It took 225 days from the initial request for the records to be provided. Moreover, the entity was required to train of all staff on the revised policy. According to the Massachusetts General Law, Chapter 112, Section 77, the Board must report disciplinary actions to national data reporting systems. Some cases also can result in imprisonment up to one year for a standard violation and imprisonment for up to five years for a violation committed under false pretenses. Upon learning of the incident, the hospital placed both employees on leave; the orderly resigned his employment shortly thereafter. Among other corrective actions to resolve the specific issues in the case, OCR required that the pharmacy chain implement national policies and procedures to safeguard the log books. A private practice denied an individual access to his records on the basis that a portion of the individual's record was created by a physician not associated with the practice. UMMC has also agreed to adopt a corrective action plan (CAP) to bring privacy and security standards up to the level required by HIPAA. The minimum fines are $100 per violation for tier 1, $1,000 per violation for tier 2, $10,000 per violation for tier 3, and $50,000 per violation for tier 4. The impermissible disclosures of PHI resulted in a $10,000 settlement. Issue: Impermissible Use. The four categories range from unknowing violations to willful disregard of HIPAA rules. The center also provided OCR with written assurance that all policy changes were brought to the attention of the staff involved in the daughters care and then disseminated to all staff affected by the policy change. A radiology practice that interpreted a hospital patients imaging tests submitted a workers compensation claim to the patients employer. The case was settled for $100,000. A complaint alleged that an HMO impermissibly disclosed a members PHI, when it sent her entire medical record to a disability insurance company without her authorization. The man sued the clinic, even though it had already dismissed the nurse from her job. Read More, Memorial Hermann Health System in Texas received five requests from a patient for complete records to be provided between June 2019 and January 2020. Read More, OCR launched an investigation into the Carroll County, GA ambulance company, West Georgia Ambulance, after being notified about the loss of an unencrypted laptop computer that contained the PHI of 500 patients. All Case Examples. OCR conducted an investigation into an incident involving a stolen laptop that contained the ePHI of 20,431 patients. Serious violations, even if the intent is not malicious, are likely to result in disciplinary action. Public Hospital Corrects Impermissible Disclosure of PHI in Response to a Subpoena Read More, The Department of Health and Human Services Office for Civil Rights (OCR) has fined New York Presbyterian Hospital (NYP) $2.2 million for allowing patients to be filmed for a TV show without obtaining prior permission from patients. Pharmacy Chain Revises Process for Disclosures to Law Enforcement Health Specialists of Central Florida Inc. settled the case with OCR and paid a $20,000 penalty. The HIPAA Right of Access violation was settled with OCR for $70,000. Prison Time for Scheme to Frame Nurse for HIPAA Violations. the practice settled the case with OCR for $80,000. In 2014, hackers accessed its systems and stole the ePHI of 6,121,158 individuals. This will have long-lasting ramifications. To resolve the issues in this case, the hospital developed and implemented several new procedures. "HIPAA applies to schools.". Read More, The settlement relates to the impermissible disclosure of the electronic protected health information of 2,209 patients in 2011. The maximum penalty for a single breach is $1.5 million per year. A settlement of $1,700,000 has been agreed upon with OCR to resolve the HIPAA violations that contributed to the cause of the breach. Among other corrective actions to resolve the specific issues in the case, OCR required the covered entity to revise its policy. The case was settled for $3 million. OCR received a complaint from a patient who had not been provided with her medical records after a 2-month wait. OCR determined its compliance program had been in disarray for several years. Among other corrective actions to resolve the specific issues in the case, OCR required the hospital to develop and implement a policy regarding disclosures related to serious threats to health and safety, and to train all members of the hospital staff on the new policy. U.S. Department of Health & Human Services 200 Independence Avenue, S.W. Read More, Orlando, FL-based primary care provider, Health Specialists of Central Florida Inc., was investigated by OCR after receipt of a complaint from a woman who had not been provided with a copy of her deceased fathers medical records. The case was settled for $1,250,000. At minimum, the nurse who violated HIPAA will probably have to go on a training course to prevent further violations. Issue: Impermissible Disclosure. OCR's investigation determined that a flaw in the health plan's computer system put the protected health information of approximately 2,000 families at risk of disclosure in violation of the Rule. The data breach investigation revealed a substandard security management process and a catalog of HIPAA Security Rule violations. Among other corrective action taken to resolve this issue, the Center provided the complainant with a copy of her records. A nurse and an orderly at a state hospital discussed the HIV/AIDS status of a patient and the patient's spouse within earshot of other patients without making reasonable efforts to prevent the disclosure. Read more, The California-based psychiatric medical services provider failed to provide a patient with timely access to the requested medical records and charged an unreasonable fee when the records were eventually provided. OCR also determined that the Center denied the complainant's request for access because her therapists believed providing the records to her would likely cause her substantial harm. By increasing its enforcement activity, OCR is sending a message to all covered entities, large and small, that violations of HIPAA Rules will not be tolerated. 