Read More, Phoenix, AZ-based Banner Health is one of the largest healthcare systems in the United States. 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. Read More, OCR launched an investigation into the Carroll County, GA ambulance company, West Georgia Ambulance, after being notified about the loss of an unencrypted laptop computer that contained the PHI of 500 patients. OCR's investigation confirmed that the use and disclosure of protected health information by the supervisor was not authorized by the employee and was not otherwise permitted by the Privacy Rule. An employee of a major health insurer impermissibly disclosed the protected health information of one of its members without following the insurer's authorization and verification procedures. Private Practice Revises Process to Provide Access to Records Alternatively, financial penalties can be imposed if a breach of ePHI violates state laws. 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. Read More, Lifespan Health System Affiliated Covered Entity is a Rhode Island healthcare provider. Convicted of a crime substantially related to the qualifications, functions, and duties of an RN: State Attorney Generals can also impose financial penalties on HIPAA-covered entities and business associates for violations of the HIPAA Rules. OCR determined this fee to be unreasonable and that there had been a 15-month delay in providing the patient with the requested records. OCR intervened and closed the case but received a second complaint two months later when the records had still not been provided. The previous record was the $3.5 million settlement with Triple S Management Corporation agreed in November 2015. 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. Read More, Beth Israel Lahey Health Behavioral Services (BILHBS) is the largest provider of mental health and substance use disorder services in eastern Massachusetts. Read More, Athens Orthopedic Clinic PA in Georgia had its systems hacked in 2016. FileFax agreed to settle the alleged HIPAA violations for $100,000. During the investigation, OCR discovered the business associate had acquired Peachstate, a CLIA-certified laboratory that provides clinical and genetic testing services. 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. Sentara Hospitals reported the breach to OCR as having impacted 8 individuals. Nurse Pleads Guilty to HIPAA Violation | NurseZone - American Mobile A hospital employee's supervisor accessed, examined, and disclosed an employee's medical record. The penalties for a HIPAA violation are determined by the CE; HIPAA itself does not explicitly state what types of HIPAA violations will and will not result in the loss of a job. Under the revised process, if a subpoena is received that does not meet the requirements of the Privacy Rule, the information is not disclosed; instead, the hospital contacts the party seeking the subpoena and the requirements of the Privacy Rule are explained. OCR conducted an investigation into an incident involving a stolen laptop that contained the ePHI of 20,431 patients. The HIPAA Right of Access violation was settled with OCR for $5,000. OCR settled the case for $20,000. An OCR investigation indicated that the form the HMO relied on to make the disclosure was not a valid authorization under the Privacy Rule. Settlements have previously been agreed upon with healthcare providers, health plans, and business associates of covered entities, but this is the first time OCR has settled potential HIPAA violations with a wireless health services provider. Read more, Arbour Hospital, a mental health clinic in Boston, MA, failed to provide a patient with the requested medical records within 30 days. Read More, Boston Medical Center was fined for allowing an ABC film crew to record footage of patients as part of the Boston Med TV series, without first obtaining consent from patients. Criminal violations of HIPAA Rules are dealt with by the U.S. Department of Justice. 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 Read More, In March 2019, OCR received a complaint from a patient who alleged she had not been provided with a copy of her medical records in the requested electronic format despite making repeated requests. OCR intervened but received a second complaint a month later when the records had still not been provided. 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. While the amendment provisions of the Privacy Rule permit a covered entity to deny an individual's request for an amendment when the covered entity did not create that the portion of the record subject to the request for amendment, no similar provision limits individuals' rights to access their protected health information. Other than stipulating training should be provided as necessary and appropriate for members of the workforce to carry out their functions (HIPAA Privacy Rule) and that CEs and BAs should implement a security awareness and training program for all members of the workforce (HIPAA Security Rule), there are no specific HIPAA training requirements. In 2016, 12 entities agreed to settle their compliance investigations and pay a financial penalty, with one case seeing civil monetary penalties imposed. Gossip is a casual conversation about other people which can be positive, neutral, or negative. The case was settled for $202,400. Since HIPAA's enactment in 1996, we've witnessed almost 20 reported cases of unauthorized personnel looking up the medical records of celebrities. State Hospital Sanctions Employees for Disclosing Patient's PHI Issue: Safeguards. It took 5 months from the initial request for the complete set of medical records to be provided. The doctor was retiring and received a delivery of 71 boxes of medical files containing up to 8,000 patient records; however, the delivery was made, and the boxes were left on the doctors driveway while he was out of the house. A violation that occurred despite reasonable vigilance can attract a fine of $1,000 $50,000. 