In response, the hospital instituted a number of actions to achieve compliance with the Privacy Rule. To avoid these, a proactive approach should include a regular risk assessment and corrective action plan. 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. Shaila Mae. OCR intervened and provided technical assistance on the HIPAA Right of Access but received a second complaint when the records had still not been provided. It took 225 days from the initial request for the records to be provided. OCR found that the owner of the practice had responded to several reviews and disclosed ePHI, even disclosing the names of patients in the responses who had chosen to post reviews anonymously. Read More, The Californian general dental practice, New Vision Dental, was investigated by OCR following reports about impermissible disclosures of patients protected health information on the review platform Yelp. However, the patient was not covered by workers compensation and had not identified workers compensation as responsible for payment. State Attorney Generals can also impose financial penalties on HIPAA-covered entities and business associates for violations of the HIPAA Rules. HIPAA requires nurses and other health care professionals to report any violations they witness, even if they recognize it was accidental. 2021 HIPAA Right of Access Enforcement Actions Other 2021 HIPAA Violation Penalties The case was settled with OCR for $300,640. 200 Independence Avenue, S.W. 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. Read More, Associated Retina Specialists in New York took 5 months to provide a patient with the requested medical records. Case Examples by Issue. Upon learning of the incident, the hospital placed both employees on leave; the orderly resigned his employment shortly thereafter. Mental Health Center Provides Access and Revises Policies and Procedures Read More, OCR fined Pagosa Springs Medical Center $111,400 for the failure to terminate a former employees access to a web-based scheduling calendar, which resulted in an impermissible disclosure of 557 patients ePHI. OCR intervened and closed the case but received a second complaint a year later alleging the records had still not been provided. OCR imposed a civil monetary penalty of $100,000. The case was settled and a financial penalty of $28,000 was paid. Read More, An investigation of five separate breaches at HIPAA-covered entities owned by Fresenius Medical Care North America revealed multiple HIPAA violations had contributed to the breaches. The case was settled for $100,000. A grocery store based pharmacy chain maintained pseudoephedrine log books containing protected health information in a manner so that individual protected health information was visible to the public at the pharmacy counter. 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. OCR also determined there had been a risk analysis failure, a failure to implement Privacy Rule policies, and unique IDs had not been provided to all employees to track information system activity. The case was settled for $850,000. Covered Entity: Health Care Provider Disciplinary actions are part of the public record. Issue: Impermissible Uses and Disclosures. Metro Community Provider Network (MCPN) has agreed to pay OCR $400,000 and adopt a robust corrective action plan to resolve all HIPAA compliance issues identified during the OCR investigation. Back to Top Enforcement Highlights and Numbers at a Glance Current Enforcement Highlights Enforcement Highlights Archived by Month Public Hospital Corrects Impermissible Disclosure of PHI in Response to a Subpoena Read More, OCR received a complaint from a patient of California-based Riverside Psychiatric Medical Group in March 2019 alleging he had not been provided with a copy of his medical records. Convicted of a crime substantially related to the qualifications, functions, and duties of an RN: 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. HIPAA Advice, Email Never Shared OCR required the covered entity to cease using the patient agreement that conditioned the entitys compliance with 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. Read more, The dental practice with offices in Charlotte and Monroe, NC, impermissibly disclosed a patients PHI on a webpage in response to a negative online review. 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. MAPFRE has agreed to a $2,200,000 settlement with OCR. 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. 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. FileFax agreed to settle the alleged HIPAA violations for $100,000. The private practice maintained that the disclosure to the contract research organization was permissible as a review preparatory to research. The financial penalties imposed by OCR in 2020 for HIPAA Right of Access violations ranged from $15,000 to $160,000 and stemmed from refusals to provide copies of records or long delays. The case was settled with OCR for $30,000. Read More, The solo dental practitioner in Butler, PA, failed to provide a patient with a copy of their medical record in a timely manner. The previous record was the $3.5 million settlement with Triple S Management Corporation agreed in November 2015. There may be a viable claim, in some cases, under state laws. OCR determined that the private practice denied the individual access to records to which she was entitled by the Privacy Rule. The disclosed information included details of patients visits, treatment, and insurance. The case was settled for $15,000. Read more, Renown Health, a not-for-profit healthcare network in Northern Nevada, failed to provide a patients