What is a HIPAA Violation? HIPAA Violation Examples - MEDPRO Disposal, LLC Back to Top Enforcement Highlights and Numbers at a Glance Current Enforcement Highlights Enforcement Highlights Archived by Month Issue: Impermissible Uses and Disclosures. In August 2012, Cancer Care Group discovered a laptop computer and unencrypted backup drive had been stolen from the vehicle of an employee. Criminal violations of HIPAA Rules are dealt with by the U.S. Department of Justice. Operating as Agape Health Services, the company experienced a breach of the ePHI of 1,263 patients. Read More, Associated Retina Specialists in New York took 5 months to provide a patient with the requested medical records. Court Holds Up Termination for Nurse HIPAA Violation These cases include civil monetary penalties, where it has been established that HIPAA Rules have been violated, and settlements, where HIPAA violations have been alleged to have occurred but the covered entity or business associate has decided not to contest the case and has instead chosen to pay a financial penalty to resolve the potential HIPAA violations with no admission of liability. Issue: Impermissible Uses and Disclosures. Read More, OCR imposed a $2.154 million civil monetary penalty against the Miami, FL-based nonprofit academic medical system, Jackson Health System (JHS), for a slew of violations of HIPAA Privacy Rule, Security Rule, and Breach Notification Rule. QCA Health Plan has agreed to settle the HIPAA violations with OCR for $250,000. Although the Center gave the complainant the opportunity to review her medical record, this did not negate the Centers obligation to provide the complainant with a copy of her records. Large Health System Restricts Provider's Use of Patient Records Five Memphis healthcare workers charged with conspiracy, HIPAA violations. The nurse explained that the two individuals whose . Among other corrective actions to resolve the specific issues in the case, a letter of reprimand was placed in the supervisor's personnel file and the supervisor received additional training about the Privacy Rule. Examples of HIPAA Violations by Nurses The case was settled for $3,500. Initially, the pharmacy chain refused to acknowledge that the log books contained protected health information. The chain acknowledged that log books contained protected health information and implemented the required changes. A mother requested a copy of her sons medical records, but the records had not been provided three months after submitting the request. Read More, Beth Israel Lahey Health Behavioral Services (BILHBS) is the largest provider of mental health and substance use disorder services in eastern Massachusetts. Among other corrective actions to resolve the specific issues in the case, OCR required the outpatient facility to: revise its written policies and procedures regarding disclosures of PHI for research recruitment purposes to require valid written authorizations; retrain its entire staff on the new policies and procedures; log the disclosure of the patient's PHI for accounting purposes; and send the patient a letter apologizing for the impermissible disclosure. Read More, The city of New Haven in Connecticut was investigated over an incident where a former employee accessed its systems after termination and copied a file containing the ePHI of 498 individuals. This case study involving one nursing education program's experience with a HIPAA violation illustrates how one nursing college dealt with a student's HIPAA . Issue: Conditioning Compliance with the Privacy Rule. According to the Massachusetts General Law, Chapter 112, Section 77, the Board must report disciplinary actions to national data reporting systems. HIPAA violations don't just occur when a nurse posts something of their own accord. HIPAA Violation Cases - Updated 2023 - HIPAA Journal An OCR investigation confirmed allegations that a dental practice flagged some of its medical records with a red sticker with the word "AIDS" on the outside cover, and that records were handled so that other patients and staff without need to know could read the sticker. The case was settled for $15,000. There are four tiers of HIPAA violation penalties for nurses, ranging from unknowing violations to willful neglect of HIPAA Rules. Case Examples | HHS.gov Read More, Office for Civil Rights has announced a settlement of $1,215,780 has been reached with Affinity Health Plan, Inc., to resolve potential HIPAA violations discovered during a breach investigation. Five former Methodist employees have been indicted on charges . In 2017, Lifespan mentioned in a news release that someone broke into an employee vehicle and stole their work laptop. Further, the covered entity counseled the supervisor about appropriate use of the medical information of a subordinate. If a nurse breaches HIPAA, a patient cannot sue the nurse directly for a HIPAA breach. CHMC settled the HIPAA Right of Access case with OCR and paid an $80,000 penalty. A pharmacy employee placed a customer's insurance card in another customer's prescription bag. OCR Imposes a $2.15 Million Civil Money Penalty against Jackson Health System for HIPAA Violations - October 23, 2019 Dental Practice Pays $10,000 to Settle Social Media Disclosures of Patients' Protected Health Information - October 2, 2019 OCR Settles First Case in HIPAA Right of Access Initiative - September 9, 2019 The last update to the HIPAA violation penalty amounts applies to cases assessed on or after March 17, 2022, as detailed in the table below: *Table last updated in March 2022. OCR provided technical assistance and closed the case, but the records were still not provided. The Worst HIPAA Violation Cases in Medical History To resolve this matter to the satisfaction of OCR, the hospital: retrained an entire Department with regard to the requirements of the Privacy Rule; provided additional specific training to staff members whose job duties included leaving messages for patients; and, revised the Departments patient privacy policy to clarify patient rights to accommodation of reasonable requests to receive communications of PHI by alternative means or at alternative locations. A complainant alleged that a private practice physician denied her access to her medical records, because the complainant had an outstanding balance for services the physician had provided. In addition to corrective action taken under the Privacy Rule, the state attorney general's office entered into a monetary settlement agreement with the patient. 