Hospital workers disciplined for viewing patients' genitals | CNN Without a properly executed agreement, a covered entity may not disclose PHI to its law firm. At minimum, the nurse who violated HIPAA will probably have to go on a training course to prevent further violations. An outpatient surgical facility disclosed a patient's protected health information (PHI) to a research entity for recruitment purposes without the patient's authorization or an Institutional Review Board (IRB) or privacy-board-approved waiver of authorization. OCR also identified issues with the notice of privacy practices and a HIPAA privacy officer had not been appointed. When dealing with these complex issues, you need legal representation that has a long track record of success in these types of cases. Read More, OCR has just announced it has agreed to the largest ever HIPAA settlement with a single covered entity. Among other corrective actions to resolve the specific issues in the case, the practice apologized to the patient and sanctioned the employee responsible for the incident; trained all billing and coding staff on appropriate insurance claims submission; and revised its policies and procedures to require a specific request from workers compensation carriers before submitting test results to them. The case was settled for $2,300,000. Skagit County agreed to pay OCR $215,000 following the exposure of data of seven individuals. Nurses HIPAA Violation Examples The list of potential HIPAA violations by nurses is long so the most commonly experienced nurse HIPAA violations are listed below: A violation of HIPAA attributable to ignorance can attract a fine of $100 $50,000. This is the second-largest settlement amount agreed with OCR. Covered Entity: Pharmacies 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 investigated and found the EHR company had been allowed access to ePHI without signing a business associate agreement and risk analysis and risk management failures. A municipal social service agency disclosed protected health information while processing Medicaid applications by sending consolidated data to computer vendors that were not business associates. The table above will be updated when the new penalty amounts for 2023 are finalized by the HHS. Common HIPAA violations include verbal discussions of PHI in public areas of a healthcare facility, stolen laptops used in patient care, accessing PHI when the access is not directly related to or while providing care to a patient and, in this reader's case, placing a patient's healthcare document in the regular trash. In some severe cases, yes, nurses can lose their jobs if they violate HIPAA. Issue: Impermissible Use and Disclosure, A complainant, who was both a patient and an employee of the hospital, alleged that her protected health information (PHI) was impermissibly disclosed to her supervisor. 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. OCR determined this breached the HIPAA Right of Access provision of the HIPAA Privacy Rule. The patient had requested a copy of her childs fetal heart monitor records, but 9 months after the request had been submitted the records still had not been provided. Read More, An investigation into Anthem Incs massive 78.8 million-record data breach of 2015 revealed multiple HIPAA violations. Read More, Coastal Ear, Nose, and Throat in Florida received a request from a patient for a copy of medical records on December 15, 2020, and again on January 8, 2021, but the records were not provided until May 20, 2021. After treating a patient injured in a rather unusual sporting accident, the hospital released to the local media, without the patients authorization, copies of the patients skull x-ray as well as a description of the complainants medical condition. Read More, In March 2019, OCR received a complaint from a patient who alleged she had not been provided with a copy of her medical records in the requested electronic format despite making repeated requests. An ABC crew was permitted to film inside NYP facilities for the show NY Med featuring Dr. Mehmet Oz. 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. HIPAA Journal provides the most comprehensive coverage of HIPAA news anywhere online, in addition to independent advice about HIPAA compliance and the best practices to adopt to avoid data breaches, HIPAA violations and regulatory fines. Entity Rescinds Improper Charges for Medical Record Copies to Reflect Reasonable, Cost-Based Fees Read More, Oklahoma State University Center for Health Sciences experienced a hacking incident that was reported to OCR in January 2018. Brigham and Womens Hospital agreed to settle the alleged HIPAA violations with OCR for $384,000. Your Privacy Respected Please see HIPAA Journal privacy policy. Read More, Associated Retina Specialists in New York took 5 months to provide a patient with the requested medical records. After OCR notified the entity of the allegation, the entity released the complainants medical records but also billed him $100.00 for a records review fee as well as an administrative fee. A contested hearing took place, and the board found the nurse: Covered Entity: General Hospital OCR settled the case for $30,000. 