Shaila Mae. Taking this into account, the figures OCR is working with are detailed in the table below and will apply indefinitely, until the next increase to account for inflation. District of Ohio dismissed her case. 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. The. The case was ultimately unsuccessful; the court ruled in favor of the nurse. Read More, MelroseWakefield Healthcare in Massachusetts received a valid request from a personal representative of a patient on June 12, 2020, but it took until October 20, 2020, for the requested records to be provided due to an error regarding the legality of the durable power of attorney. Read More, OCR investigated a complaint from a mother who requested a copy of her sons medical records from St. Josephs Hospital and Medical Center but had not been provided with a complete set of the records. Allergy Associates of Hartford paid OCR $125,000 to settle the alleged HIPAA violations. A covered entitys obligation to comply with all requirements of the Privacy Rule cannot be conditioned on the patients silence. OCR also discovered a business associate failure. Radiologist Revises Process for Workers Compensation Disclosures MAPFRE has agreed to a $2,200,000 settlement with OCR. Case Examples by Issue. An OCR investigation also indicated that the confidential communications requirements were not followed, as the employee left the message at the patients home telephone number, despite the patients instructions to contact her through her work number. Covered Entity: Health Plans / HMOs 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. > All Case Examples, Hospital Implements New Minimum Necessary Polices for Telephone Messages A settlement of $150,000 has been reached with OCR. 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 . Read More, Bayfront Health St. Petersburg was investigated following receipt of a complaint from a patient on August 14, 2018. The financial penalties imposed by OCR in 2020 for HIPAA Right of Access violations ranged from $15,000 to $160,000 and stemmed from refusals to provide copies of records or long delays. A state health sciences center disclosed protected health information to a complainant's employer without authorization. After being notified by OCR about a proposed fine of $105,000, Dr. Brockley requested a hearing with an Administrative Law Judge, but settled out of court and agreed to a fine of $30,000. Read More, Associated Retina Specialists in New York took 5 months to provide a patient with the requested medical records. So-mogye v. Toledo Clinic, 2012 WL 2191279 (N.D. Ohio, June 14, 2012). Read More, OCR investigated a complaint about an impermissible disclosure of a patients PHI to a reporter. 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. The above penalties were implemented as demanded by the HITECH Act of 2009 and increase annually in line with inflation. Issue: Access. Background: Inappropriate use of social media necessitates health institutes, academic institutes, nurses and educators to consider occupational ethical principles while creating a policy and guide on the usage of social media. Cancel Any Time. Among other corrective actions to resolve the specific issues in the case, OCR required that the social service agency develop procedures for properly disclosing protected health information only to its valid business associates and to train its staff on the new processes. Covered Entity: Mental Health Center The maximum penalty for a single breach is $1.5 million per year. Read More, The HHS has announced that Lahey Hospital and Medical Center has agreed to settle a case with the Office for Civil Rights over alleged HIPAA violations following a data breach that occurred in October 2011. 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 . But it's vital. That's almost an hour devoted to talking about someone else. Read More, QCA Health Plan, Inc. of Arkansas reported the theft of a laptop from a car that contained unencrypted data on 148 patients. Advocate Health Care Network will pay a record $5.55 million to settle multiple potential violations of the Health Insurance Portability and Accountability Act. The case was settled for $1,000,000. OCR received a complaint from a patient who alleged he had been denied access to his medical records. Read More, Office for Civil Rights has announced a settlement of $1,215,780 has been reached with Affinity Health Plan, Inc., to resolve potential HIPAA violations discovered during a breach investigation. 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. Read More, Catholic Health Care Services of the Archdiocese of Philadelphia has agreed to settle alleged HIPAA violations with the OCR and implement a Corrective Action Plan (CAP). Issue: Impermissible Use. Had software patches been installed on the computers the malware would not have been unable to infect the PCs. OCR determined that the private practice denied the individual access to records to which she was entitled by the Privacy Rule. 