Overview
HIPAA ensures that healthcare providers keep the personal information of patients safe. Despite this noble goal, there are several reasons that should incentivize providers to always keep HIPAA compliance at the top of their priorities.
This article will cover the legal aspects of violating HIPAA regulations, as well as the importance of training employees to keep safeguards.
Violation fines and jail time
Noncompliance with HIPAA regulations results in fines ranging from $100 to $50k. This number only covers a single violation.
Note that some settlements regarding HIPAA violations reached millions of dollars (more on that next).
As for jail time, obtaining and misusing personal health information can lead to violation penalties that may include up to 10 years of jail time.
Common disruption of HIPAA violation rules
1. Snooping on healthcare records
Illegal access to the health records of patients is a violation of their privacy.
In fact, snooping on the health records of patients, family members, and celebrities is a very common HIPAA security violation.
The discovery of these violations leads to the layoff of the culprit employee but could also develop into criminal charges.
2. Failure to perform an organization-wide risk analysis
The failure to perform an organization-wide risk analysis is one of the most common HIPAA violations that leads to financial penalties. If you want to read more about HIPPA violations visit https://compliancehome.com/
Unfortunately, many facilities ignore the vitality of performing regular risk analyses to detect any vulnerabilities in their systems. As a result, cyber hackers find it unchallenging to breach their data centers.
Examples of HIPAA settlements for the failure to conduct risk assessment include:
Premera Blue Cross – $6,850,000 settlement for risk analysis failure (other violations were present).
Excellus Health Plan – $5,100,000 settlement for risk analysis failure (other violations were present).
Cardionet – $2.5 million settlement due to defective risk analysis.
Cancer Care Group – $750,000 settlement due to non-compliance with enterprise-wide risk analysis.
3. Failure to manage security risks
When you conduct risk analysis and you discover some vulnerabilities but do not act on them, it is also a violation of HIPAA penalties.
For this reason, you need to address any potential breaches in a timely manner. Failing to do so is penalized by the Office for Civil Rights.
Examples of HIPAA settlements for the failure to manage identified risk include:
Alaska Department of Health and Social Services – $1.7 million penalty for failing to perform risk analysis management.
University of Massachusetts Amherst (UMass) – $650,000 penalty for failing to perform risk management.
Metro Community Provider Network – $400,000 penalty for failing to perform risk management.
Anchorage Community Mental Health Services – $150,000 penalty for failing to perform risk management.
4. Entering a non-compliant business associate agreement
Another HIPAA security violation is failing to enter into a compliant business associate agreement with the parties that have access to PHI
Note that having business associate agreements for all vendors does not mean it is HIPPA-compliant. This is especially the case when there has not been a revision after the Omnibus Final Rule.
Examples of HIPAA settlements for the failure to enter into a HIPAA-compliant business associate agreement include:
Raleigh Orthopaedic Clinic, P.A. of North Carolina – Led to a $750,000 settlement.
North Memorial Health Care of Minnesota – Led to a $1.55 million settlement.
Care New England Health System– Led to a $400,000 settlement.
5. Impermissible disclosures of protected health information
Disclosing protected health information is against the rules of HIPPA. Therefore, it can lead to financial penalties.
Here are the common categories of disclosing PHI:
- Disclosing information to the patient’s employer
- Leaking information following unencrypted computer compromise
- Inattentive processing of PHI
- Unnecessary disclosure of PHI
- Disclosing PHI after the expiration of patient authorizations
Examples of HIPAA settlements for impermissible disclosures of PHI include:
Memorial Hermann Health System – $2.4 million.
New York-Presbyterian Hospital – $2,200,000.
Massachusetts General Hospital– $515,000.
Luke’s-Roosevelt Hospital Center – $387,000.
What is a HIPAA training program?
A HIPAA compliance training program aims to educate everyone who has access to patient health information. Any person who has access to or handles healthcare information needs to have appropriate HIPAA training by law.
Following a comprehensive HIPAA training program minimizes the risk of human error and subsequent fines. It also saves time and money for healthcare providers.
Why use a HIPAA compliance training program?
Keeping employees trained and up to date with HIPAA regulations reduces the chances of violations.
Here are some of the reasons to implement a HIPAA training program:
Reduce financial risks
By training employees in HIPAA regulations, the chances of violations and fines will diminish. This will limit financial burdens on healthcare providers.
Save time and money
Training employees in large healthcare organizations, such as hospitals, can be extremely challenging to do internally. Using HIPAA training services can save you time, money, and logistics. Instead of dedicating working hours to training employees, opting for these services allows personnel to complete training based on their schedules.
Reduce human error
HIPAA standards are changing all the time. Enrolling employees in HIPAA training is the only way to keep them up to date. This will reduce human error due to ignorance of policy changes.
How HIPAA training programs work
Attending the course can be done in person or via online sessions. A HIPAA training program is divided into three steps:
Training preparation
Deciding whether you want employees to attend physical classes or online sessions is the first step to starting a HIPAA training program.
Training day
A specialist with a training curriculum teaches employees about HIPAA basics, applications, penalties, and best practices to avoid noncompliance. This requires giving employees a day off to attend classes.
For online training, however, employees can attend classes on their own schedules.
Certificates of completion
Completing the HIPAA compliance training provides employees with a certificate of completion. We refer to them as HIPAA-certified in the field.
Takeaway message
Training employees about the importance of HIPAA regulations and the penalties that could arise from violating them is vital to save time and money.
We hope that this article managed to explain the benefits of enrolling employees in a HIPAA training program, as well as the potential fines and jail time that stem from noncompliance.