4 . OCR intervened and closed the case but received a second complaint two months later when the records had still not been provided. FileFax agreed to settle the alleged HIPAA violations for $100,000. St. Joseph Health has agreed to pay OCR $2,140,500. Covered Entity: Outpatient Facility OCR Imposes a $2.15 Million Civil Money Penalty against Jackson Health System for HIPAA Violations - October 23, 2019 Dental Practice Pays $10,000 to Settle Social Media Disclosures of Patients' Protected Health Information - October 2, 2019 OCR Settles First Case in HIPAA Right of Access Initiative - September 9, 2019 Among other corrective actions to resolve the specific issues in the case, the HMO created a new HIPAA-compliant authorization form and implemented a new policy that directs staff to obtain patient signatures on these forms before responding to any disclosure requests, even if patients bring in their own authorization form. HIPAA Lawsuits: The Vermont Supreme Court Ruling - Total HIPAA Compliance Nope. Talking about a patient in a public area where others can hear you is a HIPAA violation. Hackers used a compromised username and password to gain access to a server that contained the protected health information (PHI) of 3.5 million individuals. In many cases, records were only provided after OCR intervened. Convicted of a crime substantially related to the qualifications, functions, and duties of an RN: The case was settled for $6,850,000. OCR investigated the allegation and found no evidence that the law firm had impermissibly disclosed the customers PHI. Health Specialists of Central Florida Inc. settled the case with OCR and paid a $20,000 penalty. OCR investigated and identified longstanding, systemic noncompliance with the HIPAA Security Rule, including risk analysis and risk management failures, and the failure to provide security awareness training to employees. This usually happens when a celebrity checks into the hospital, but that's not always the case. HIPAA Violation Case Settled Between Ambulance Company & OCR for $65,000. Despite fluctuations in their nature, there. Concentra has agreed to pay OCR $1,725,220 to resolve the case. And when data breaches like this occur, it's usually because of a HIPAA violation. 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. Criminal HIPAA violations and penalties fall under three tiers: Tier 1: Deliberately obtaining and disclosing PHI without authorization up to one year in jail and a $50,000 fine Tier 2: Obtaining PHI under false pretenses up to five years in jail and a $100,000 fine Big Consequences for Nurses Violating HIPAA - Lamar - Online Programs A hospital employee did not observe minimum necessary requirements when she left a telephone message with the daughter of a patient that detailed both her medical condition and treatment plan. Read More, The Department of Health and Human Services Office for Civil Rights (OCR) imposed a $1.6 million civil monetary penalty (CMP) on Texas Health and Human Services Commission (TX HHSC) for multiple violations of HIPAA Rules discovered during the investigation of an exposed internal application containing ePHI. Private Practice Revises Policies and Procedures Addressing Activities Preparatory to Research The doctor was retiring and received a delivery of 71 boxes of medical files containing up to 8,000 patient records; however, the delivery was made, and the boxes were left on the doctors driveway while he was out of the house. NYC Hospital Investigates Nurse for Sharing Video With The Intercept 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. Read More, QCA Health Plan, Inc. of Arkansas reported the theft of a laptop from a car that contained unencrypted data on 148 patients. The case was settled for $10,000. Covered Entity: Health Care Provider The possibility of HIPAA lawsuits brought forth by patients and breach victims could change HIPAA enforcement. OCR settled the case for $5,000. 