The Health Insurance Portability and Accountability Act (HIPAA) aims to protect sensitive patient health information. Under HIPAA, medical professionals cannot disclose protected health information without patient consent.
Even when medical staff are careful, HIPAA violations can still happen. The consequences can vary, but it can include suspension and, in some cases, revocation of licenses.
How can accidental HIPAA violations occur?
Unintentional sharing of protected health information (PHI) can happen in many ways. Some examples include:
- Sending patient data to the wrong email address
- Leaving patient files visible on an unattended computer
- Failing to get rid of patient documents correctly
- Losing unsecured devices containing PHI
Remember that any leak of private patient details can count as a HIPAA violation, even if it only affects one patient or if that patient does not find out about it.
How should medical professionals handle accidental violations?
The most important thing to do is to report the HIPAA violation, regardless of how it occurs. Health care staff who make such mistakes must report them to their privacy or compliance officer. Most hospitals will have someone responsible for HIPAA compliance.
Hospitals must report breaches affecting 500 or more patients to the U.S. Department of Health and Human Services (HHS) within 60 days of discovery.
What are the potential consequences?
What happens after an accidental HIPAA violation will depend on several factors, such as:
- How the error happened
- The number of people affected
- The type of information involved
- The harm caused
- How careless the mistake was
Usually, minor cases lead to less severe penalties. These may include fines starting at $100 per violation.
On the other hand, major errors often face heavier punishments. These may include heftier fines, job loss, lawsuits, and suspension or revocation of professional licenses.
How can professionals protect their licenses?
Attorneys who handle licensing issues can represent professionals before licensing boards and during investigations. Legal guidance can help weaken the impact of the case and work toward the best outcome possible.
