In 2020 alone, healthcare data breaches spiked to a staggering 55%, with almost 600 data breaches that affected over 26 million people. In the healthcare industry, protecting sensitive information is paramount. The thing is, HIPAA violations can result in financial penalties that run as high as $1.5 million.
Now, even though you have no control over data breaches, being HIPAA compliant means reducing risks to an acceptable level. Some breaches may not be a result of a HIPAA violation, and the OCR will investigate. Still, it’s important that you conduct HIPAA compliance reviews to avoid HIPAA violations in your practice.
In this guide, we will explore some of the most common HIPAA violations everyone in the healthcare industry should watch out for.
- Unsecured and Unencrypted Patient Records
Patient records contain different types of identifiable PHI information. This sensitive information must be encrypted and safeguarded under the privacy rule. Failure to encrypt records with Protected Health Information is one of the major HIPAA violations in the healthcare industry.
Whether you keep patient records electronically or in physical copies, you and your staff need to know where all files are placed. It would be a grave mistake to leave patient records on a counter or unattended and exposed to unauthorized access.
HIPAA regulations require that all patient records be kept secure. Away from unapproved staff, family members, passersby, and prying eyes. Train all your employees to securely lock files and cabinets.
Encrypt and password-protect all your digital files. It’s quite easy for cybercriminals to access patient information that’s not encrypted.
- Snooping on Healthcare and Patient Records
Patient privacy is paramount. Still, you’ll find that snooping on patient health records is one of the most common HIPAA violations in the healthcare industry.
Accessing health care records for any reason that’s not included in the privacy rule is a violation of patient security. Reasons allowed in the privacy rule include treatment, healthcare operations, or payment.
Out of curiosity, you may find your stuff snooping on health care records. Records of their friends, family members, coworkers, neighbors, or celebrities. This is a common HIPAA violation by employees and something you want to watch out for.
When such violations happen, it results in employee termination. However, it could lead to criminal charges as well. Additionally, you may get financial penalties for failing to prevent snooping.
- Failure to Train Employees
Your employees will handle and discuss identifiable healthcare information regularly. If they misuse this sensitive information, it could lead to a breach of PHI. Some employees will do it unknowingly, compromising business security.
Misuse could happen through conversations about patients in public places. They may also discuss PHI on social media networks. For this reason, any employee that accesses patient information should be trained and briefed on how to protect PHI.
Make your employees understand what actions would constitute a PHI breach. Help employees understand all procedures necessary to safeguard sensitive patient records. Make them understand HIPAA regulations and violations and how to stay HIPAA compliant at all times.
- Improper Disposal of PHI
Apart from storing and encrypting patient information, you must dispose of PHI materials properly. It’s vital for you to be wary of how you dispose of medical records you no longer use, whether physical or digital. All documents should be destroyed permanently so they don’t end up in the wrong hands.
To stay compliant with HIPAA rules, all physical copies should not only be shredded but burned as well. All electronic healthcare information should be fully wiped from the device. You can go a step further and completely destroy the devices or hard drives where the ePHI was stored.
You should set up clear standards when it comes to disposing of these materials within your healthcare practice. Everyone should know what’s required so you can be assured that the materials are permanently destroyed every time. This way, you’ll be assured of information security.
- Failure to Perform Wide Risk Analysis
Failure to perform a wide risk analysis in your organization would be a grave HIPAA violation. It’s very common in the healthcare industry and usually results in a financial penalty for their organization.
You must perform a risk analysis regularly. It’ll help you determine whether there are vulnerabilities to the integrity and confidentiality of PHI. Without this, risks will remain unaddressed, and you’ll be exposed to cybercriminals and hackers.
Moreover, you should have a risk management process. You see, knowing about HIPAA violation risks in your organization is one thing. Failing to address those issues is another common HIPAA violation in itself.
- Denying Patients Access to Health Records
The HIPAA privacy rule allows patients the right to access their medical records and get copies on request. This gives the patients an opportunity to check for medical errors and share them with other individuals or entities.
Denying a patient their healthcare records or overcharging for copies is a HIPAA violation. Failing to provide them within 30 days is also a violation.
- Hacking and Device Theft
With cyber security on the rise, hacking has become a threat in the healthcare industry. There are malicious people out there looking to use this information for their own selfish gains. You need to protect your patient information against hacking however possible.
Some of the measures you can take include keeping antivirus software active and updated on all devices. Use firewalls as an extra layer of protection and create unique passwords. Apart from hacking, loss or theft of devices is another risk that could lead to a breach of HIPAA.
All devices containing PHI need to be stored securely with encrypted data and password protected at all times. If these devices are lost or stolen, it will expose the PHI data to other parties. Avoid carrying any devices with PHI or ensure you never leave them exposed to theft.
Common HIPAA Violations in the Healthcare Industry
There you have it! These are some of the most common HIPAA violations in the healthcare industry. You could face hefty penalties and fines for non-compliance, so ensure you stay compliant at all times.
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