Office for Civil Rights Headquarters. 8. Metro Community Provider Network (MCPN) has agreed to pay OCR $400,000 and adopt a robust corrective action plan to resolve all HIPAA compliance issues identified during the OCR investigation. The case was contested, but an administrative law judge ruled in favor of OCR. In April 2019, OCR reexamined the HITECH Act and determined the language had been misinterpreted and issued a Notice of Enforcement Discretion stating the maximum annual penalties in each penalty tier would be changed to reflect the seriousness of the violations. 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. OCR determined that there had been an impermissible disclosure of 34,883 patients ePHI due to a lack of encryption. Issue: Impermissible Use. Another way to prevent HIPAA violations on social media is to get proper compliance training for your staff. Issue: Conditioning Compliance with the Privacy Rule. 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. Since HIPAA's enactment in 1996, we've witnessed almost 20 reported cases of unauthorized personnel looking up the medical records of celebrities. 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 . However, up to 500 cases per year result in a fine and/or corrective action being required. 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. 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 Read More, OCR received a complaint from a patient of Dr. Rajendra Bhayani, a Regal Park, NY-based private practitioner specializing in otolaryngology, alleging he had not provided a patient with a copy of her medical records. Further, the covered entity's Privacy Officer and other representatives met with the patient and apologized, and followed the meeting with a written apology. Under the revised process, if a subpoena is received that does not meet the requirements of the Privacy Rule, the information is not disclosed; instead, the hospital contacts the party seeking the subpoena and the requirements of the Privacy Rule are explained. 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. Read More, Associated Retina Specialists in New York took 5 months to provide a patient with the requested medical records. Covered Entity: General Hospital Question: Dear Nancy, Can an RN lose his or her nursing license over a HIPAA violation? The hacker stole data, attempted to extort money, and leaked the ePHI of 208,557 patients online when payment was not received. In August 2012, Cancer Care Group discovered a laptop computer and unencrypted backup drive had been stolen from the vehicle of an employee. 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 HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. Read More, Aetna Life Insurance Company and the affiliated covered entity (Aetna) were investigated over three data breaches that exposed the ePHI of 18,489 individuals. When you're discussing a patient's information on the phone, you need to be in a private place where others can't hear you. 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. 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. Covered Entity: Health Care Provider Among other corrective actions to resolve the specific issues in the case, a letter of reprimand was placed in the supervisor's personnel file and the supervisor received additional training about the Privacy Rule. 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. Read More, A patient of University of Cincinnati Medical Center filed a complaint with OCR after not being provided with her requested records more than 13 weeks after submitting a request. 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. OCR determined this breached the HIPAA Right of Access provision of the HIPAA Privacy Rule. A settlement of $400,000 was agreed upon with OCR to resolve the HIPAA violations. The hospital disciplined and retrained the employee who made the impermissible disclosure. OCR intervened but received a second complaint a month later when the records had still not been provided. OCR's investigation determined that a flaw in the health plan's computer system put the protected health information of approximately 2,000 families at risk of disclosure in violation of the Rule. Despite fluctuations in their nature, there. Covered Entity: Health Plans The complainant alleged that a mental health center (the "Center") improperly provided her records to her auto insurance company and refused to provide her with a copy of her medical records. In more servers cases, or where multiple violations have occurred, the nurse may lose their job. . PHI had been intentionally provided to the media on three separate occasions. OCR investigated Peachstate and uncovered multiple potential violations of the HIPAA Security Rule. Case Examples. Read More, OCR has announced a $5.5 million settlement had been reached with Florida-based Memorial Healthcare Systems to resolve potential Privacy Rule and Security Rule violations. Issue: Impermissible Use and Disclosure. Read More, Lifespan Health System Affiliated Covered Entity is a Rhode Island healthcare provider. The Notice of Enforcement Discretion only applied a cap to each violation tier. As a result of this review, the hospital revised the distribution of the OR schedule, limiting it to those who have a need to know., Private Practice Ceases Conditioning of Compliance with the Privacy Rule Issue: Impermissible Uses and Disclosures; Business Associates. Copyright 2014-2023 HIPAA Journal. While the amendment provisions of the Privacy Rule permit a covered entity to deny an individual's request for an amendment when the covered entity did not create that the portion of the record subject to the request for amendment, no similar provision limits individuals' rights to access their protected health information. Read More, Anchorage Community Mental Health Services (ACMHS) runs five mental health facilities in Alaska and is a non-profit organization. On Tuesday, the Department of Justice said Jeffrey Parker of Rincon . 