HIPAA Enforcement actions have been paused during Covid-19 but will soon be up and going. In 2021, 14 cases were resolved with payment by the provider. The compliance issues most often alleged in complaints lodged with the Office of Civil Rights were impermissible uses and disclosures of PHI followed by a lack of safeguards for PHI and lack of patient access to their PHI. The last is the lack of administrative safeguards for ePHI as well as the use and disclosure of more than the minimum necessary PHI. These are key to what the government considers “on their radar” for problem areas with covered entities.
The Office of Civil Rights will also refer HIPAA violations for criminal investigation when the violation involves someone knowingly disclosing information that is deemed PHI. This is a total of 1,294 violations referred to the Department of Justice for criminal investigation.
In closing, HIPAA actions were not enforced during 2020 and lower enforcement for 2021 but OCR is gearing back up so make sure your staff is educated and following procedures.
Revolution Law Group is located in Greensboro, NC, and serves individuals and small businesses throughout the Triad and surrounding areas. To contact us please visit Revolution.law or call 336-333-7907.
The information included here is for informational purposes only, is not exhaustive of all considerations when creating documents, is not intended to be legal advice, and should not be relied upon for that purpose. We strongly recommend you consult with an attorney and do not attempt to create your own documents.