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. One addressed the issue of minimum necessary information in telephone message content. OCR received two complaints from patients in 2019 alleging they had to wait several months to receive a copy of their medical records. A mental health center did not provide a notice of privacy practices (notice) to a father or his minor daughter, a patient at the center. On Tuesday, the Department of Justice said Jeffrey Parker of Rincon . The data breach exposed the Protected Health Information of 55,000 patients. Read More, OCR received a complaint from a patient of NY Spine, a private New York medical practice, who alleged she had not been provided with a copy of the diagnostic films that she specifically requested. Toll Free Call Center: 1-800-368-1019 The case was settled with OCR for $300,640. OCR intervened and provided technical assistance on the HIPAA Right of Access but received a second complaint when the records had still not been provided. Issue: Notice. Read More, Housing Works, Inc. is a New York City-based non-profit healthcare organization that provides healthcare, homeless services, and legal aid support for people affected by HIV/AIDS. It took multiple requests and almost 5 months for all of the requested medical records to be provided. The case was settled for $1,040,000. 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. OCR conducted an investigation into an incident involving a stolen laptop that contained the ePHI of 20,431 patients. 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. 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. 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. Read More, The Department of Health and Human Services Office for Civil Rights has agreed to a $650,000 settlement with University of Massachusetts Amherst (UMass). The case was contested, but an administrative law judge ruled in favor of OCR. OCR intervened but received a second complaint a month later when the records had still not been provided. The penalties for HIPAA violations through the OCR are as follows: Tier 1: Minimum fine of $100 per violation, up to $50,000 Tier 2: Minimum fine of $1,000 per violation, up to $50,000 Tier 3: Minimum fine of $10,000 per violation, up to $50,000 Tier 4: Minimum fine of $50,000 per violation It took 8 months from the date of the first request for the records to be provided. Now add up that time for a week, a month, or even a year. The first bar in the group of three per year represents the complaints closed in which there was no violation, the second in which there was corrective action, and the third reflects the total closures. Unprotected storage of private health information can be an issue. U.S. Department of Health & Human Services 200 Independence Avenue, S.W. 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. Outpatient Surgical Facility Corrects Privacy Procedure in Research Recruitment In April, nurses on the night shift at Denver Health Medical Center were caught making inappropriate comments about a male patient's genitalia, according to a report from the Colorado Department. The OCR investigation determined 577 patients had been affected, but Sentara Hospitals refused to update its breach notice to reflect the correct number of patients affected. > For Professionals Here are the top five misconceptions about FERPA and HIPAA that I regularly address in my work with schools. 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. Read More, Oklahoma State University Center for Health Sciences experienced a hacking incident that was reported to OCR in January 2018. Covered Entity: Outpatient Facility Read More, The Department of Health and Human Services Office for Civil Rights announced yesterday that the University of Mississippi Medical Center (UMMC) has agreed to settle alleged HIPAA violations and will pay a financial penalty of $2.75 million. OCR provided technical assistance and closed the case, but the records were still not provided. OCR settled the case for $50,000. A private practice failed to honor an individual's request for a complete copy of her minor son's medical record. Triple S was also required to pay a HIPAA violation penalty of $6.8 million to the Puerto Rico Health Insurance Administration for a failure to comply with the Health Insurance Portability and Accountability Acts Privacy Rule last year, although the HIPAA violation fine was reduced to $1.5 million on appeal. The chain acknowledged that log books contained protected health information and implemented the required changes. There are four tiers of HIPAA violation penalties for nurses, ranging from unknowing violations to willful neglect of HIPAA Rules. CardioNet is a Pennsylvania-based provider of remote mobile monitoring and rapid response services to patients at risk for cardiac arrhythmias. Delaware Co. June 5, 2012). OCR intervened and provided technical assistance, but it took 16 months for the records to be provided. In case you aren't sure what I mean regarding judgment and professional boundaries: Nurses need to avoid the appearance of impropriety. The new authorization specifies what records and/or portions of the files will be disclosed and the respective authorization will be kept in the patients record, together with the disclosed information. To resolve the issues in this case, the hospital developed and implemented several new procedures. Read More, All Inclusive Medical Services, Inc. (AIMS) is a Carmichael, CA-based multi-specialty family medicine clinic. OCR settled the case for $55,000. The minimum fine is $100 per violation (up to $50,000) for Category 1 violations. As HIPAA violations are so severe, and may result in huge fines for Covered Entities, if . The ePHI of 62,500 patients was exposed. Read more, Advanced Spine & Pain Management, a provider of chronic pain-related medical services in Cincinnati and Springboro, OH, failed to provide a patient with timely access to the requested medical records. Read more, OCR investigated a breach reported by the Department of Veteran Affairs involving a business associate, Authentidate Holding Corporation. The 2020 increase is largely due to OCRs HIPAA Right of Access enforcement initiative, which was launched in late 2019. 