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. Public Hospital Corrects Impermissible Disclosure of PHI in Response to a Subpoena RN breaches patient confidentiality policy to check work schedule There are four different HIPAA violation classifications which rank the level of an organizations willful neglect, and four penalty tiers depending on factors such as the length of time a violation was allowed to continue after being discovered, the number of people affected by the violation, and the nature of data exposed. OCR also discovered a business associate failure. Operating as Agape Health Services, the company experienced a breach of the ePHI of 1,263 patients. Honolulu-based Hawaii Pacific Health fired an employee in March after discovering the employee had inappropriately accessed patient medical records between November 2014 and January 2020. Read More, The Department of Health and Human Services Office for Civil Rights (OCR) has fined New York Presbyterian Hospital (NYP) $2.2 million for allowing patients to be filmed for a TV show without obtaining prior permission from patients. Read more, Advanced Spine & Pain Management, a provider of chronic pain-related medical services in Cincinnati and Springboro, OH, failed to provide a patient with timely access to the requested medical records. The. The diagnostic laboratory settled the case with OCR and paid a $16,500 financial penalty. A nurse in a New York clinic found herself at the center of an ugly HIPAA violation case when her sister-in-law's boyfriend was diagnosed with an STD. A settlement of $500,000 was agreed upon to resolve the alleged HIPAA violations. 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. Mental Health Center Provides Access after Denial U.S. Department of Health & Human Services 200 Independence Avenue, S.W. The practice trained all staff on the newly developed policies and procedures. The chain acknowledged that log books contained protected health information and implemented the required changes. Read More, The Department of Health and Human Services Office for Civil Rights announced a new HIPAA settlement to resolve violations of the HIPAA Privacy Rule. OCR investigated and found multiple potential HIPAA violations such as the failure to conduct a thorough risk analysis, risk management failures, and insufficient mechanisms to identify suspicious network activity. Among other corrective actions to resolve the specific issues in the case, the practice apologized to the patient and sanctioned the employee responsible for the incident; trained all billing and coding staff on appropriate insurance claims submission; and revised its policies and procedures to require a specific request from workers compensation carriers before submitting test results to them. 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. Moreover, the entity was required to train of all staff on the revised policy. Read More, The Department of Health and Human Services Office for Civil Rights has announced it has settled potential HIPAA violations with Feinstein Institute for Medical Research for $3.9 million. Delivered via email so please ensure you enter your email address correctly. OCR investigated and discovered similar privacy violations had occurred responding to patient reviews. Not necessary. Disciplinary action taken by the Massachusetts Board of Registration in Listed below are all the OCR HIPAA violation cases that have resulted in a financial penalty. Read More, The HHS has announced that Lahey Hospital and Medical Center has agreed to settle a case with the Office for Civil Rights over alleged HIPAA violations following a data breach that occurred in October 2011. CHMC settled the HIPAA Right of Access case with OCR and paid an $80,000 penalty. A patients rights under the Privacy Rule are not contingent on the patients agreement with a covered entity. OCR intervened and provided technical assistance on the HIPAA Right of Access but received a second complaint when the practice continued to deny him access. OCRs investigation revealed that the Center provided the complainant with an opportunity to review her medical record, including the psychotherapy notes, with her therapist, but the Center did not provide her with a copy of her records. A pharmacy employee placed a customer's insurance card in another customer's prescription bag. OCR clarified that an individual's health insurance card meets the statutory definition of PHI and, as such, needs to be safeguarded. Read More, Massachusetts General Hospital was fined for allowing an ABC film crew to record footage of patients as part of the Boston Med TV series, without first obtaining consent from patients. In 2015, Premera discovered there had been a breach of the ePHI of 10,466,692 individuals. Another potential HIPAA violation that's easily overlooked is discussing information over the phone. 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. Read More, Bayfront Health St. Petersburg was investigated following receipt of a complaint from a patient on August 14, 2018. Issue: Access, Restrictions. The HIPAA Right of Access violation was settled with OR for $75,000. 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. 0:57. HIPAA Violations: Examples, Penalties + 5 Cases to Learn From - Secureframe 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 While the Privacy Rule may permit the disclosure of an OR schedule containing PHI, in this case, a hospital employee shared the OR scheduled with the complainants supervisor, who was not part of the employee's treatment team, and did not need the information for payment, health care operations, or other permissible purposes. Content created by Office for Civil Rights (OCR) Content last reviewed December 23, 2022. Covered Entity: Outpatient Facility Reports can be filed either through internal channels or electronically through the Department of Health and Human Services. Nurses HIPAA Violation Examples The list of potential HIPAA violations by nurses is long so the most commonly experienced nurse HIPAA violations are listed below: Read More, Memorial Hermann Health System in Texas received five requests from a patient for complete records to be provided between June 2019 and January 2020. OCRs investigators identified a risk analysis failure, a lack of reviews of system activity, a failure to verify identity for access to PHI, and insufficient technical safeguards. In many cases, records were only provided after OCR intervened. 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. PHI had been intentionally provided to the media on three separate occasions. Issue: Access. The case was settled for $850,000. Nursing student Hipaa violation - HIPAA Challenges - allnurses Issue: Safeguards. Fines for "reasonable cause" violations range from $100 to $50,000. Resolution Agreements. The cost-of-living adjustment multiplier for 2023 is 1.07745, but this has not officially been applied by the HHS. 