HHS (2024)

FAQs

Can I get fired for an accidental HIPAA violation? ›

Can I get fired for an accidental HIPAA violation? You can get fired for an accidental HIPAA violation if the violation is a serious offence and you have a history of previous accidental HIPAA violations.

HIPAA violations are expensive. The penalties for noncompliance are based on the level of negligence and can range from $100 to $50,000 per violation (or per record), with a maximum penalty of $1.5 million per year for violations of an identical provision.

The consequences for employees who unknowingly violate HIPAA can vary depending on the company's policies. Typically, employees who make a one-time mistake are not at risk of losing their job. However, if an employee has a history of HIPAA violations, it can lead to termination despite being unintentional.

In general, only HIPAA violations of notable severity will show up on a background screening. An organization's sanction policy usually covers violations and may include re-training on HIPAA, suspension, fines, or termination. These actions may be seen on an employee's record.

Jail terms for HIPAA violations by employees are relatively rare, but there have been several cases where employee HIPAA violations have been referred to the Department of Justice and have resulted in financial penalties and jail time.

The penalties range from: A minimum $100 fine if an individual was unaware that they were violating HIPAA rules, and maximum of $25,000 per year. A minimum $1,000 fine if an individual had reasonable cause for their actions and were not “willfully neglectful,” and maximum of $100,000 per year.

HIPAA does not allow patients to sue for violations. However, under state laws, healthcare providers can be sued. Patients can file complaints with OCR or state attorneys general, resulting in investigations. If proven, patients may receive compensation for damages or losses.

Claim rewards under the False Claims Act

According to the Whistleblower Law Collaborative, successful False Claims Act cases may entitle whistleblowers to a reporting HIPAA violations reward.

Names, addresses and phone numbers are NOT considered PHI, unless that information is listed with a medical condition, health care provision, payment data or something that states that they were seen at a particular clinic.

18 HIPAA PHI Identifiers

Address – this includes any geographical subdivisions smaller than the state of residence, including street address, city, county, zip code, precinct, and equivalent geocodes. There are additional criteria for identifying zip codes which can be found here.

Is date of birth considered PHI? ›

This means that any date directly related to an individual (birth date, admission date, discharge date, etc.) is considered as PHI under HIPAA except the year.

The minimum fine for criminal violations of HIPAA is $50,000. The maximum criminal penalty for a HIPAA violation by an individual is $250,000. Restitution may also need to be paid to the victims. In addition to the financial penalty, a jail term is possible for a criminal violation of HIPAA Rules.

Regardless of the sentence imposed, the HIPAA violation, the consequences of the HIPAA violation, and the penalty for the HIPAA violation will become public record and will show up on a background check.

Some outcomes of record loss can violate HIPAA. According to HIPAA, patients have a right to their medical records within 30 days of a request; failure to provide them is a HIPAA violation. Losing a device or record that exposes patient records to unauthorized actors is also a HIPAA violation.

Yes. Disciplinary action is taken based on the person's actions, whether intentionally mishandling or accidentally due to negligence or improper handling procedures. What should you do if you accidentally receive confidential information from your employer?

But, there's just too much involved with a HIPAA violation to determine whether or not you'll be able to get a job within healthcare again. It depends on… If it turns out that the violation you committed was egregious, negligent and/or on purpose then you could face a massive fine, license suspension and jail time.

A person who knowingly obtains or discloses individually identifiable health information in violation of the Privacy Rule may face a criminal penalty of up to $50,000 and up to one-year imprisonment.

Civil penalties

The penalties range from: A minimum $100 fine if an individual was unaware that they were violating HIPAA rules, and maximum of $25,000 per year. A minimum $1,000 fine if an individual had reasonable cause for their actions and were not “willfully neglectful,” and maximum of $100,000 per year.