Most Common HIPAA Violations You Should Avoid

July 16, 2024

Table of content(s)

1. Introduction
2. What are the most common HIPAA violations?
3. How can employees help prevent HIPAA violations?
4. Conclusion

What is considered a HIPAA violation? HIPAA violations often occur when involved parties, business associates, or members of the workforce do not comply with the privacy, security, or breach notification rules. The health industry is affected by inadequate security measures. Neglected risk assessment audits, poor security protocols, and internal errors are a few factors. Almost 40% of medical office professionals do not understand HIPAA regulations. 

In 2022, there have been 300,000 registered complaints for violating the laws protecting healthcare data. With the right security controls and employee training, you can avoid HIPAA violations. Learn about the common HIPAA violations, what constitutes a HIPAA violation and their impact. 

What are the most common HIPAA violations?

Here are common HIPAA violations:

1. Not securing records: It is common for medical teams to work on hectic schedules. During these busy hours, it is not uncommon to leave some patient files or records unattended.
   These records comprise patient-protected health information (PHI). When you fail to secure this information, it violates HIPAA regulations. For digitized files, you must protect them well with the help of a password. Make sure that your employees know the importance of securing medical records.
2. Encrypted data: Some common HIPAA violation examples are when criminals steal critical information and files get leaked or if the passwords get cracked. Criminals can also steal if the electronic files are not encrypted. It causes a severe violation of HIPAA in healthcare. You must have an additional layer of security.
   You can achieve this by encrypting your digital files holding PHI. Ensure that the sensitive information is encrypted during storage and transit when you are working with third-party service providers.
3. Breaches in your data: Criminals often steal crucial data for several purposes. This is especially from your digital files. It consists of patient information. In so many ways, hackers can breach your network. This helps gain access to your PHI, which is within your electronic files.
   You can seek protective measures to avoid breaches of the data. This can be done by securing your network. You can install a firewall and use the latest antivirus software while making transactions with a third-party service provider. This helps process the patient’s information.
4. Wrong disposal of patient records: Criminals can get crucial data when your staff disposes of the files and documents holding PHI. Once they access it, criminals can misuse the sensitive information.
   This leads to HIPAA violations. To avoid it, it is better to instruct your staff to ensure the physical paperwork files get shredded. In electronic files, make sure that the complete data is wiped off the hard drive.
5. Insufficient training of the employee: All employees who handle PHI must be knowledgeable and trained in HIPAA regulations.
   HIPAA training for an employee is a requirement. They must be trained in the law and educated about the various policies introduced by medical practice.
6. Unintentional disclosure of critical PHI: At times, the staff members try to access PHI that they are not authorized to view. At times, they get curious. Although it was done without malicious intent, it is still a HIPAA violation.
   To avoid such violations of HIPAA regulations, it is crucial for staff members to be well educated. They also must be trained in various procedures that state who has access to the files. Additionally, they must also be aware of and have an understanding of the severe consequences of such a violation.
7. Not accessing patient’s health records: Patients have access to medical records in accordance with the HIPAA privacy rule. They can also receive copies on request. This enables patients to view their health records.
   If such access is denied, or if it extends for more than a month, then it violates HIPAA. Hence, it is crucial to avoid such unnecessary delays. Avoid holding access to patients’ data.
8. Disclosing PHI to a third party: Discuss PHI with only the physician, patient, and other relevant individuals, such as the insurance team. Do not disclose it to anybody apart from these individuals.

Read more: HIPAA Compliance Checklist

How can employees help prevent HIPAA violations?

Employees can prevent HIPAA violations by understanding what PHI is. Employees can also help prevent HIPAA violations by reporting the practices to a manager or a compliance officer. Keep reading to learn more:

• Not sharing passwords: Healthcare workers often share passwords with other IT systems. This is a violation. It is the duty of the IT team to ensure that everybody has a unique user identification. Do not share passwords; instead, reach out for personal, unique credentials.
• Do not leave devices unsecured and unattended: Devices that can access PHI must have security features. This includes an automatic PIN lock. Make sure that all PHI on the device is encrypted. There is a risk of data breaches if the workforce does not have the features. Prevent this breach using the right technology.

Read More: Who Must Comply with HIPAA Rules and Regulations?

Conclusion

Now that you know what HIPAA violations are, make sure you avoid them. If you look closely at the list, you will understand that you can easily avoid all these common violations. You must be a little more cautious to safeguard the data and keep it protected. Do not disclose PHI to a third party, and keep your passwords protected. Follow the rules and prevent common HIPAA violations.