HIPAA Violation
What is a HIPAA Violation?
A HIPAA violation refers to any failure to comply with the standards and regulations set forth by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). These violations may involve the improper use, access, or disclosure of Protected Health Information (PHI) and can occur due to negligence, willful misconduct, or lack of appropriate safeguards.
HIPAA violations are taken very seriously by the US Department of Health and Human Services (HHS) and are enforced by the Office for Civil Rights (OCR). Violations can result in substantial HIPAA breach penalties, including civil fines, criminal charges, and reputational damage.
What are some examples of HIPAA Violations?
- Sharing Protected Health Information (PHI) without patient or legal authorization.
- Using unsecured systems instead of HIPAA-compliant email for transmitting patient records.
- Failing to report a breach within the required time.
- Inadequate or nonexistent HIPAA compliance training for employees.
- Unauthorized access or snooping into patient files.
If the OCR finds evidence of non-compliance, it may impose severe HIPAA breach penalties, including civil fines.
What to Do If a Violation Occurs
If you discover a HIPAA violation in your clinic or healthcare organization, the first course of action is to conduct an immediate internal investigation. Document all findings and perform a breach risk assessment. If breaches affect over 500 individuals, then it must be reported to the HHS immediately. All affected individuals must be notified via email or physical mail.
Furthermore, healthcare organizations must implement corrective actions, including retraining staff and upgrading systems. Failing to act transparently and promptly will only increase the likelihood of facing higher HIPAA breach penalties.
Preventing violations starts with a proactive compliance strategy. This includes enforcing access controls, using HIPAA compliant email, and delivering regular, role-specific HIPAA compliance training to all staff members.
Related Terms
Two Factor Authentication
End-to-End Encryption
Privacy Policy