attorney with a copy of her medical and billing records within 30 days. Criminal HIPAA violations and penalties fall under three tiers: Tier 1: Deliberately obtaining and disclosing PHI without authorization up to one year in jail and a $50,000 fine Tier 2: Obtaining PHI under false pretenses up to five years in jail and a $100,000 fine Read More, Office for Civil Rights has agreed to its largest-ever financial penalty for a violation of the Health Insurance Portability and Accountability Acts Privacy and Security Rules. Read More, Athens Orthopedic Clinic PA in Georgia had its systems hacked in 2016. renewals of licenses or APRN authorizations, or both. Issue: Access. Read More, ACPM Podiatry in Illinois did not provide a former patient with his requested records, and despite the intervention of OCR, the patient was still not provided with the requested records due to the non-payment of a bill by the insurance company. The new procedures were incorporated into the standard staff privacy training, both as part of a refresher series and mandatory yearly compliance training. 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. Read More, Danbury Psychiatric Consultants in Massachusetts received a request for medical records on March 24, 2020, but access to the records was refused due to an outstanding bill. 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. Issue: Access, Authorization. OCR provided technical assistance and closed the case, but the records were still not provided. OCR intervened and the records were provided 8 months after the initial request. Activities considered preparatory to research include: preparing a research protocol; developing a research hypothesis; and identifying prospective research participants. The case was settled for $3 million. Read More, OCR imposed a $2.154 million civil monetary penalty against the Miami, FL-based nonprofit academic medical system, Jackson Health System (JHS), for a slew of violations of HIPAA Privacy Rule, Security Rule, and Breach Notification Rule. 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. Covered Entity: General Hospitals 4) Loss or Theft of Devices. Under the Notice of Enforcement Discretion, the maximum annual penalty for a violation could be capped at $25,000 for tier 1, $100,000 for tier 2, and $250,000 for tier 3. Reports can be filed either through internal channels or electronically through the Department of Health and Human Services. Dr. Glazer did not cooperate with OCR during the investigation, resulting in OCR imposing a civil monetary penalty of $100,000 for the HIPAA Right of Access violation. 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. The ePHI of 62,500 patients was exposed. The nurse sent six text messages, warning the man's girlfriend about the disease. Issue: Impermissible Uses and Disclosures; Safeguards. HIPAA Violations: Nurse Looked At Her Mother's, Sister's Charts, Termination Upheld. In August 2012, Cancer Care Group discovered a laptop computer and unencrypted backup drive had been stolen from the vehicle of an employee. Read More, Wise Psychiatry is a small provider of psychiatric services in Colorado. Covered Entity: General Hospital 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. U.S. Department of Health & Human Services Covered Entity: Health Plans 1. Scott Harris and the rest of our team at S J Harris Law will be ready to help you pursue any option available that allows you to keep your license and continue working, no matter what industry you are in. Regulatory Changes As of July 2022, there have been 38 HIPAA Right of Access cases under this compliance initiative that resulted in financial penalties. Issue: Impermissible Disclosure-Research. Covered Entity: Health Plans / HMOs The patient filed a complaint with OCR and the records were eventually provided more than 10 months later. There are four tiers of HIPAA violation penalties for nurses, ranging from unknowing violations to willful neglect of HIPAA Rules. Comments and replies to someone else's post, chat room gossip (even if it's a private room) or leaving a review on a site like Yelp opens the door for potential HIPAA violations. A violation of HIPAA attributable to ignorance can attract a fine of $100 - $50,000. Violations related to HIPAA laws have serious consequences, including job loss and other penalties. Read More, All Inclusive Medical Services, Inc. (AIMS) is a Carmichael, CA-based multi-specialty family medicine clinic. OCR settled the case for $65,000. Alternatively, financial penalties can be imposed if a breach of ePHI violates state laws. Covered Entity: Pharmacies Among other steps to resolve the specific issue in this case, OCR required the private practice to revise its access policy and procedures to affirm that, consistent with the Privacy Rule standards, patients have access to their record regardless of whether another entity created information contained within it. Read More, An article published in the LA Times started a sequence of events that has now resulted in Shasta Regional Medical Center (SRMC) agreeing to a settlement of $275,000 for its violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. Criminal violations of HIPAA Rules are dealt with by the U.S. Department of Justice. The case was settled for $70,000. Read More, Lifespan Health System Affiliated Covered Entity is a Rhode Island healthcare provider. The HHS` Office of Civil Rights receives between 1,200 and 1,500 complaints and notifications of breaches per year. Issue: Minimum Necessary; Confidential Communications. Between 2005 and 2019, healthcare data breaches affected nearly 250 million people. Covered Entity: Health Care Provider / General Hospital By Jill McKeon. ACMHS has agreed to settle the case with OCR for $150,000. Delivered via email so please ensure you enter your email address correctly. The Phoenix, Arizona-based non-profit health system, Banner Health, experienced a hacking incident that resulted in the impermissible disclosure of the PHI of 2.81 million individuals in 2016. The device was not protected by a password and data on the device was not encrypted. Among other corrective actions to resolve the specific issues in the case, OCR required the covered entity to revise its policy. 