4) Loss or Theft of Devices. As HIPAA violations are so severe, and may result in huge fines for Covered Entities, if . The case was settled for $1,500,000. A violation of HIPAA attributable to ignorance can attract a fine of $100 $50,000. Read more, Wake Health Medical Group, a Raleigh, NC-based provider of primary care and other health care services, failed to provide a patient with timely access to the requested medical records. The following three years saw similar numbers of financial penalties; however, there was another major increase in HIPAA fines in 2020 when 19 HIPAA violation cases were settled with OCR. Failure to report a violation could have serious consequences. A good example of this is a laptop that is stolen. OCR determined there had been a risk analysis failure, access control failure, information system activity monitoring failure, and an impermissible disclosure of 6,617 patients ePHI. Issue: Impermissible Uses and Disclosures. In 2013 and 2015, protections on servers were accidentally removed and files containing ePHI could be accessed over the internet without the need for a username or password. OCR settled the case for $5,000. OCR determined there had been a failure to protect patient information which resulted in an impermissible disclosure of 2,150 patient records. The investigation confirmed there had been a HIPAA Right of Access failure. There may be a viable claim, in some cases, under state laws. Dentist Revises Process to Safeguard Medical Alert PHI Read More, An investigation into Anthem Incs massive 78.8 million-record data breach of 2015 revealed multiple HIPAA violations. The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. Read More, Memorial Hermann Health System agreed to settle potential HIPAA Privacy Rule violations with the Department of Health and Human Services Office for Civil Rights for $2.4 million. A complaint alleged that an HMO impermissibly disclosed a member's PHI, when it sent her entire medical record to a disability insurance company without her authorization. Read More, ACPM Podiatry in Illinois did not provide a former patient with his requested records, and despite the intervention of OCR, the patient was still not provided with the requested records due to the non-payment of a bill by the insurance company. Read More, OCR received a complaint from a patient of Dr. Rajendra Bhayani, a Regal Park, NY-based private practitioner specializing in otolaryngology, alleging he had not provided a patient with a copy of her medical records. Read More, The University of Washington Medicine has agreed to settle with the Department of Health and Human Services Office for Civil Rights and will pay a HIPAA fine of $750,000 for potential HIPAA violations stemming from a 90,000-record data breach suffered in 2013. OCR settled the case for $20,000. Issue: Impermissible Uses and Disclosures; Business Associates. As of July 2022, there have been 38 HIPAA Right of Access cases under this compliance initiative that resulted in financial penalties. Anthem agreed to a record-breaking settlement of $16,000,000 to resolve the case. The case was settled for $1,250,000. Educators worry about the confidentiality of all student information, particularly the data relied upon in developing and implementing IEPs and Section 504 plans, often on account of "HIPAA . Read More, Puerto Rico Blue Cross Blue Shield licensee Triple S Management Corporation has agreed to pay a HIPAA violation fine of $3.5 million to the Department of Health and Human Services Office for Civil Rights. Covered Entity: Private Practice The case was settled for $65,000. The minimum fines are $100 per violation for tier 1, $1,000 per violation for tier 2, $10,000 per violation for tier 3, and $50,000 per violation for tier 4. In addition, the covered entity forwarded the complainant a complete copy of the medical record. Among other corrective actions to resolve the specific issues in the case, OCR required that the social service agency develop procedures for properly disclosing protected health information only to its valid business associates and to train its staff on the new processes. A nurse at a Texas children's hospital has been fired for violating Health Insurance Portability and Accountability Act (HIPAA) Rules by posting protected health information on a social media website. The medical center had also failed to enter into a BAA with a business associate. However, up to 500 cases per year result in a fine and/or corrective action being required. During the investigation, OCR discovered the business associate had acquired Peachstate, a CLIA-certified laboratory that provides clinical and genetic testing services. Covered Entity: Mental Health Center Disciplinary actions are part of the public record. OCR settled the case for $65,000. Boston Medical Center agreed to settle the alleged HIPAA violations with OCR for $100,000. OCR intervened and closed the case but received a second complaint 6 months after the first stating the records had still not been provided. OCR discovered risk analysis failures, a lack of policies covering electronic devices, a lack of encryption or