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Home Guide

Most Common HIPAA Violations You Should Be Aware Of

by Jenny Crimson
August 9, 2022
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Most Common HIPAA Violations You Should Be Aware Of
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The Health Insurance Portability and Accountability Act is a federal law that protects the privacy of individuals’ health information. It also regulates how this information can be used or transmitted. Violations of HIPAA may result in fines, penalties, or even criminal charges. Using HIPAA compliance software can help your organization stay compliant with the law. HIPAA compliance can be complex, but with the right solution, such as Compliancy Group software, your team can stay on top of their compliance obligations. Here are a few common HIPAA violations that you should be aware of:

Contents

    • 1. Tampering with or destroying health information
    • 2. Failing to keep health information accurate, complete, and up-to-date
    • 3. Communicating health information without consent or authorization
    • 4. Tampering with medical records
    • 5. Inadequate security measures
    • 6. Failing to respond properly to security breaches
    • 7. Improper disposal of PHI
    • 8. Failing to secure electronic communications
  • Final Thoughts        

1. Tampering with or destroying health information

Health information tampering is the act of modifying, erasing, or destroying health information with the intent to avoid its detection or disclosure. This can include changing patient records, forging medical documents, or even hacking into electronic health records systems. Tampering with health information can have serious consequences for patients and providers alike, as it can lead to inaccurate diagnoses and treatments, as well as identity theft. HIPAA compliance is important for businesses that handle healthcare data and individuals who may hold personal medical information. Healthcare providers must take steps to ensure that all patient data is secure and inaccessible to unauthorized users. 

2. Failing to keep health information accurate, complete, and up-to-date

HIPAA is an important health care law that requires providers to keep health information accurate, complete, and up-to-date. Providers are responsible for ensuring that all individuals who receive care from them are aware of their rights under HIPAA, including the right to privacy. Failing to keep health information accurate can lead to patient confusion or mistrust. Incomplete health information can also lead to medical mistakes or misdiagnoses, which can have serious consequences for patients. Providers who fail to update health information can also put patients at risk for identity theft or other types of cybercrime.

3. Communicating health information without consent or authorization

HIPAA requires health care providers to obtain written consent or authorization from patients before sharing their personal health information. If a patient does not want his or her health information shared, the provider cannot force the patient to provide consent. However, the provider can limit how much information is shared without consent if doing so is necessary to protect the patient’s privacy or safety.

4. Tampering with medical records

HIPAA prohibits providers from altering, destroying, or withholding medical records without the written consent of the individual who is the subject of the record. This prohibition applies even if the alteration, destruction, or withholding is done in order to comply with HIPAA regulations. Providers who violate this rule face serious penalties, including disciplinary action and potential fines.

5. Inadequate security measures

The safety of patients’ personal healthcare data is a top priority for HIPAA compliance. Providers must take steps to protect this data from unauthorized access, theft, and loss. Poor security measures can allow hackers into a company’s computer systems and steal sensitive information such as patient identities and medical records. In addition, poor security can lead to data breaches that expose patients’ personal information to third parties.

6. Failing to respond properly to security breaches

If a company experiences a data breach that results in the exposure of personal healthcare information, it must take steps to notify individuals whose data was compromised and offer them compensation for any losses they experience as a result of the breach. Healthcare providers must also take appropriate measures to prevent future breaches from happening and protect their own systems from attack. If a company fails to comply with these obligations, it could face penalties, such as disciplinary action and possible fines.

7. Improper disposal of PHI

Improper disposal of PHI

If a healthcare provider determines that PHI is no longer needed or should no longer be protected, it must take steps to destroy the information or securely dispose of it in a way that prevents unauthorized access. Failing to properly dispose of PHI can lead to regulatory sanctions and even criminal charges.

8. Failing to secure electronic communications

It is essential for healthcare providers to take steps to protect the privacy of electronic communications. HIPAA requires providers to use security measures when transmitting health information over the internet or via other electronic means. If a provider fails to use proper security measures, they could open themselves up to cyberattacks that could lead to the disclosure of confidential patient information.

Final Thoughts        

We have discussed some prominent violations regarding HIPAA compliance, but there are many others. Some of these include not properly protecting patient data, not properly following security protocols, and not abiding by patient privacy rules. In order to avoid HIPAA violations, it is important to keep up with updated security standards and practices and adhere to all patient privacy restrictions. 

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