Can I Get Fired For An Accidental Hipaa Violation
Health care employers should not go easy on employees who violate HIPAA, even if it is difficult to find good providers and the law is complicated. Corrective actions must be taken, and employees should be included in the process.
Understand HIPAA regulations.
What is HIPAA Security Rule?
The HIPAA Security Rule is an important regulation established by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to safeguard a particular category of data protected by the HIPAA Privacy Rule. The Privacy Rule standards concentrate on the way entities that are subject to it utilize and share health information, also known as "protected health information" of individuals.
What are the consequences of accidental HIPAA violations?
Accidental HIPAA violations can have serious consequences for both the individuals whose privacy has been breached and the covered entity involved. Impermissible sharing of an individual's PHI cannot be reversed and may lead to negative ramifications. Therefore, steps should be taken to reduce any potential negative impact to the lowest level possible.
Review employer's policies.
Can Employees Who Violate HIPAA Rules Be Terminated?
Employees who violate HIPAA rules, such as accidentally disclosing too much PHI, may receive further training as a consequence. However, the termination of employment is only typically reserved for more serious HIPAA violations, such as unauthorized access to patient records (snooping).
Follow HIPAA rules and regulations.
Who must follow the HIPAA regulations?
The entities that must follow the HIPAA regulations are called "covered entities" and include health plans such as health insurance companies, HMOs, company health plans, and certain government programs that pay for health care, such as Medicare and Medicaid.
What is the HIPAA breach notification rule?
The HIPAA Breach Notification Rule mandates covered entities to promptly notify individuals of any breaches, within 60 days of discovering a data breach. Failure to comply with this rule has resulted in common HIPAA violations, leading to penalties issued in 2022.
Can a covered entity violate HIPAA?
Yes, there are many ways in which a Covered Entity or Business Associate can violate HIPAA, beyond just unauthorized uses and disclosures of PHI. This is a common misunderstanding about HIPAA.
Can I sue someone for HIPAA violations?
According to federal law, it is not possible for a private individual to sue for HIPAA violations. Medical providers are prohibited from sharing health information without the patient's consent, but patients cannot file a lawsuit for compensation under HIPAA regulations.
Document any accidental violations.
What happens if an employee violates HIPAA?
In the case of a HIPAA violation by an employee, the company can choose to handle the matter internally, possibly resulting in disciplinary action against the individual, which may lead to suspension pending an investigation or even termination. Ultimately, the severity and nature of the violation will determine the employee's consequence.
When should a business associate report Accidental HIPAA violations?
The business associate should report accidental HIPAA violations to the covered entity as soon as possible, providing detailed information about the accidental disclosure of PHI or breach. This reporting should be done in a formal and non-exaggerated tone, avoiding any negative or biased statements and refraining from using conjunction words or possessive adjectives.
What happens if I don't fill out a HIPAA form?
Failure to fill out a HIPAA form results in an invalid form, and sharing any related information to a third party would violate HIPAA regulations. Additionally, unprotected storage of private health information, such as a stolen laptop, can lead to potential HIPAA violations.
Take corrective action immediately.
What happens when HIPAA rules are violated by employees?
If healthcare employees violate HIPAA rules, they may face criminal charges, resulting in financial penalties and possible imprisonment. The Department of Justice can prosecute these cases, and termination is not the worst outcome. It is essential for healthcare employees to follow HIPAA guidelines to avoid legal consequences.
HIPAA Violations and Employee Discipline: What Should You Do?
When dealing with a HIPAA violation committed by an employee, the disciplinary action should correspond to the type of breach that occurred, as outlined in the policy manual. There are three levels of breach with corresponding employee penalties, and it is important to maintain a formal and unbiased tone when addressing the issue. Avoid using possessive adjectives and negative statements in your communication with the employee.
What is an accidental HIPAA violation?
According to HIPAA Journal, accidental HIPAA violations may occur even when employees take great care. In case of a violation, an internal investigation will determine whether it is a reportable breach under provisions of the HIPAA Breach Notification Rule.
Who was the first healthcare employee to go to jail for HIPAA?
A doctor was the first healthcare employee who was sent to jail for a HIPAA violation. As reported in the data source, the doctor was sentenced to four months in federal prison. The case involves the University of Rochester Medical Center where multiple breach reports were filed regarding lost or stolen portable devices containing ePHI. The violation was worth $3 million.
Notify supervisor of the violation.
How do I report a HIPAA violation?
Healthcare or insurance professionals should report suspected HIPAA violations to a supervisor, the organization's Privacy Officer, or the individual responsible for HIPAA compliance within the organization. This information was updated for 2022 and can be found on the HIPAA Journal's website. It is important to report the incident in a formal and unbiased tone without exaggeration or negative statements. Punctuation should be used appropriately, and conjunction words and possessive adjectives should be avoided in the report.
Notify appropriate parties of the breach.
What should business associates know about an accidental HIPAA violation?
Business associates involved in an accidental HIPAA violation should report extensive details about the incident and the steps taken to mitigate the situation to the covered entity. This will help the entity to make an informed decision on the appropriate course of action to take.
What happens if a business associate breaches protected health information?
When a business associate breaches protected health information, they are required to notify the covered entity about the breach within 60 days from the discovery of the breach without any unreasonable delay. This notification rule is a requirement under the Breach Notification Rule.
Are HIPAA violations reportable?
HIPAA violations are reportable incidents and it is the responsibility of the covered entity to evaluate and determine if the incident is covered by the Breach Notification Rule. Correct determination must be made following the incident.
Seek legal advice if necessary.
What should I do if I'm facing unfair termination?
Consult with an experienced and knowledgeable wrongful termination lawyer immediately. This legal professional can inform you of your state's employment laws and advise you about your legal options.
What happens if an employee is fired for reporting wrongful activities?
If an employee is fired for reporting wrongful activities, it can be considered as unfair termination. This may not be considered strictly illegal, but it goes against the public policy and can harm society. The employer can be held liable by the court in such cases.
Can an employer fire an employee for no reason?
In the majority of states, employers have the authority to terminate an employee at any point for any reason on an "at-will" basis. However, if an employee is under a contractual agreement, their employer must adhere to the terms outlined in the contract when considering termination.
Is firing an employee illegal?
Firing an employee may not necessarily be considered illegal, but it can be deemed a violation of public policy, which has a negative impact on society. In these cases, the employer may be held accountable by the court system. Unfair termination laws exist to safeguard employees against unfair and exploitative labor practices.
Monitor your work to avoid future violations.
Should health care employers go easy on employees who violate HIPAA?
Health care employers should not go easy on employees who violate HIPAA, even if it is difficult to find good providers and the law is complicated. Corrective actions must be taken, and employees should be included in the process.
How should health care facilities respond to a HIPAA privacy breach?
Health care facilities must respond promptly to a HIPAA privacy breach with a risk analysis, policy review, and appropriate modifications to minimize the risk of future violations. Additionally, security policies and procedures must extend to employees' personal devices to prevent the downloading of PHI into personal devices like laptops or hard drives.
How can compliance officers help prevent HIPAA violations?
The article discusses how employees can assist in preventing HIPAA violations, with compliance officers utilizing technological solutions, sanctions policies, and a more positive approach. There is no specific mention of how compliance officers themselves can help prevent HIPAA violations.
How do employees report HIPAA violations?
Employees self-report HIPAA violations they or their coworkers commit. The Department of Health and Human Services Office for Civil Rights (OCR) investigates HIPAA complaints.
