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. Issue: Safeguards. }); Show Your Employer You Have Completed The Best HIPAA Compliance Training Available With ComplianceJunctions Certificate Of Completion, Learn about the top 10 HIPAA violations and the best way to prevent them, Avoid HIPAA violations due to misuse of social media, Losses to Phishing Attacks Increased by 76% in 2022, Biden Administration Announces New National Cybersecurity Strategy, Settlement Reached in Preferred Home Care Data Breach Lawsuit, BetterHelp Settlement Agreed with FTC to Resolve Health Data Privacy Violations, Amazon Completes Acquisition of OneMedical Amid Concern About Uses of Patient Data, Willful neglect (not corrected within 30 days. A nurse practitioner who has privileges at a multi-hospital health care system and who is part of the systems organized health care arrangement impermissibly accessed the medical records of her ex-husband. The case was settled for $2,300,000. November 16, 2022. Covered Entity: Private Practice 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. OCR provided technical assistance to the physician, explaining that, in general, the Privacy Rule requires that a covered entity provide an individual access to their medical record within 30 days of a request, regardless of whether or not the individual has a balance due. Among other corrective actions to resolve the specific issues in the case, OCR required the health insurer to train its staff on the applicable policies and procedures and to mitigate the harm to the individual. 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). OCR stepped up enforcement of compliance with the HIPAA Rules in 2016, more than doubling the number of financial penalties. Read more, The Diabetes, Endocrinology & Lipidology Center, Inc, a West Virginia-based healthcare provider specializing in treating endocrine disorders, failed to provide a parent with a copy of her minor childs protected health information within 30 days. Read More, On May 9, 2014, Touchstone Medical Imaging was informed by the FBI that one of its FTP servers was accessible over the Internet and allowed anonymous connections to a shared directory. However, the investigation revealed that the pharmacy chain and the law firm had not entered into a Business Associate Agreement, as required by the Privacy Rule to ensure that PHI is appropriately safeguarded. Some cases also can result in imprisonment up to one year for a standard violation and imprisonment for up to five years for a violation committed under false pretenses. Covered Entity: Health Care Provider The case was settled for $15,000. Among other corrective actions to resolve the specific issues in the case, the HMO created a new HIPAA-compliant authorization form and implemented a new policy that directs staff to obtain patient signatures on these forms before responding to any disclosure requests, even if patients bring in their own authorization form. The four categories range from unknowing violations to willful disregard of HIPAA rules. A violation of HIPAA attributable to ignorance can attract a fine of $100 $50,000. OCR received a complaint from a patient alleging BILHBS had not provided a copy of her fathers medical records. 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. CHCS failed to perform a comprehensive risk analysis since September 23, 2013. Fired after violating a patient's privacy - Clinical Advisor Read More, Erie County Medical Center Corporation in Buffalo, NY, failed to provide a patient with timely access to his medical records. Another potential HIPAA violation that's easily overlooked is discussing information over the phone. Receive weekly HIPAA news directly via email, HIPAA News Issue: Impermissible Uses and Disclosures. In addition, the employee who made the disclosure was counseled and given a written warning. OCR discovered a risk analysis failure, the lack of a security awareness training program, and a failure to implement HIPAA Security Rule policies and procedures. The case was settled for $3 million. Covered Entity: Private Practices Not necessary. The first bar in the group of three per year represents the complaints closed in which there was no violation, the second in which there was corrective action, and the third reflects the total closures. OCR determined that the private practice denied the individual access to records to which she was entitled by the Privacy Rule. 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. Among other corrective actions to resolve the specific issues in the case, OCR required the provider to develop and implement policies and procedures regarding appropriate administrative and physical safeguards related to the communication of PHI. Read more, Childrens Hospital & Medical Center (CHMC), a pediatric care provider in Omaha, Nebraska, received a request from a parent for access to her daughters medical records but only provided part of the requested information, despite repeated requests. The local newspaper then featured on its front page the individuals x-ray and an article that included the date of the accident, the location of the accident, the patients gender, a description of patients medical condition, and numerous quotes from the hospital about such unusual sporting accidents. There are four tiers of HIPAA violation penalties for nurses, ranging from unknowing violations to willful neglect of HIPAA Rules. 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 settlement for HIPAA violations was reached with SEMC for violations that lead to a document sharing system data breach that exposed 498 records, and a data breach involving the theft of a flash drive containing unencrypted data of 595 patients. As a result of this review, the hospital revised the distribution of the OR schedule, limiting it to those who have a need to know., Private Practice Ceases Conditioning of Compliance with the Privacy Rule Additionally, OCR required the covered entity to revise its Notice of Privacy Practices. A public hospital, in response to a subpoena (not accompanied by a court order), impermissibly disclosed the protected health information (PHI) of one of its patients. 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. Prison Time for Scheme to Frame Nurse for HIPAA Violations. The previous record was the $3.5 million settlement with Triple S Management Corporation agreed in November 2015. MAPFRE has agreed to a $2,200,000 settlement with OCR. Criminal violations of HIPAA Rules are dealt with by the U.S. Department of Justice. Private Practice Implements Safeguards for Waiting Rooms 3 Examples of HIPAA Violation Cases Example #1: When it comes to HIPAA, curiosity can kill the cat or your career. Issue: Minimum Necessary; Confidential Communications. Among other corrective action taken, the Center provided the complainant with a copy of her medical record and revised its policies and procedures to ensure that it provides timely access to all individuals. "HIPAA applies to schools.". So-mogye v. Toledo Clinic, 2012 WL 2191279 (N.D. Ohio, June 14, 2012). OCR settled the case for $3,500. Issue: Impermissible Disclosure; Confidential Communications. The device was not protected by a password and data on the device was not encrypted. 