cyber secuity

When an employee is discovered to have knowingly or unknowingly violated HIPAA Rules there are likely to be repercussions for the individual concerned. Some healthcare organizations have strict rules on violations of HIPAA Rules and regularly terminate employees for HIPAA violations. Others have a policy of dealing with minor HIPAA violations internally. Depending on the nature of the violation, the incident may warrant disciplinary action against the individual concerned which could see the employee suspended pending an investigation. Termination for a HIPAA violation is a possible outcome.

Willful violations of HIPAA Rules, including theft of PHI for personal gain or use of PHI with intent to cause harm, can result in criminal penalties for HIPAA violations. HIPAA-covered entities are likely to report such incidents to law enforcement and investigations will be launched. Complaints about HIPAA violations submitted to the Office for Civil Rights can be referred to the Department of Justice to pursue criminal penalties, including fines and imprisonment. Criminal prosecutions are rare, although theft of PHI for financial gain is likely to result in up to 10 years in jail.

An unintentional acquisition, access, or use of protected health information by a workforce member in which the acquisition, access, or use was made in good faith and within the scope of authority would not be a reportable breach and may not necessarily result in disciplinary action.

Willful neglect is the worst type of violation. But even an accidental HIPAA breach will often result in a fine. HIPAA violation due to willful neglect but the violation is corrected within the required time period then $10,000 per violation, with an annual maximum of $250,000 for repeat violations and if HIPAA violation is due to willful neglect and is not corrected then $50,000 per violation, with an annual maximum of $1.5 million.

Reference

Journal, H. (2017, November 03). What Happens if a Nurse Violates HIPAA? Retrieved from https://www.hipaajournal.com/what-happens-nurse-violates-hipaa/