164.308(a)(1)(ii)(B). The incident for which the fine has been issued dates back to 2009 when a data security complaint was filed by a patient of one of its doctors. The private practice maintained that the disclosure to the contract research organization was permissible as a review preparatory to research. The following three years saw similar numbers of financial penalties; however, there was another major increase in HIPAA fines in 2020 when 19 HIPAA violation cases were settled with OCR. Corinne S Kennedy. An employee of a major health insurer impermissibly disclosed the protected health information of one of its members without following the insurer's authorization and verification procedures. Violations related to HIPAA laws have serious consequences, including job loss and other penalties. Nurses who deliberately obtain or disclose individually identifiable protected health information can face a fine of up to $50,000 and a maximum of 12 months in jail. Covered Entity: Private Practice OCR determined there had been a failure to protect patient information which resulted in an impermissible disclosure of 2,150 patient records. Employees also were trained to review registration information for patient contact directives regarding leaving messages. Office for Civil Rights Headquarters. 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. 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. 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. They split the fines and charges into two categories: reasonable cause and willful neglect. Providence Health & Services. An ABC crew was permitted to film inside NYP facilities for the show NY Med featuring Dr. Mehmet Oz. Covered Entity: Multi-Hospital Healthcare Provider 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. Cornell Pharmacy is a single-location healthcare provider that mostly serves hospice care organizations in Denver and provides compound medications. Dentist Revises Process to Safeguard Medical Alert PHI Pharmacy Chain Institutes New Safeguards for PHI in Pseudoephedrine Log Books The HIPAA Right of Access violation was settled with OCR for $30,000. Read More, A HIPAA settlement of $218,400 has been reached with St. Elizabeth Medical Center (SEMC) for violations of HIPAA Privacy, Security, and Breach Notification Rules. Read More, An OCR investigation into an impermissible disclosure of 9,255 individuals PHI by Advanced Care Hospitalists, a business associate of a HIPAA-covered entity, revealed serious HIPAA compliance failures including a lack of a BAA, insufficient security measures to protect ePHI, and no documentation showing there had been any HIPAA compliance efforts prior to April 1, 2014. By Jill McKeon. Operating as Agape Health Services, the company experienced a breach of the ePHI of 1,263 patients. Read More, Wise Psychiatry is a small provider of psychiatric services in Colorado. The claim included the patients test results. St. Lukes-Roosevelt Hospital Center Inc. has paid OCR $387,200 to resolve potential HIPAA violations discovered during an OCR investigation of a complaint about an impermissible disclosure of PHI. 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. Read more, Renown Health, a not-for-profit healthcare network in Northern Nevada, failed to provide a patients attorney with a copy of her medical and billing records within 30 days. Technical assistance had previously been provided by OCR, but devices had still not been encrypted. renewals of licenses or APRN authorizations, or both. Private Practice Revises Process to Provide Access to Records Regardless of Payment Source 8. 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. Without a properly executed agreement, a covered entity may not disclose PHI to its law firm. 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. Issue: Access. OCR imposed a civil monetary penalty of $100,000. In 2017, Lifespan mentioned in a news release that someone broke into an employee vehicle and stole their work laptop. 6) Keep Thoughts to Yourself. There may be a viable claim, in some cases, under state privacy laws. A violation that occurred despite reasonable vigilance can attract a fine of $1,000 $50,000. 0:04. A national health maintenance organization sent explanation of benefits (EOB) by mail to a complainant's unauthorized family member. Issue: Conditioning Compliance with the Privacy Rule. The case was settled for $25,000. Issue: Safeguards, Minimum Necessary. If not, the form is invalid and any information released to a third party would be in violation of HIPAA regulations. OCR found that the owner of the practice had responded to several reviews and disclosed ePHI, even disclosing the names of patients in the responses who had chosen to post reviews anonymously. Read More, The city of New Haven in Connecticut was investigated over an incident where a former employee accessed its systems after termination and copied a file containing the ePHI of 498 individuals. OCR settled the case for $20,000. Read More. OCR determined its compliance program had been in disarray for several years. Read more, Arbour