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. OCR also determined that the Center denied the complainant's request for access because her therapists believed providing the records to her would likely cause her substantial harm. This was OCRs first settlement under the 2019 HIPAA Right of Access enforcement initiative. On September 29, 2011, a portable USB storage device (pen drive) was left overnight in the IT Department from where it was stolen. It did not change the maximum penalty for a violation, which means that the maximum penalty for a tier 1 violation is higher than the annual penalty cap, but for as long as the notice of enforcement discretion is in effect, the maximum penalty per year applies. Read More, OCR launched an investigation of University of Rochester Medical Center following receipt of two breach reports concerning lost/stolen portable devices containing ePHI a flash drive and a laptop computer. Further, the covered entity counseled the supervisor about appropriate use of the medical information of a subordinate. The four categories range from unknowing violations to willful disregard of HIPAA rules. Five former Methodist employees have been indicted on charges . The HIPAA Right of Access violation was settled with OCR for $32,150. By 2011, the UCLA Health System would agree to pay a fine of $865,000 to settle HIPAA privacy violations at its three hospitals. However, the investigation revealed that the pharmacy chain and the law firm had not entered into a Business Associate Agreement, as required by the Privacy Rule to ensure that PHI is appropriately safeguarded. To remedy this situation, the private practice revised its policies and procedures regarding the disclosure of PHI and trained all physicians and staff members on the new policies and procedures. 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. Read More, Beth Israel Lahey Health Behavioral Services (BILHBS) is the largest provider of mental health and substance use disorder services in eastern Massachusetts. A physician practice requested that patients sign an agreement entitled Consent and Mutual Agreement to Maintain Privacy. The agreement prohibited the patient from directly or indirectly publishing or airing commentary about the physician, his expertise, and/or treatment in exchange for the physicians compliance with the Privacy Rule. During the investigation, OCR discovered the business associate had acquired Peachstate, a CLIA-certified laboratory that provides clinical and genetic testing services. The HHS` Office of Civil Rights receives between 1,200 and 1,500 complaints and notifications of breaches per year. Read More, The University of Washington Medicine has agreed to settle with the Department of Health and Human Services Office for Civil Rights and will pay a HIPAA fine of $750,000 for potential HIPAA violations stemming from a 90,000-record data breach suffered in 2013. OCR settled the case for $20,000. A nurse practitioner who has privileges at a multi-hospital health care system and who is part of the systems organized health care arrangement impermissibly accessed the medical records of her ex-husband. The records were provided within days of OCR intervening. Covered Entity: Pharmacies An OCR investigation indicated that the form the HMO relied on to make the disclosure was not a valid authorization under the Privacy Rule. OCR discovered a risk analysis failure, the lack of a security awareness training program, and a failure to implement HIPAA Security Rule policies and procedures. Read More, Boston Medical Center was fined for allowing an ABC film crew to record footage of patients as part of the Boston Med TV series, without first obtaining consent from patients. Although the Center gave the complainant the opportunity to review her medical record, this did not negate the Centers obligation to provide the complainant with a copy of her records. Also, computer screens displaying patient information were easily visible to patients. 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. Read more, The owner of the Fairhope, AL, dental practice impermissibly disclosed patients PHI to a campaign manager and a third-party marketing company in relation to a state senate election campaign. 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. A settlement of $85,000 was agreed upon with OCR to resolve the HIPAA violation. The HIPAA Right of Access violation was settled with OR for $75,000. Read More, Fallbrook Family Health Center in Nebraska failed to provide a patient with timely access to the requested medical records. 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. 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 To sign up for updates or to access your subscriber preferences, please enter your contact information below. The minimum fine is $100 per violation (up to $50,000) for Category 1 violations. Covered Entity: Pharmacy Chain Among other corrective actions to remedy this situation, OCR required that the hospital revise its subpoena processing procedures. The. Health Specialists of Central Florida Inc. settled the case with OCR and paid a $20,000 penalty. Outpatient Surgical Facility Corrects Privacy Procedure in Research Recruitment 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. Therefore, it . OCR intervened and the records were provided 8 months after the initial request. Pharmacy Chain Enters into Business Associate Agreement with Law Firm OCR conducted an investigation into an incident involving a stolen laptop that contained the ePHI of 20,431 patients. OCR confirmed that PHI had been disclosed without an authorization from the patient and that there had been no sanctions against the physician responsible, despite being warned in advance not to disclose any PHI. 