A criminal HIPAA violation is when a covered entity, business associate, or a member of either´s workforce has wrongfully and knowingly accessed, obtained, or transmitted Protected Health Information without authorization for a purpose
HIPPA Violations and its Prevention
The Health Insurance Portability Act (HIPPA) has been in effect for more than two decades, but unfortunately, HIPPA violations are still a reality in the healthcare industry.
HIPPA laws aim to modernize healthcare information in an era of digital records. They delineate patient data privacy regulations by requiring security measures around access to healthcare information with three primary rules
· The Privacy Rule
· The Security Rule
· The Breach Notification RULE
HIPPA violations span a wide range. They can occur accidentally and inadvertently. Following are some top violations noted, either they are small or large, common violations of HIPPA regulations always have the ability to be extremely damaging to the practice that commits the violations and the privacy of the patients affected.
The top violations of HIPPA in 2023-14 common HIPPA violations Examples
· Lack of encryption or an equivalent Measure to safeguard PHI on portable devices
· Impermissible Disclosure of protected Health information
· Snooping on Healthcare records
· Lack of implementation of robust policies
· Improper disposal of PHI digitally and physically
· Usage of unsecured and encrypted hardware system
· Mishandling medical records of patients
· Inappropriate usage of modifiers for storage PHI
· Failure to manage Security risks
· Insufficient and unauthorized PHI Access controls
· Lack of proper training
· Failing to protect cyber attacks
· Failing to safeguard devices that might be stolen
· Disclosing incorrect patient information
HOW TO PREVENT HIPPA VIOLATIONS:
· Highly encrypted hardware systems and secured network for preventing unauthorized access to PHI
· To ensue well versed and well trained entities in HIPPA through certifications
· Just-in-time access to needed records
· Well defined revenue cycle management to ensure transactions
· Keeping all polices, transmission ,usage and disposal of PHI standard up to dated
· To avoid In-person disclosure of information about patients
· Regularly perform a comprehensive risk analysis
· Limiting access to devices and data based on employee status
Criminal Penalties:
Criminal HIPAA penalties are much rarer than civil penalties. Most violations are organizational and not the result of individual criminality, and these fall under the definition of a civil offense.
Additionally, many of the issues that would fall under a criminal penalty (committing digital or identity fraud, hacking, etc.) are governed by other laws and aren’t specific to HIPAA or the healthcare industry.
However, individuals directly involved in healthcare can purposely violate HIPAA for personal gain, thus necessitating criminal penalties. These penalties are also broken into tiers:
- Tier 1: If an individual or organization knowingly obtains unauthorized PHI, they can face a fine of $50,000 and 1 year in jail.
- Tier 2: If the offender knowingly obtains PHI and uses false pretenses (fraud) to do so, they can face fines up to $100,000 and up to 5 years in jail.
- Tier 3: If the offender fraudulently obtains PHI with the intent to sell, transfer, or use that information, they can face fines up to $250,000 and up to 10 years in jail.