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. OCRs investigation revealed that the Center provided the complainant with an opportunity to review her medical record, including the psychotherapy notes, with her therapist, but the Center did not provide her with a copy of her records. OCR investigated and found multiple potential HIPAA violations such as the failure to conduct a thorough risk analysis, risk management failures, and insufficient mechanisms to identify suspicious network activity. Lahey Hospital and Medical Center has agreed to pay $850,000 to settle the case without admission of liability. Nurse Faced with Jail Time for Violating HIPAA Laws Without appropriate HIPAA training, this case of a HIPAA violation demonstrates how critical it is to train workers before there is an issue. Read More, OCR received a complaint from a patient of California-based Riverside Psychiatric Medical Group in March 2019 alleging he had not been provided with a copy of his medical records. Shaila Mae. Five Memphis healthcare workers charged with conspiracy, HIPAA violations. The disclosure was not consistent with documents approved by the Institutional Review Board (IRB). Covered Entity: Mental Health Center The case was settled for $202,400. If an organization fails to take corrective action after having been issued a fine, the HHS Office of Civil Rights can impose subsequent fines. HIPAA calls for civil fines up to $25,000 per violation to be paid by the employer, and criminal fines up to $250,000 to be paid by the employer and/or the individual. The case was settled for $1,040,000. The consequences of violating HIPAA can be significant and it is important to note fines for a HIPAA violation can be applied by the HHS Office for Civil Rights (OCR) even if no breach of PHI has occurred. Read More, The Department of Health and Human Services Office for Civil Rights (OCR) has taken action against a Denver, CO-based federally-qualified health center (FQHC) for security management process failures that contributed to the organization experiencing a data breach in 2011. This will have long-lasting ramifications. Issue: Safeguards. Issue: Impermissible Use and Disclosure. OCR received a complaint from a patient who alleged he had been denied access to his medical records. The hospital also trained relevant staff members on the new procedures. Among other corrective actions to resolve the specific issues in the case, OCR required the outpatient facility to: revise its written policies and procedures regarding disclosures of PHI for research recruitment purposes to require valid written authorizations; retrain its entire staff on the new policies and procedures; log the disclosure of the patient's PHI for accounting purposes; and send the patient a letter apologizing for the impermissible disclosure. The OCR investigation revealed a lack of business associate agreements, insufficient access rights, a risk analysis failure, a failure to respond to a security incident, a breach notification failure, media notification failure. The nurse received the board notice for a hearing and the allegations against her, which involved breaching her duty to protect the patients' confidentiality and privacy rights in violation of the state's nurse practice act and administrative rules. OCR intervened and closed the case but received a second complaint a month later when the records had still not been provided. Issue: Access. A patient alleged that a general hospital disclosed protected health information when a hospital staff person left a message on the patients home phone answering machine, thereby failing to accommodate the patients request that communications of PHI be made only through her mobile or work phones. University of Texas MD Anderson Cancer Center was ordered to pay a civil monetary penalty of $4,348,000. Read More, WellPoint is one of the largest providers of Affiliated Health Plans, with almost 36 million policyholders across the United States. MIE also settled a multi-state action with state attorneys general and paid a penalty of $900,000. Read More, A patient submitted a complaint to OCR about an impermissible disclosure of PHI in a mailing. Covered Entity: Health Plans / HMOs The case was settled for $65,000. This was the case in 2019, when a number of healthcare professionals accessed a particular actor's medical records after the actor was part of a potential hoax hate-crime, which became headline news. Activities considered preparatory to research include: preparing a research protocol; developing a research hypothesis; and identifying prospective research participants. Read More, King MD is a small provider of psychiatric services in Virginia. 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. Between 2005 and 2019, healthcare data breaches affected nearly 250 million people. The case was settled for $3 million. A state health sciences center disclosed protected health information to a complainant's employer without authorization. > For Professionals Memorial Hermann Health System has agreed to pay OCR $2,400,000. According to the Massachusetts General Law, Chapter 112, Section 77, the Board must report disciplinary actions to national data reporting systems. Health Plan Corrects Impermissible Disclosure of PHI through Training, Mitigation, and Sanctions Read More, Mountlake Terrace, WA-based Premera Blue Cross is the largest health plan in the Pacific Northwest. A mother requested a copy of her sons medical records, but the records had not been provided three months after submitting the request. 