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. Under the Notice of Enforcement Discretion, the maximum annual penalty for a violation could be capped at $25,000 for tier 1, $100,000 for tier 2, and $250,000 for tier 3. Read More, Exposure of ePHI as a direct result of the failure to conduct a comprehensive risk analysis and a security assessment on a server prior to using it to share files containing ePHI. The private practice maintained that the disclosure to the contract research organization was permissible as a review preparatory to research. 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. By Jill McKeon. OCR determined that the private practice denied the individual access to records to which she was entitled by the Privacy Rule. Read More, The Department of Health and Human Services Office for Civil Rights has announced it has settled potential HIPAA violations with Feinstein Institute for Medical Research for $3.9 million. Read More, OCR has just announced it has agreed to the largest ever HIPAA settlement with a single covered entity. Issue: Access. The case was settled for $160,000. Private Practice Implements Safeguards for Waiting Rooms The case was settled with OCR and a 23,000 financial penalty was imposed. 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. Employees also were trained to review registration information for patient contact directives regarding leaving messages. HIPAA requires nurses and other health care professionals to report any violations they witness, even if they recognize it was accidental. Read More. Issue: Access, Authorization. The disclosure was not consistent with documents approved by the Institutional Review Board (IRB). 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. Dr. Glazer did not cooperate with OCR during the investigation, resulting in OCR imposing a civil monetary penalty of $100,000 for the HIPAA Right of Access violation. Even though it is not done maliciously. There may be a viable claim, in some cases, under state laws. And when data breaches like this occur, it's usually because of a HIPAA violation. Covered Entity: Health Care Provider Large Medicaid Plan Corrects Vulnerability that Resulted in Dsiclosure to Non-BA Vendors Read More, After the permanent closure of the company, paperwork containing former patients PHI was discarded by FileFax. OCR determined this violated the HIPAA Right of Access provision of the HIPAA Privacy Rule. OCR received a complaint from a patient who alleged he had been denied access to his medical records. The details come from . Issue: Safeguards; Impermissible Uses and Disclosures. A violation that occurred despite reasonable vigilance can attract a fine of $1,000 $50,000. The firewall was inactive for a period of 10 months leaving the data exposed and potentially accessible to unauthorized third parties for an unacceptable period of time. Among other corrective action taken to resolve this issue, the Center provided the complainant with a copy of her records. If a nurse violates HIPAA, a patient cannot sue the nurse for a HIPAA violation. Read More, Raleigh Orthopaedic Clinic, P.A., of North Carolina over alleged violations of HIPAA Rules. Further information on the penalties for HIPAA violations are detailed here. 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. Convicted of a crime substantially related to the qualifications, functions, and duties of an RN: 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. Read More, Office for Civil Rights has issued a statement confirming that an agreement has been reached with Adult & Pediatric Dermatology, P.C., of Concord, Massachusetts following the accidental disclosure of approximately 2,200 patients after a memory stick was stolen from the car of one of the centers employees. Serious violations, even if the intent is not malicious, are likely to result in disciplinary action. Read more, Dr. Robert Glaser, a New Hyde Park, NY-based cardiovascular disease and internal medicine doctor, failed to provide a patient with timely access to the requested medical records after repeated requests. Department of Justice is the authority that handles all the breach fines and charges for violating HIPAA regulations. Paige. After OCR intervened, the records were provided, but it took 22 months from the initial date of the request. OCR investigated and discovered similar privacy violations had occurred responding to patient reviews. The records were provided on September 14, 2020. The settlement stems from an impermissible disclosure in a press release issued by MHHS in September 2015. Covered Entity: Private Practice 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. A study found that the average person spends about 52 minutes per day engaging in this type of conversation. Activities considered preparatory to research include: preparing a research protocol; developing a research hypothesis; and identifying prospective research participants. OCR settled the case for $240,000. Read More, Massachusetts General Hospital was fined for allowing an ABC film crew to record footage of patients as part of the Boston Med TV series, without first obtaining consent from patients. Covered Entity: Outpatient Facility Read More, Lawrence Bell, Jr. D.D.S in Maryland failed to provide a patient with timely access to the requested medical records. Issue: Access, Restrictions. 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. However, the patient was not covered by workers compensation and had not identified workers compensation as responsible for payment. Read More, Phoenix, AZ-based Banner Health is one of the largest healthcare systems in the United States.
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