Hospital, a mental health clinic in Boston, MA, failed to provide a patient with the requested medical records within 30 days. The case was settled for $1,500,000. Read more, San Diego-based Sharp Healthcare, dba Sharp Rees-Stealy Medical Centers, failed to provide a patients medical records to a patient-specified third party for more than 2 months. Covered Entity: Pharmacy Chain OCR required the covered entity to cease using the patient agreement that conditioned the entitys compliance with the Privacy Rule. A Nurse's Guide to the Use of Social Media discusses the case of a hospice nurse whose cancer patient had posted about her depression. State Attorney Generals can also impose financial penalties on HIPAA-covered entities and business associates for violations of the HIPAA Rules. Private Practice Provides Access to All Records, Regardless of Source OCRs investigation revealed that: the hospital distributed an Operating Room (OR) schedule to employees via email; the hospitals OR schedule contained information about the complainants upcoming surgery. Large Provider Revises Patient Contact Process to Reflect Requests for Confidential Communications In the majority of cases, the agency resolves the complaints without the need for an investigation or finds no HIPAA violation exists. 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. Issue: Impermissible Uses and Disclosures. Read More, Life Hope Labs, LLC, in Sandy Springs, Georgia, failed to provide an individual with the medical records of her deceased father in a timely manner. 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. A case study involving one nursing education program's experience with a Health Insurance Portability and Accountability Act (HIPAA) violation is used to illustrate how one nursing. A good example of this is a laptop that is stolen. Other than stipulating training should be provided as necessary and appropriate for members of the workforce to carry out their functions (HIPAA Privacy Rule) and that CEs and BAs should implement a security awareness and training program for all members of the workforce (HIPAA Security Rule), there are no specific HIPAA training requirements. The case was settled for $3 million. Read More, Memorial Hermann Health System agreed to settle potential HIPAA Privacy Rule violations with the Department of Health and Human Services Office for Civil Rights for $2.4 million. Covered Entity: Private Practice OCR investigated and discovered similar privacy violations had occurred responding to patient reviews. The practice trained all staff on the newly developed policies and procedures. The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. Paige. OCR also identified issues with the notice of privacy practices and there was no HIPAA privacy officer. OCR investigated Peachstate and uncovered multiple potential violations of the HIPAA Security Rule. Covered Entity: Pharmacies 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. Data were accessed by unknown third parties after ePHI data was unwittingly transferred to a server accessible to the public. The case was settled for $15,000. The case was settled for $65,000. Covered Entity: Private Practice To resolve the matter, OCR required the pharmacy chain and the law firm to enter into a business associate agreement. An employee at a mid-size clinic was involved in a suit when an auto collision victim sued her spouse. 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. The case was settled for $2.175 million. 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. In addition, OCR required the practice to reposition its computer monitors to prevent patients from viewing information on the screens, and the practice installed computer monitor privacy screens to prevent impermissible disclosures. This case study involving one nursing education program's experience with a HIPAA violation illustrates how one nursing college dealt with a student's HIPAA . 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 contested hearing took place, and the board found the nurse: Massachusetts General Hospital agreed to settle the alleged HIPAA violations with OCR for $515,000. To avoid these, a proactive approach should include a regular risk assessment and corrective action plan. 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. Read More, CHSPSC LLC isa Tennessee-based management companythat provides services to affiliates of Community Health Systems. The case was settled and a financial penalty of $28,000 was paid. 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. Raleigh Orthopaedic has agreed to pay OCR $750,000 for failing to enter into a business associate agreement (BAA) with a vendor before handing over the protected health information (PHI) of 17,300 patients in 2013. Anthem agreed to a record-breaking settlement of $16,000,000 to resolve the case. Among other corrective action taken, the Center provided the complainant with a copy of her medical record and revised its policies and procedures to ensure that it provides timely access to all individuals. Read More, Beth Israel Lahey Health Behavioral Services (BILHBS) is the largest provider of mental health and substance use disorder services in eastern Massachusetts. Read More, King MD is a small provider of psychiatric services in Virginia. However, the court also legitimized private cause for action in HIPAA lawsuits, which could set a precedent for HIPAA related legal action.