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. 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. All rights reserved. The investigation confirmed there had been a HIPAA Right of Access failure. An organizations willingness to assist with an investigation is also taken into account. The case was settled for $200,000. OCR determined there had been a risk analysis failure and the case was settled for $100,000. The 2020 increase is largely due to OCRs HIPAA Right of Access enforcement initiative, which was launched in late 2019. Sentara Hospitals reported the breach to OCR as having impacted 8 individuals. Read More, QCA Health Plan, Inc. of Arkansas reported the theft of a laptop from a car that contained unencrypted data on 148 patients. Read more, The owner of the Fairhope, AL, dental practice impermissibly disclosed patients PHI to a campaign manager and a third-party marketing company in relation to a state senate election campaign. In addition, OCR determined there had been risk analysis failures, a risk management failure, and a lack of device media controls. Read More, New England Dermatology and Laser Center in Massachusetts disposed of empty specimen containers in regular dumpsters between February 4, 2011, and March 31, 2021. Read More, Cancer Care Group, an Indiana-based radiation oncology private physician practice, has agreed to settle with the Department of Health and Human Services Office for Civil Rights for $750,000, for potential HIPAA violations relating to a 2012 data breach. A violation that occurred despite reasonable vigilance can attract a fine of $1,000 $50,000. An organizations prior history with regard to HIPAA non-compliance can also be a contributory factor in the calculation of penalties for HIPAA violations and therefore a second or subsequent fine will likely be much larger than the first. The case was settled for $15,000. Hipaa Violation summary -Shaila - Shaila Mae Health care providers Private Practice Revises Process to Provide Access to Records Regardless of Payment Source Read more, Rainrock Treatment Center LLC (dba Monte Nido Rainrock), a Eugene, OR-based provider of residential eating disorder treatment services, failed to provide a patient with timely access to the requested medical records after repeated requests. Issue: Notice. HIPAA Violation Cases - Updated 2023 - HIPAA Journal Initially, the pharmacy chain refused to acknowledge that the log books contained protected health information. OCR also determined that the Center denied the complainant's request for access because her therapists believed providing the records to her would likely cause her substantial harm. The case was settled with OCR for $300,640. Further, the covered entity's Privacy Officer and other representatives met with the patient and apologized, and followed the meeting with a written apology. CNE is required to pay a financial penalty of $400,000 and must adopt a comprehensive Corrective Action Plan (CAP) to address various areas of HIPAA non-compliance. Among other corrective actions to remedy this situation, OCR required that the hospital revise its subpoena processing procedures. Read More, Housing Works, Inc. is a New York City-based non-profit healthcare organization that provides healthcare, homeless services, and legal aid support for people affected by HIV/AIDS. But violations are also quite serious. The case was settled for $2.175 million. 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. Court Holds Up Termination for Nurse HIPAA Violation The minimum fine is $100 per violation (up to $50,000) for Category 1 violations. Read More, WellPoint is one of the largest providers of Affiliated Health Plans, with almost 36 million policyholders across the United States. Issue: Impermissible Disclosure. The case was settled for $10,000. On Tuesday, the Department of Justice said Jeffrey Parker of Rincon . CHMC settled the HIPAA Right of Access case with OCR and paid an $80,000 penalty. The table above will be updated when the new penalty amounts for 2023 are finalized by the HHS. 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. The HIPAA Right of Access violation was settled with OCR for $30,000. Covered Entity: Pharmacies The case was settled for $65,000. Outpatient Surgical Facility Corrects Privacy Procedure in Research Recruitment OCR clarified that an individual's health insurance card meets the statutory definition of PHI and, as such, needs to be safeguarded. Covered Entity: Private Practice Disciplinary actions are part of the public record. Lincare Inc. is required to pay $239,800 for violations of the HIPAA Privacy Rule which were discovered during the investigation of a complaint about a breach of 278 patient records. 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 response, the hospital instituted a number of actions to achieve compliance with the Privacy Rule. > All Case Examples, Hospital Implements New Minimum Necessary Polices for Telephone Messages OCR settled the case for $30,000. HIPAA Violations: Examples, Penalties + 5 Cases to Learn From - Secureframe Read More, The Department of Health and Human Services Office for Civil Rights has agreed to a $650,000 settlement with University of Massachusetts Amherst (UMass). The case was settled with OCR and a 23,000 financial penalty was imposed. Covered Entity: General Hospital Read More, OCR investigated a complaint about an impermissible disclosure of a patients PHI to a reporter. University of Texas MD Anderson Cancer Center was ordered to pay a civil monetary penalty of $4,348,000. To resolve this matter, OCR also required the practice to revise its policies and operating procedures and to move medical alert stickers to the inside cover of the records. CHCS also failed to implement appropriate security measures to address risks to ePHI in accordance with 45 C.F.R. Social Media HIPAA Violations by Nurses - Law Office of Nicole Irmer Even though it is not done maliciously. The consequences of violating HIPAA can be significant and it is important to note fines for a HIPAA violation can be applied by the HHS Office for Civil Rights (OCR) even if no breach of PHI has occurred. What happens if a nurse violates HIPAA? - HIPAA Guide Fines for "reasonable cause" violations range from $100 to $50,000. There may be a viable claim, in some cases, under state privacy laws. Activities considered preparatory to research include: preparing a research protocol; developing a research hypothesis; and identifying prospective research participants. St. Joseph Health has agreed to pay OCR $2,140,500. Disastrous HIPAA Violation Cases | 7 Cases to Learn From Boston Medical Center agreed to settle the alleged HIPAA violations with OCR for $100,000. OCR imposed a civil monetary penalty of $100,000. OCR determined the lack of encryption was in violation of the HIPAA Security Rule, there were insufficient device and media controls, and a business associate agreement had not been entered into with its parent company.