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. Covered Entity: Pharmacies Covered Entity: General Hospital (PDF) HIPAA violations among nursing students: Teachable - ResearchGate Jussie Smollett Case: 50 Hospital Workers Fired For Alleged HIPAA OCR investigated the breach and discovered multiple violations of the HIPAA Privacy and Security Rules. Read More, Raleigh Orthopaedic Clinic, P.A., of North Carolina over alleged violations of HIPAA Rules. The case was settled for $5,100,000. Covered Entity: General Hospital the practice settled the case with OCR for $80,000. Read more, In 2015, Excellus Health Plan reported a breach of the ePHI of 9,358,891 individuals. Examples of HIPAA Violations and Common Scenarios Concentra has agreed to pay OCR $1,725,220 to resolve the case. 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, A patient of University of Cincinnati Medical Center filed a complaint with OCR after not being provided with her requested records more than 13 weeks after submitting a request. HIPAA violation penalties are tiered based on the level of negligence determined by the Department of Health and Human Services or the state attorney general. The case was settled with OCR for $30,000. Shaila Mae. The man sued the clinic, even though it had already dismissed the nurse from her job. Social media use and ethics violations: Nurses' responses to 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. Skagit County agreed to pay OCR $215,000 following the exposure of data of seven individuals. Read More. The private practice maintained that the disclosure to the contract research organization was permissible as a review preparatory to research. OCR received a complaint from a patient who alleged he had been denied access to his medical records. For example, texting or calling a coworker to ask about a shared patient's case would be a HIPAA violation. The Privacy Rule requires covered entities to provide individuals with access to their medical records; however, the Privacy Rule exempts psychotherapy notes from this requirement. A state health sciences center disclosed protected health information to a complainant's employer without authorization. OCR settled the case for $65,000. Read More, The Department of Health and Human Services Office for Civil Rights (OCR) imposed a $1.6 million civil monetary penalty (CMP) on Texas Health and Human Services Commission (TX HHSC) for multiple violations of HIPAA Rules discovered during the investigation of an exposed internal application containing ePHI. All Case Examples. On September 29, 2011, a portable USB storage device (pen drive) was left overnight in the IT Department from where it was stolen. Issue: Safeguards; Impermissible Uses and Disclosures. 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. Regulatory Changes But it's vital. 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. Another way to prevent HIPAA violations on social media is to get proper compliance training for your staff. Issue: Access, Authorization. A settlement of $85,000 was agreed upon with OCR to resolve the HIPAA violation. The device contained a range of patients ePHI, including full names, Social Security numbers, and dates of birth. Prison Time for Scheme to Frame Nurse for HIPAA Violations. An OCR investigation also indicated that the confidential communications requirements were not followed, as the employee left the message at the patients home telephone number, despite the patients instructions to contact her through her work number. OCR determined this breached the HIPAA Right of Access provision of the HIPAA Privacy Rule. 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. OCR received a complaint from a patient who had not been provided with her medical records after a 2-month wait. 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 employee responsible for the disclosure received a written disciplinary warning, and both the employee and the physician apologized to the patient. Covered Entity: Health Care Provider Therefore you should assess employees security awareness as part of a risk analysis to see if more training is required. Covered Entity: Health Care Provider / General Hospital Washington, D.C. 20201 Toll Free Call Center: 1-800-368-1019 University of Texas MD Anderson Cancer Center was ordered to pay a civil monetary penalty of $4,348,000. The case was settled for $3,500. Read More, Steven A. Porter, M.D.s gastroenterological practice in Ogden, UT reported a breach to OCR involving a medical record company that was blocking access to patients ePHI until a bill was paid. HIPAA Journal states that if a nurse violates HIPAA, it is important that the incident is reported to the person responsible for HIPAA compliance in your facility or your supervisor. Your Privacy Respected Please see HIPAA Journal privacy policy. On Tuesday, the Department of Justice said Jeffrey Parker of Rincon . Between October 23, 2009, and March 7, 2010 part of its database of policyholders was accessible to unauthorized individuals. Covered Entity: Private Practices 3. Case Examples by Issue. 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. 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. Issue: Impermissible Uses and Disclosures; Authorizations. What Should Happen If a Nurse Violates HIPAA? The four categories range from unknowing violations to willful disregard of HIPAA rules. OCR required the covered entity to cease using the patient agreement that conditioned the entitys compliance with the Privacy Rule. The case was settled for $2.175 million. Raleigh Orthopaedic has agreed to pay OCR $750,000 for failing to enter into a business associate agreement (BAA) with a vendor before handing over the protected health information (PHI) of 17,300 patients in 2013. Social Media HIPAA Violations by Nurses - Law Office of Nicole Irmer If a nurse breaches HIPAA, a patient cannot sue the nurse directly for a HIPAA breach. OCR received a complaint from a patient who alleged AIMS refused to give her a copy of her medical records. OCR determined there had been a risk analysis failure and the case was settled for $100,000. OCR settled the case for $3,500. Case Examples. Failure to report a violation could have serious consequences. Court Holds Up Termination for Nurse HIPAA Violation renewals of licenses or APRN authorizations, or both. Issue: Impermissible Uses and Disclosures. 4) Loss or Theft of Devices. Case Examples Organized by Issue | HHS.gov