164.308(a)(1)(ii)(B). A settlement of $85,000 was agreed upon to resolve the violation. The infection resulted in the impermissible disclosure of the electronic protected health information of 1,670 individuals. There may be a viable claim, in some cases, under state privacy laws. Read More, All Inclusive Medical Services, Inc. (AIMS) is a Carmichael, CA-based multi-specialty family medicine clinic. As HIPAA violations are so severe, and may result in huge fines for Covered Entities, if . The new procedures were instituted in Medicaid offices and independent health care programs under the jurisdiction of the municipal social service agency. The table above will be updated when the new penalty amounts for 2023 are finalized by the HHS. Read more, Wake Health Medical Group, a Raleigh, NC-based provider of primary care and other health care services, failed to provide a patient with timely access to the requested medical records. Cornell Pharmacy is a single-location healthcare provider that mostly serves hospice care organizations in Denver and provides compound medications. Among other corrective actions to resolve the specific issues in the case, OCR required that the private practice revise its policies and procedures regarding access requests to reflect the individual's right of access regardless of payment source. The complainant alleged that a mental health center (the "Center") refused to provide her with a copy of her medical record, including psychotherapy notes. Covered Entity: Health Plans Read More, Following the report of the theft of a laptop from the Springfield Missouri Physical Therapy Center, Concentra Health Services was subjected to an investigation by the OCR. Read More. The hacker stole data, attempted to extort money, and leaked the ePHI of 208,557 patients online when payment was not received. The Privacy Rule permits the imposition of a reasonable cost-based fee that includes only the cost of copying and postage and preparing an explanation or summary if agreed to by the individual. Your Privacy Respected Please see HIPAA Journal privacy policy. Delaware Co. June 5, 2012). The HIPAA Right of Access violation was settled with OCR for $65,000. OCR intervened but received a second complaint a month later when the records had still not been provided. As of July 2022, there have been 38 HIPAA Right of Access cases under this compliance initiative that resulted in financial penalties. OCR determined the lack of encryption was in violation of the HIPAA Security Rule, there were insufficient device and media controls, and a business associate agreement had not been entered into with its parent company. November 30, 2021 - New York-based Huntington Hospital began notifying 13,000 patients of a data breach that exposed protected health information (PHI) and resulted in a former . Below are details of 47 incidents since 2012 in which workers at nursing homes and assisted-living centers shared photos or videos of residents on social media networks. A complaint alleged that a law firm working on behalf of a pharmacy chain in an administrative proceeding impermissibly disclosed the PHI of a customer of the pharmacy chain. A settlement of $400,000 was agreed upon with OCR to resolve the HIPAA violations. OCR determined this breached the HIPAA Right of Access provision of the HIPAA Privacy Rule. The case was settled and a financial penalty of $28,000 was paid. Read More, OCR investigated a complaint about an impermissible disclosure of a patients PHI to a reporter. September 05, 2017 - A Kentucky hospital was found to have acted lawfully when it fired a nurse for committing a HIPAA violation, according to the Kentucky Court of Appeals. If an organization fails to take corrective action after having been issued a fine, the HHS Office of Civil Rights can impose subsequent fines. Issue: Impermissible Disclosure-Research. In 2012 it suffered a security breach that exposed the data of 2,700 individuals as a result of a malware infection. It did not change the maximum penalty for a violation, which means that the maximum penalty for a tier 1 violation is higher than the annual penalty cap, but for as long as the notice of enforcement discretion is in effect, the maximum penalty per year applies. The possibility of HIPAA lawsuits brought forth by patients and breach victims could change HIPAA enforcement. One addressed the issue of minimum necessary information in telephone message content. CNE is required to pay a financial penalty of $400,000 and must adopt a comprehensive Corrective Action Plan (CAP) to address various areas of HIPAA non-compliance. If a nurse violates HIPAA, a patient cannot sue the nurse for a HIPAA violation. Under the revised policies and procedures, the practice may use and disclose PHI for research purposes, including recruitment, only if a valid authorization is obtained from each individual or if the covered entity obtains documentation that an alteration to or a waiver of the authorization requirement has been approved by an IRB or a Privacy Board. Issue: Notice. The HIPAA Right of Access violation was settled with OCR for $30,000. The case was settled for $65,000. HIPAA violations don't just occur when a nurse posts something of their own accord. A violation of HIPAA attributable to ignorance can attract a fine of $100 $50,000. Boston Medical Center agreed to settle the alleged HIPAA violations with OCR for $100,000. 