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. Issue: Safeguards, Minimum Necessary. A mother requested a copy of her sons medical records, but the records had not been provided three months after submitting the request. Read More, Paradise Family Dental was investigated in response to a complaint that a parent had not been provided with a copy of her minor childs medical records, despite submitting multiple requests to the practice. Case Examples. Read More, Memorial Hermann Health System agreed to settle potential HIPAA Privacy Rule violations with the Department of Health and Human Services Office for Civil Rights for $2.4 million. Issue: Notice. On September 29, 2011, a portable USB storage device (pen drive) was left overnight in the IT Department from where it was stolen. Another way to prevent HIPAA violations on social media is to get proper compliance training for your staff. After treating a patient injured in a rather unusual sporting accident, the hospital released to the local media, without the patients authorization, copies of the patients skull x-ray as well as a description of the complainants medical condition. OCR intervened and closed the case but received a second complaint 6 months after the first stating the records had still not been provided. Issue: Access. Covered Entity: Pharmacy Chain A Nurse's Guide to the Use of Social Media discusses the case of a hospice nurse whose cancer patient had posted about her depression. Covered Entity: Health Plans National Pharmacy Chain Extends Protections for PHI on Insurance Cards A violation of HIPAA attributable to ignorance can attract a fine of $100 $50,000. Read More, CHSPSC LLC isa Tennessee-based management companythat provides services to affiliates of Community Health Systems. As HIPAA violations are so severe, and may result in huge fines for Covered Entities, if . Case Examples by Covered Entity. Educators worry about the confidentiality of all student information, particularly the data relied upon in developing and implementing IEPs and Section 504 plans, often on account of "HIPAA . Here are the top five misconceptions about FERPA and HIPAA that I regularly address in my work with schools. After being notified by OCR about a proposed fine of $105,000, Dr. Brockley requested a hearing with an Administrative Law Judge, but settled out of court and agreed to a fine of $30,000. Documentation was uncovered that clearly showed that mobile devices were believed to represent a critical security risk, yet action was not taken to address this issue in time to prevent the data breach. Not necessary. Hospital Revises Email Distribution as a Result of a Disclosure to Persons Without a "Need to Know" The OCR investigation revealed a lack of business associate agreements, insufficient access rights, a risk analysis failure, a failure to respond to a security incident, a breach notification failure, media notification failure. 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. Fresenius Medical Care North America settled the case for $3,500,000. Pharmacy Chain Institutes New Safeguards for PHI in Pseudoephedrine Log Books And when data breaches like this occur, it's usually because of a HIPAA violation. Contacting individuals to participate in a research study is a use or disclosure of protected health information (PHI) for recruitment, as it is part of the research and is not an activity preparatory to research. Covered Entity: Private Practice Read More, Orlando, FL-based primary care provider, Health Specialists of Central Florida Inc., was investigated by OCR after receipt of a complaint from a woman who had not been provided with a copy of her deceased fathers medical records. 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. OCR investigated and identified longstanding, systemic noncompliance with the HIPAA Security Rule, including risk analysis and risk management failures, and the failure to provide security awareness training to employees. An employee at a mid-size clinic was involved in a suit when an auto collision victim sued her spouse. Resolution Agreements. Clinic Sanctions Supervisor for Accessing Employee Medical Record The case was settled for $160,000. Read More, A $2.5 million settlement has been agreed upon with CardioNet to resolve potential HIPAA violations. OCR settled the case for $5,000. The hospital also trained relevant staff members on the new procedures. The office informed all its employees of the incident and counseled staff on proper faxing procedures. OCR received a complaint from a patient who had not been provided with a copy of his medical records. 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. Covered Entity: Private Practice In addition to corrective action taken under the Privacy Rule, the state attorney general's office entered into a monetary settlement agreement with the patient. The case was settled for $65,000. OCR settled the case for $30,000. The case was settled with OCR and a 23,000 financial penalty was imposed.
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