Healthcare professionals frequently ask about how HIPAA violations can vary and how they may impact a professional or practice. The answer depends on the type and severity of the violation, with minor infractions sometimes being temporary and severe breaches often lasting indefinitely.
The nature of HIPAA violations
HIPAA violations can generally be classified as intentional or unintentional, and understanding the difference is beneficial for assessing the potential consequences.
- Intentional violations: These occur when someone knowingly disregards HIPAA rules, such as by accessing patient records without permission or sharing protected health information (PHI) without consent. Because these actions are deliberate, they carry heavier penalties.
- Unintentional violations: Often due to oversight, these may happen when someone accidentally leaves patient information open on a shared computer or discusses patient details in a public setting. Though still serious, unintentional violations may be treated less harshly if promptly addressed.
According to the Compliancy Group, The severity of a violation also matters. A severe breach, especially one involving intentional misconduct, tends to have longer-lasting consequences than a minor or unintentional violation, which might be resolved internally without significant repercussions.
Read more: Understanding HIPAA violations and breaches
How long does a HIPAA violation stay on your record?
The duration depends on several factors:
- Type and severity of the violation: Intentional or severe violations, such as breaches involving identity theft, can have lasting consequences and may stay on record indefinitely. Minor infractions, on the other hand, are often handled within the organization and may not leave a lasting mark.
- Organizational policies: Each healthcare organization may have policies for recording and reporting violations. Some organizations may resolve minor incidents internally, while others may record even small violations for a set period.
NordLayer explains that serious violations, particularly those involving fines or legal action, often have lasting consequences. On the other hand, minor violations may only stay on record briefly, depending on how the organization handles reporting and resolution.
Consequences of having a HIPAA violation on your record
Having a HIPAA violation on record can have an impact on a healthcare professional’s career and legal standing:
- Professional consequences: A serious violation could result in losing one’s professional license, which can derail a healthcare career. Finding new employment may also be challenging if a record of HIPAA violations exists.
- Legal consequences: Severe violations can lead to criminal charges, hefty fines, or even imprisonment. Organizations involved in a HIPAA breach may face civil penalties, which can complicate matters further for the individuals responsible.
Related: What are the penalties for HIPAA violations?
How organizations handle HIPAA violations
Most healthcare organizations have protocols in place for addressing HIPAA violations. Typically, this involves an investigation, which may include interviews and documentation reviews to understand what happened. Depending on the severity of the violation, disciplinary actions can range from warnings to termination.
In some cases, organizations are required to report violations to external authorities, which can increase the potential impact on the individual involved. State laws may add further layers of complexity, as different states have specific reporting requirements.
Best practices for maintaining HIPAA compliance
According to Haekka, one of the most effective ways to avoid HIPAA violations is by implementing thorough training programs for all employees. Regular training sessions ensure that staff stays informed about HIPAA requirements and best practices, reinforcing a culture of compliance. Organizations should also create clear protocols for handling sensitive information, such as setting up strict access controls and developing response plans for potential incidents.
Related: Preventing HIPAA violations
The importance of documentation
Good record-keeping is fundamental for compliance and can serve as a protective measure in the event of a HIPAA violation. Detailed records, such as incident logs and training documentation, can show that the organization has taken steps to meet HIPAA standards. In some cases, detailed documentation may help reduce penalties by demonstrating the organization’s commitment to compliance.
What to do after a HIPAA violation occurs
If a HIPAA violation does happen, you need to act quickly. Relias Media states, “When it comes to minimizing penalties, that comes down to awareness, diligence, and a proactive approach.” Conducting an internal review can help identify what went wrong and how to prevent similar issues in the future. Open communication with affected parties, including patients, is also beneficial for maintaining trust. Each incident is an opportunity to improve—by analyzing the root cause, organizations can adjust policies and training to avoid similar violations moving forward.
In the news
The Office for Civil Rights (OCR) within the Department of Health and Human Services (HHS) is the primary enforcement agency for HIPAA violations. Over the years, OCR has issued many fines and settlements for various HIPAA infractions.
In 2024, OCR levied a $240,000 civil monetary penalty against Providence Medical Institute for failing to restrict access to electronic protected health information (ePHI) and lacking a business associate agreement. Cascade Eye and Skin Centers faced a $250,000 settlement for risk analysis and system activity review failures, while American Medical Response was fined $115,200 for delayed access to medical records.
State attorneys general have also been active in pursuing HIPAA-related violations, often using state laws to impose financial penalties. The attorneys general of New York, New Jersey, and Connecticut secured a $3.5 million settlement with Enzo Biochem and Enzo Clinical Labs for violations of the HIPAA security rule and state laws.
Read more: The biggest healthcare data breaches
FAQs
Is there a database for HIPAA violations?
All information on HIPAA violation cases is provided by the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) in their HIPAA Resolution Agreements overview. For the full list of HIPAA breaches and fines, you can visit OCR's Breach Portal.
What is an example of a HIPAA violation email?
- Failing to use an email encryption service.
- Not having patient authorization for email communications, but sending them an email anyway.
- Include PHI in the subject line of your email.
- Sending an email with PHI to the wrong patient.
What is the most common violation of HIPAA?
The HHS (Department of Health and Human Services) and state attorney generals cite “failure to implement proper access controls” for protecting patient information as one of the most common HIPAA violations by healthcare services.
See also: HIPAA Compliant Email: The Definitive Guide
Farah Amod
