any person who violates a HIPAA provision. Based on what you're saying this individual is not realeasing any personal health information himself, so I don't see any risk of this person being charged.

For reference see: Penalties for HIPAA Violations