Most HIPAA fines stem from preventable mistakes, like failing to assess risks, ignoring vulnerabilities, or mishandling patient rights. Proactive compliance and updated policies are key to avoiding costly enforcement actions.
- Accessing Records Without a Valid Reason: Looking at health records for anything other than treatment, payment, or healthcare operations is a HIPAA violation. This includes snooping on family members, celebrities, or other patients out of curiosity.
- Skipping Regular Risk Analyses: HIPAA requires healthcare organizations to conduct routine risk assessments. Failing to regularly evaluate potential risks can leave your practice exposed to violations.
- Ignoring Identified Security Risks: If a risk is found during your risk analysis, it must be properly addressed. Leaving known vulnerabilities unresolved can lead to fines and breaches.
- Denying Patients Access to Their Records: Patients have the right to see and obtain copies of their health records. Refusing access, charging unreasonable fees, or taking longer than 30 days to provide records can all violate HIPAA. Since 2019, the Office for Civil Rights (OCR) has focused enforcement on patients’ Right of Access.
- Lacking or Outdated Business Associate Agreements (BAAs): All vendors who receive or can access protected health information must have a HIPAA-compliant BAA. Even if agreements exist, they may not meet current requirements-especially if they haven’t been updated to comply with the Omnibus Final Rule.
Our firm has extensive experience helping healthcare organizations stay HIPAA-compliant. We assist practices of all sizes in developing comprehensive HIPAA programs, ensuring your policies and procedures meet federal requirements and protect patient privacy.
We also draft and review HIPAA contracts, including business associate agreements (BAAs), to make sure all vendors handling protected health information (PHI) meet current regulatory standards. From updating agreements after regulatory changes to creating customized compliance workflows, we help minimize risk and keep your practice safe from fines and enforcement actions.
With our guidance, you can focus on providing excellent patient care, while we handle the legal and compliance details.
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.
Top 5 HIPAA Mistakes to Avoid
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What is the most common cause of HIPAA fines?One of the most common triggers is failing to conduct or update a proper risk analysis. Many enforcement actions stem from organizations not identifying or addressing vulnerabilities in how they handle protected health information (PHI).
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How often should a practice update its HIPAA policies?HIPAA policies should be reviewed at least annually and updated whenever there are material changes, such as new technology, updated workflows, or regulatory developments.
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Can employees be individually liable for HIPAA violations?Yes. While organizations are typically fined, employees can face disciplinary action, termination, and in some cases civil or criminal liability for knowingly violating HIPAA rules.
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What qualifies as a "business associate" under HIPAA?A business associate is any third party that creates, receives, maintains, or transmits PHI on behalf of a healthcare provider. This can include billing companies, IT vendors, cloud storage providers, and even certain consultants.
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What should a practice do after discovering a HIPAA violation?Immediately investigate and contain the issue, assess the scope of the breach, and determine whether notification is required. HIPAA has strict timelines for notifying affected individuals and regulators, so acting quickly is critical.