What Are the Most Common HIPAA Violations Providers Face?
Healthcare providers handle highly sensitive patient information every day, making compliance with the Health Insurance Portability and Accountability Act (HIPAA) essential. Even unintentional mistakes can lead to serious legal consequences, financial penalties, reputational damage, and regulatory investigations.
At Fenton Jurkowitz Law Group, our law firm represents physicians, nurses, hospitals, medical practices, and healthcare organizations facing HIPAA-related investigations and compliance issues. Below are the most common HIPAA violations healthcare providers encounter in the United States.
1. Snooping on Healthcare Records
Accessing patient records without a legitimate medical or business reason is one of the most common HIPAA violations. This includes viewing the records of family members, coworkers, celebrities, or other patients out of curiosity.
2. Failure to Perform an Organization-Wide Risk Assessment
HIPAA requires healthcare organizations to do regular risk checks. These checks identify weak spots in how the organization stores, accesses, and sends Electronic protected health information (ePHI).
3. Failure to Manage Security Risks
Risk assessment is only the first step. Healthcare organizations must also implement an effective risk management process to address data security vulnerabilities. Lack of documented safeguards and corrective action plans often leads to enforcement actions by regulators.
4. Denying Patients Access to Medical Records
Under HIPAA, patients generally have the right to access their health records within required timeframes. Delaying responses or improperly denying access requests can result in compliance violations.
5. Failure to Execute HIPAA-Compliant Business Associate Agreements
Healthcare providers frequently work with third-party vendors such as billing companies, IT providers, cloud storage services, and consultants. HIPAA requires covered entities to enter into compliant Business Associate Agreements (BAAs) with vendors that access PHI.
6. Insufficient Access Controls for ePHI
ePHI should only be accessible to authorized personnel. Weak passwords, shared login credentials, and inadequate user authentication procedures can all violate HIPAA security standards.
7. Failure to Encrypt Portable Devices Containing ePHI
Laptops, tablets, USB drives, and mobile devices containing patient data should be encrypted or protected through equivalent safeguards. Lost or stolen devices remain a leading source of HIPAA breaches.
8. Missing the 60-Day Breach Notification Deadline
HIPAA requires covered entities to provide breach notifications within strict timelines following the discovery of certain unauthorized disclosures.
9. Impermissible Disclosures of Protected Health Information
Disclosing patient information without proper authorization, whether verbally, electronically, or in writing can violate HIPAA.
Common examples include:
- Discussing patients in public areas
- Sending records to the wrong recipient
- Improperly sharing information with third parties
Healthcare providers should receive ongoing training regarding proper communication and disclosure practices.
10. Improper Disposal of Protected Health Information
Patient records, billing statements, prescription labels, and electronic devices containing PHI must be disposed of securely. Throwing records in standard trash bins or failing to wipe electronic devices can result in HIPAA violations. Proper shredding, destruction, and data disposal procedures are critical for compliance.
Frequently Asked Questions
What to do if you violate HIPAA?
If you have been unknowingly violating HIPAA, immediately contact your organization’s supervisor to file a report. Individuals should also hire an attorney to protect their legal rights during the ongoing investigation process. While self-reporting may be intimidating, it is important to take responsibility for any breaches. Being honest and cooperative will benefit all parties involved.
Can you accidentally violate HIPAA?
It is possible to accidentally violate HIPAA. Many HIPAA violations are unintentional and result from inadequate training, human error, lost devices, or improper handling of protected health information (PHI). Even accidental violations may still lead to investigations and penalties.
What are the penalties for HIPAA violations?
While penalties vary, people who violate HIPAA by accident usually get a lighter punishment. Someone who breaks HIPAA without knowing will likely only face a civil penalty.
The court will fine the individual or organization up to $50,000 for the offense. Again, each case varies based on incident severity, violation frequency, and the intent behind the action.
Which entity enforces HIPAA?
The Department of Health and Human Services’ Office for Civil Rights (OCR) enforces HIPAA. The OCR is responsible for following through with complaints of HIPAA violations.
Why should healthcare professionals hire a HIPAA attorney?
A HIPAA attorney can help healthcare professionals navigate investigations, respond to regulatory inquiries, minimize penalties, and protect their professional licenses and reputations.
California Attorneys for HIPAA Violations
A California HIPAA lawyer has direct experience in dealing with these incidents, and can advise you on the proper steps to take to avoid stricter penalties. They can also guide you through reporting another individual, or even reporting the organization for the lack of adequate training on proper protocols.
Fenton Jurkowitz Law Group takes pride in protecting members of the medical community. Our attorneys for HIPAA violations will work directly with you to understand the nuances of the situation and will craft an individualized approach to minimize the consequences. Call us today at (310) 444-5244 to speak with a California HIPAA lawyer.