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. Examples of HIPAA Violations and Common Scenarios OCR investigated the breach and discovered multiple violations of the HIPAA Privacy and Security Rules. Disciplinary actions are part of the public record. To resolve the matter, OCR required the pharmacy chain and the law firm to enter into a business associate agreement. Among other corrective actions to resolve the specific issues in the case, OCR required the health insurer to train its staff on the applicable policies and procedures and to mitigate the harm to the individual. A patients rights under the Privacy Rule are not contingent on the patients agreement with a covered entity. The case was ultimately unsuccessful; the court ruled in favor of the nurse. Covered Entity: Health Plans A national health maintenance organization sent explanation of benefits (EOB) by mail to a complainant's unauthorized family member. Pharmacy Chain Revises Process for Disclosures to Law Enforcement HIPAA violations are not uncommon. OCRs investigation revealed that the radiology practice had relied upon incorrect billing information from the treating hospital in submitting the claim. The four categories range from unknowing violations to willful disregard of HIPAA rules. OCR's investigation determined that the private practice had relied on state regulations that permit a covered entity to provide a summary of the record. 11 medical record snooping cases in 2020 - Becker's Hospital Review Large Health System Restricts Provider's Use of Patient Records The trial court noted that HIPAA does not create a private right of action, but instead requires that violations be pursued via administrative channels (ie: by filing a complaint with HHS). ACMHS has agreed to settle the case with OCR for $150,000. Numbers at a Glance - Current | HHS.gov Disciplinary Actions and Reinstatements - California 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. The case was settled for $25,000. Read More, Danbury Psychiatric Consultants in Massachusetts received a request for medical records on March 24, 2020, but access to the records was refused due to an outstanding bill. To resolve this matter, OCR also required the practice to revise its policies and operating procedures and to move medical alert stickers to the inside cover of the records. 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 . Data were accessed by unknown third parties after ePHI data was unwittingly transferred to a server accessible to the public. The records were provided on September 14, 2020. New York and Presbyterian Hospital (NYP) and Columbia University (CU) will jointly pay a penalty of $4,800,000. An organizations willingness to assist with an investigation is also taken into account. To resolve this matter to the satisfaction of OCR, the hospital: retrained an entire Department with regard to the requirements of the Privacy Rule; provided additional specific training to staff members whose job duties included leaving messages for patients; and, revised the Departments patient privacy policy to clarify patient rights to accommodation of reasonable requests to receive communications of PHI by alternative means or at alternative locations. Covered Entity: Private Practices In the first half of 2018, more than 56% of the 4.5 billion compromised data records were from social media incidents. Issue: Impermissible Disclosure. OCR stepped up enforcement of compliance with the HIPAA Rules in 2016, more than doubling the number of financial penalties. The case was settled for $160,000. 13 hospital workers fired for snooping in Britney Spears' medical Read more, In 2015, Excellus Health Plan reported a breach of the ePHI of 9,358,891 individuals. HIPAA Violation Cases - Updated 2023 - HIPAA Journal In nursing education, a HIPAA violation made by a nursing student could result in a variety of disciplinary actions including termination but is rarely discussed in nursing literature. At the direction of an insurance company that had requested an independent medical exam of an individual, a private medical practice denied the individual a copy of the medical records. Initially, the pharmacy chain refused to acknowledge that the log books contained protected health information. Issue: Impermissible Uses and Disclosures; Authorizations. Read More, Lawrence Bell, Jr. D.D.S in Maryland failed to provide a patient with timely access to the requested medical records. Read More, OCR agreed to settle multiple alleged HIPAA violations with Cottage Health for $3,000,000. HIPAA News Releases | HHS.gov Read More, On May 9, 2014, Touchstone Medical Imaging was informed by the FBI that one of its FTP servers was accessible over the Internet and allowed anonymous connections to a shared directory. The nurse in question sent out six text messages to warn the patient's girlfriend about his STD.
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