alternative safeguards, insufficient security policies, and insufficient physical safeguards, resulting in an impermissible disclosure of 521 individuals PHI. The nurse received the board notice for a hearing and the allegations against her, which involved breaching her duty to protect the patients' confidentiality and privacy rights in violation of the state's nurse practice act and administrative rules. UMMC has also agreed to adopt a corrective action plan (CAP) to bring privacy and security standards up to the level required by HIPAA. To resolve this matter, the covered entity refunded the $100.00 records review fee., Hospital Issues Guidelines Regarding Disclosures to Avert Threats to Health or Safety Read more, San Diego-based Sharp Healthcare, dba Sharp Rees-Stealy Medical Centers, failed to provide a patients medical records to a patient-specified third party for more than 2 months. I personally would not expect a student to fully understand these things; correction and education would be in order rather than exaggerating the offenses to the level of HIPAA violation. 0:04. The case was settled for $160,000. A nurse working at a clinic in New York became one of many HIPAA violation examples when her sister-in-law's boyfriend was diagnosed with an STD (sexually transmitted disease). HMORevises Process to Obtain Valid Authorizations Read More, Washington, NC-based Metropolitan Community Health Services is a Federally Qualified Health Center. Read More, Orlando, FL-based primary care provider, Health Specialists of Central Florida Inc., was investigated by OCR after receipt of a complaint from a woman who had not been provided with a copy of her deceased fathers medical records. Hackers used a compromised username and password to gain access to a server that contained the protected health information (PHI) of 3.5 million individuals. A violation due to willful neglect which is not corrected within thirty days will attract the maximum fine of $50,000. Covered Entity: Pharmacy Chain In addition, OCR required the practice to reposition its computer monitors to prevent patients from viewing information on the screens, and the practice installed computer monitor privacy screens to prevent impermissible disclosures. Read More, Bayfront Health St. Petersburg was investigated following receipt of a complaint from a patient on August 14, 2018. By increasing its enforcement activity, OCR is sending a message to all covered entities, large and small, that violations of HIPAA Rules will not be tolerated. Private Practice Revises Process to Provide Access to Records Regardless of Payment Source The case was settled for $65,000. Radiologist Revises Process for Workers Compensation Disclosures Nurse Faced with Jail Time for Violating HIPAA Laws Without appropriate HIPAA training, this case of a HIPAA violation demonstrates how critical it is to train workers before there is an issue. An outpatient surgical facility disclosed a patient's protected health information (PHI) to a research entity for recruitment purposes without the patient's authorization or an Institutional Review Board (IRB) or privacy-board-approved waiver of authorization. This was the case in 2019, when a number of healthcare professionals accessed a particular actor's medical records after the actor was part of a potential hoax hate-crime, which became headline news. OCR determined this fee to be unreasonable and that there had been a 15-month delay in providing the patient with the requested records. Covered Entity: Health Care Provider / General Hospital U.S. Department of Health & Human Services 200 Independence Avenue, S.W. Improper Disposal HIPAA rules state medical professionals must dispose of PHI in a secure manner. A mental health center did not provide a notice of privacy practices (notice) to a father or his minor daughter, a patient at the center. Kentucky HIPAA Violation Case Ruling Held by Appeals Court Read More, Mountlake Terrace, WA-based Premera Blue Cross is the largest health plan in the Pacific Northwest. The case was settled for $202,400. The case was settled for $200,000. Cancel Any Time. In 2014, hackers accessed its systems and stole the ePHI of 6,121,158 individuals. Among other corrective actions to resolve the specific issues in the case, OCR required that the pharmacy chain implement national policies and procedures to safeguard the log books. Issue: Safeguards. The Top 8 Most Common HIPAA Violations Made by Nurses To resolve this matter, the mental health center revised its intake assessment policy and procedures to specify that the notice will be provided and the clinician will attempt to obtain a signed acknowledgement of receipt of the notice prior to the intake assessment. A settlement of $85,000 was agreed upon with OCR to resolve the HIPAA violation. Covered Entity: Health Care Provider Health Plan Corrects Computer Flaw that Caused Mailing of EOBs to Wrong Persons What happens if a nurse violates HIPAA? - HIPAA Guide The case was settled for $70,000. Read More, King MD is a small provider of psychiatric services in Virginia. OCR received a complaint from a patient who had not been provided with her medical records after a 2-month wait. OCR's investigation determined that a flaw in the health plan's computer system put the protected health information of approximately 2,000 families at risk of disclosure in violation of the Rule. Memphis Commercial Appeal. In nursing education, a HIPAA violation made by a nursing student could result in a variety of disciplinary actions including termination but is rarely discussed in nursing literature. The OCR investigation determined 577 patients had been affected, but Sentara Hospitals refused to update its breach notice to reflect the correct number of patients affected. The HIPAA Right of Access violation was settled with OCR for $30,000. Not necessary. OCR received two complaints from patients in 2019 alleging they had to wait several months to receive a copy of their medical records. The case was ultimately unsuccessful; the court ruled in favor of the nurse. Read More, A $2.5 million settlement has been agreed upon with CardioNet to resolve potential HIPAA violations. After being notified by OCR about a proposed fine of $105,000, Dr. Brockley requested a hearing with an Administrative Law Judge, but settled out of court and agreed to a fine of $30,000. What is a HIPAA violation? 