1. A complainant alleged that a private practice physician denied her access to her medical records, because the complainant had an outstanding balance for services the physician had provided. The details come from . Read More, A $2.5 million settlement has been agreed upon with CardioNet to resolve potential HIPAA violations. OCR determined this violated the HIPAA Right of Access provision of the HIPAA Privacy Rule. HIPAA violation penalties are tiered based on the level of negligence determined by the Department of Health and Human Services or the state attorney general. Read More, The Department of Health and Human Services Office for Civil Rights announced a new HIPAA settlement to resolve violations of the HIPAA Privacy Rule. However, the patient was not covered by workers compensation and had not identified workers compensation as responsible for payment. The Privacy Rule requires covered entities to provide individuals with access to their medical records; however, the Privacy Rule exempts psychotherapy notes from this requirement. However, the investigation revealed that the pharmacy chain and the law firm had not entered into a Business Associate Agreement, as required by the Privacy Rule to ensure that PHI is appropriately safeguarded. OCR intervened and provided technical assistance, but it took 16 months for the records to be provided. OCR issued a written analysis and a demand for compliance. Case Examples by Issue. Toll Free Call Center: 1-800-368-1019 Covered Entity: Private Practice Read more, Childrens Hospital & Medical Center (CHMC), a pediatric care provider in Omaha, Nebraska, received a request from a parent for access to her daughters medical records but only provided part of the requested information, despite repeated requests. The Center for Childrens Digestive Health (CCDH); a small 7-center pediatric subspecialty practice based in Park Ridge, Illinois has agreed to pay OCR $31,000 to resolve potential HIPAA violations. 4 . Issue: Access, A patient alleged that a covered entity failed to provide him access to his medical records. The case was settled for $25,000. Brigham and Womens Hospital agreed to settle the alleged HIPAA violations with OCR for $384,000. HIPAA Fails Kim Kardashian In 2013, medical employees decided to "Keep Up With The Kardashians," and it cost them their jobs. The case was settled for $3 million. A mother requested a copy of her sons medical records, but the records had not been provided three months after submitting the request. It took 8 months from the date of the first request for the records to be provided. Issue: Impermissible Uses and Disclosures. Additionally, in order to prevent similar incidents, the hospital undertook a complete review of the distribution of the OR schedule. Honolulu-based Hawaii Pacific Health fired an employee in March after discovering the employee had inappropriately accessed patient medical records between November 2014 and January 2020. Read More, The solo dental practitioner in Butler, PA, failed to provide a patient with a copy of their medical record in a timely manner. In addition to corrective action taken under the Privacy Rule, the state attorney general's office entered into a monetary settlement agreement with the patient. HITECH News
While the amendment provisions of the Privacy Rule permit a covered entity to deny an individual's request for an amendment when the covered entity did not create that the portion of the record subject to the request for amendment, no similar provision limits individuals' rights to access their protected health information. Some of these were HIPAA violations from employees posting a patient's protected health information (PHI) the social web. The complainant alleged that a mental health center (the "Center") improperly provided her records to her auto insurance company and refused to provide her with a copy of her medical records. After the investigation, Ms D was informed that she was being terminated from her job based on her violation of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) for . CHCS also failed to implement appropriate security measures to address risks to ePHI in accordance with 45 C.F.R. Since then, OCR has been cracking down on entities that have failed to provide individuals with timely access to their medical records. For one violation, fines can range from $100-$50,000 for each instance of wrongdoing. Private Practice Revises Process to Provide Access to Records Regardless of Payment Source OCR received two complaints from patients in 2019 alleging they had to wait several months to receive a copy of their medical records. Read More, OCR has announced a $5.5 million settlement had been reached with Florida-based Memorial Healthcare Systems to resolve potential Privacy Rule and Security Rule violations. Read more, Arbour Hospital, a mental health clinic in Boston, MA, failed to provide a patient with the requested medical records within 30 days. Nurse Pleads Guilty to HIPAA Violation A licensed practical nurse who pled guilty to wrongfully disclosing a patient's health information for personal gain faces a maximum penalty of 10 years imprisonment, a $250,000 fine or both. When state laws are violated, the individuals whose ePHI has been compromised may be able to take legal action against the breached entity if it can be proven that an individual has suffered harm due to the negligence