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.
HIPAA violations can generally be classified as intentional or unintentional, and understanding the difference is beneficial for assessing the potential consequences.
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
The duration depends on several factors:
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.
Having a HIPAA violation on record can have an impact on a healthcare professional’s career and legal standing:
Related: What are the penalties for 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.
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
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.
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.
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
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.
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