26 HIPAA violation examples - Alleva > HIPAA Compliance and Enforcement The disclosed information included details of patients visits, treatment, and insurance. The privacy breaches occurred shortly after each other in 2013. Read More, Wise Psychiatry is a small provider of psychiatric services in Colorado. The table above will be updated when the new penalty amounts for 2023 are finalized by the HHS. In some severe cases, yes, nurses can lose their jobs if they violate HIPAA. Alternatively, financial penalties can be imposed if a breach of ePHI violates state laws. Issue: Access, Authorization. Aim: This study aimed to evaluate nurses' ability to evaluate ethical violations to hypothetical case studies involving social media use. And when data breaches like this occur, it's usually because of a HIPAA violation. When dealing with these complex issues, you need legal representation that has a long track record of success in these types of cases. HIPAA Violation Case Settled Between Ambulance Company & OCR for $65,000. The data breach investigation revealed a substandard security management process and a catalog of HIPAA Security Rule violations. Read More, Fallbrook Family Health Center in Nebraska failed to provide a patient with timely access to the requested medical records. Read more, Renown Health, a not-for-profit healthcare network in Northern Nevada, failed to provide a patients attorney with a copy of her medical and billing records within 30 days. in Chicago, Illinois, was investigated in response to a complaint from a patient who had only been provided with a partial copy of her requested medical records. The Notice of Enforcement Discretion only applied a cap to each violation tier. State Hospital Sanctions Employees for Disclosing Patient's PHI In the majority of cases, the agency resolves the complaints without the need for an investigation or finds no HIPAA violation exists. HIPAA breaches in 2019: A year in review Read More, MelroseWakefield Healthcare in Massachusetts received a valid request from a personal representative of a patient on June 12, 2020, but it took until October 20, 2020, for the requested records to be provided due to an error regarding the legality of the durable power of attorney. Additionally, in order to prevent similar incidents, the hospital undertook a complete review of the distribution of the OR schedule. Background: Inappropriate use of social media necessitates health institutes, academic institutes, nurses and educators to consider occupational ethical principles while creating a policy and guide on the usage of social media. Department of Justice is the authority that handles all the breach fines and charges for violating HIPAA regulations. An Accusation is a legal document formally charging a registered nurse with a violation (s) of the Nursing Practice Act, and notifying the public that a disciplinary action is pending against that nurse. The case was settled for $2,300,000. Read More, OCR announced that it has reached a settlement for $125,000 with a Denver-based healthcare provider, Cornell Pharmacy, following the improper disposal of patient health records. OCR intervened and the records were provided 8 months after the initial request. A Georgia man has been sentenced to federal prison in an unusual case in which he portrayed himself as a whistleblower while falsely reporting to authorities that a hospital worker committed criminal HIPAA violations. 6) Keep Thoughts to Yourself. Despite fluctuations in their nature, there. The Paubox team exported all reported incidents from HHS's official Breach Portal from January 1, 2019 - December 31, 2019 and used the data to compile the following summary. Violating HIPAA law can result in fines, job termination, loss of licensure, and criminal charges. Once the physician learned that he could not withhold access until payment was made, the physician provided the complainant a copy of her medical record. Read More, An article published in the LA Times started a sequence of events that has now resulted in Shasta Regional Medical Center (SRMC) agreeing to a settlement of $275,000 for its violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. Shaila Mae. The case was settled for $5,100,000. The new procedures were instituted in Medicaid offices and independent health care programs under the jurisdiction of the municipal social service agency. Read More, Office for Civil Rights has issued a statement confirming that an agreement has been reached with Adult & Pediatric Dermatology, P.C., of Concord, Massachusetts following the accidental disclosure of approximately 2,200 patients after a memory stick was stolen from the car of one of the centers employees. Termination for Nurse HIPAA Violation Upheld by Court Read More, Elite Primary Care is a provider of primary health services in Georgia. PDF HIPAA Violations: Nurse Looked At Her Mother's, Sister's Charts Private Practice Revises Access Procedure to Provide Access Despite an Outstanding Balance OCR attempted to resolve the matter via informal means between November 6, 2015, to August 30, 2016, before issuing a Notice of Proposed Determination on September 30, 2016. Issue: Impermissible Uses and Disclosures; Safeguards. The Ultimate List of Celebrity HIPAA Violations Etactics