of a Covered Entity or Business Associate. The investigation also indicated that the disclosures did not meet the Rules de-identification standard and therefore were not permissible without the individuals authorization. The acknowledgement form is now included in the intake package of forms. To resolve this matter, OCR also required the practice to revise the office's fax cover page to underscore a confidential communication for the intended recipient. A national health maintenance organization sent explanation of benefits (EOB) by mail to a complainant's unauthorized family member. Some of these were accidental. The case was settled for $1,000,000. Read More, Office for Civil Rights has agreed to its largest-ever financial penalty for a violation of the Health Insurance Portability and Accountability Acts Privacy and Security Rules. OCR also found the Notice of Privacy Practices to be inadequate. The case was settled for $3,500. Case Examples by Covered Entity. Private Practice Revises Process to Provide Access to Records Office for Civil Rights Headquarters. A physician practice requested that patients sign an agreement entitled Consent and Mutual Agreement to Maintain Privacy. The agreement prohibited the patient from directly or indirectly publishing or airing commentary about the physician, his expertise, and/or treatment in exchange for the physicians compliance with the Privacy Rule. A patients rights under the Privacy Rule are not contingent on the patients agreement with a covered entity. Listed below are all the OCR HIPAA violation cases that have resulted in a financial penalty. In the majority of cases, the agency resolves the complaints without the need for an investigation or finds no HIPAA violation exists. On September 29, 2011, a portable USB storage device (pen drive) was left overnight in the IT Department from where it was stolen. The minimum fines are $100 per violation for tier 1, $1,000 per violation for tier 2, $10,000 per violation for tier 3, and $50,000 per violation for tier 4. An employee's medical record is protected by the Privacy Rule, even though employment records held by a covered entity in its role as employer are not. In some severe cases, yes, nurses can lose their jobs if they violate HIPAA. A doctor's office disclosed a patient's HIV status when the office mistakenly faxed medical records to the patient's place of employment instead of to the patient's new health care provider. Covered Entity: Outpatient Facility OCR settled the case for $55,000. Among other corrective actions to resolve the specific issues in the case, OCR required the provider to develop and implement policies and procedures regarding appropriate administrative and physical safeguards related to the communication of PHI. A complaint alleged that an HMO impermissibly disclosed a member's PHI, when it sent her entire medical record to a disability insurance company without her authorization. Read More, The Department of Health and Human Services Office for Civil Rights has announced it has settled potential HIPAA violations with Feinstein Institute for Medical Research for $3.9 million. The data breach exposed the Protected Health Information of 55,000 patients. Educators worry about the confidentiality of all student information, particularly the data relied upon in developing and implementing IEPs and Section 504 plans, often on account of "HIPAA . An OCR investigation indicated that the form the HMO relied on to make the disclosure was not a valid authorization under the Privacy Rule. Scott Harris and the rest of our team at S J Harris Law will be ready to help you pursue any option available that allows you to keep your license and continue working, no matter what industry you are in. State Hospital Sanctions Employees for Disclosing Patient's PHI Issue: Safeguards; Impermissible Uses and Disclosures. After OCR intervened, the records were provided, but it took 22 months from the initial date of the request. Read More, Steven A. Porter, M.D.s gastroenterological practice in Ogden, UT reported a breach to OCR involving a medical record company that was blocking access to patients ePHI until a bill was paid. Memphis Commercial Appeal. Read More, New England Dermatology and Laser Center in Massachusetts disposed of empty specimen containers in regular dumpsters between February 4, 2011, and March 31, 2021. Washington, D.C. 20201 Skagit County agreed to pay OCR $215,000 following the exposure of data of seven individuals. These cases include civil monetary penalties, where it has been established that HIPAA Rules have been violated, and settlements, where HIPAA violations have been alleged to have occurred but the covered entity or business associate has decided not to contest the case and has instead chosen to pay a financial penalty to resolve the potential HIPAA violations with no admission of liability. Issue: Impermissible Uses and Disclosures; Authorizations. The patient filed a complaint with OCR and the records were eventually provided more than 10 months later. A covered entitys obligation to comply with all requirements of the Privacy Rule cannot be conditioned on the patients silence. On Tuesday, the Department of Justice said Jeffrey Parker of Rincon . A good example of this is a laptop that is stolen. The records were provided on September 14, 2020. The Phoenix, Arizona-based non-profit health system, Banner Health, experienced a hacking incident that resulted in the impermissible disclosure of the PHI of 2.81 million individuals in 2016. Alternatively, financial penalties can be imposed if a breach of ePHI violates state laws. Sentara Hospitals reported the breach to OCR as having impacted 8 individuals.