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. Covered Entity: General Hospital District of Ohio dismissed her case. An ABC crew was permitted to film inside NYP facilities for the show NY Med featuring Dr. Mehmet Oz. 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. 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 was the case in 2019, when a number of healthcare professionals accessed a particular actor's medical records after the actor was part of a potential hoax hate-crime, which became headline news. Read More, Lawrence Bell, Jr. D.D.S in Maryland failed to provide a patient with timely access to the requested medical records. 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. Jussie Smollett Case: 50 Hospital Workers Fired For Alleged HIPAA A grocery store based pharmacy chain maintained pseudoephedrine log books containing protected health information in a manner so that individual protected health information was visible to the public at the pharmacy counter. All staff was trained on the revised procedures. The cost-of-living adjustment multiplier for 2023 is 1.07745, but this has not officially been applied by the HHS. OCR also identified issues with the notice of privacy practices and there was no HIPAA privacy officer. These cases include civil monetary penalties, where it has been established that HIPAA Rules have been violated, and settlements, where HIPAA violations have been alleged to have occurred but the covered entity or business associate has decided not to contest the case and has instead chosen to pay a financial penalty to resolve the potential HIPAA violations with no admission of liability. The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. There are four tiers of HIPAA violation penalties for nurses, ranging from unknowing violations to willful neglect of HIPAA Rules. All Case Examples. The nurse explained that the two individuals whose . HIPAA violations don't just occur when a nurse posts something of their own accord. When dealing with these complex issues, you need legal representation that has a long track record of success in these types of cases. Read More, QCA Health Plan, Inc. of Arkansas reported the theft of a laptop from a car that contained unencrypted data on 148 patients. University of Texas MD Anderson Cancer Center was ordered to pay a civil monetary penalty of $4,348,000. Employees also were trained to review registration information for patient contact directives regarding leaving messages. 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. Department of Justice is the authority that handles all the breach fines and charges for violating HIPAA regulations. Read More, An article published in the LA Times started a sequence of events that has now resulted in Shasta Regional Medical Center (SRMC) agreeing to a settlement of $275,000 for its violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. Failure to report a violation could have serious consequences. OCR investigated and uncovered multiple potential violations of the HIPAA Rules: A risk analysis failure, risk management failure, lack of information system activity reviews, and insufficient technical policies to prevent unauthorized ePHI access. There are two key events to consider when looking at the timeline of penalties for HIPAA violations the passage of the HITECH Act in 2009 which reversed the burden of proof for HIPAA violations, and the HIPAA Omnibus Rule in 2013 which enacted the passage of the HITECH Act making business associates liable for HIPAA violations that were their fault. Among other corrective action taken to resolve this issue, the Center provided the complainant with a copy of her records. 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. Read more, The Diabetes, Endocrinology & Lipidology Center, Inc, a West Virginia-based healthcare provider specializing in treating endocrine disorders, failed to provide a parent with a copy of her minor childs protected health information within 30 days. HIPAA Breach Cases 2020 - ComplianceJunction The case was settled for $62,500. OCR settled the case for $50,000. They split the fines and charges into two categories: reasonable cause and willful neglect. The impermissible disclosures of PHI resulted in a $10,000 settlement. Read more, Denver Retina Center, a Denver, CO-based provider of ophthalmological services, failed to provide a patient with timely access to the requested medical records. The case was settled for $25,000. Case Examples by Covered Entity. OCR provided technical assistance to the physician, explaining that, in general, the Privacy Rule requires that a covered entity provide an individual access to their medical record within 30 days of a request, regardless of whether or not the individual has a balance due. Nurse Pleads Guilty to HIPAA Violation | NurseZone - American Mobile Among the corrective actions required to resolve this case, OCR required the insurer to correct the flaw in its computer system, review all transactions for a six month period and correct all corrupted patient information. A settlement was agreed upon with OCR that included a $25,000 penalty. The paperwork was taken by a member of the public who sold the material to a recycling facility. Washington, D.C. 20201 Toll Free Call Center: 1-800-368-1019 Covered Entity: Private Practice Issue: Access, Authorization. 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. A settlement of $85,000 was agreed upon with OCR to resolve the HIPAA violation. A nurse in a New York clinic found herself at the center of an ugly HIPAA violation case when her sister-in-law's boyfriend was diagnosed with an STD. Large Medicaid Plan Corrects Vulnerability that Resulted in Dsiclosure to Non-BA Vendors 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. In case you aren't sure what I mean regarding judgment and professional boundaries: Nurses need to avoid the appearance of impropriety. 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. Disciplinary actions are part of the public record. ACMHS has agreed to settle the case with OCR for $150,000. It took 5 months from the initial request for the complete set of medical records to be provided. Issue: Impermissible Use. Fresenius Medical Care North America settled the case for $3,500,000. Boston Medical Center agreed to settle the alleged HIPAA violations with OCR for $100,000. OCR provided technical assistance to the covered entity, explaining that the Privacy Rule permits a covered entity to provide a summary of patient records rather than the full record only if the requesting individual agrees in advance to such a summary or explanation. Moreover, the entity was required to train of all staff on the revised policy. 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. Read More, Oklahoma State University Center for Health Sciences experienced a hacking incident that was reported to OCR in January 2018. The Notice of Enforcement Discretion only applied a cap to each violation tier. What Happens if a Nurse Violates HIPAA? Updated for 2023 - HIPAA Journal Read more, Childrens Hospital & Medical Center (CHMC), a pediatric care provider in Omaha, Nebraska, received a request from a parent for access to her daughters medical records but only provided part of the requested information, despite repeated requests. A settlement of $85,000 was agreed upon to resolve the violation. 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. OCR also found the Notice of Privacy Practices to be inadequate. 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. A settlement of $150,000 has been reached with OCR. North Memorial has agreed to pay $1,550,000 to OCR to settle the HIPAA violation charges. Fired after violating a patient's privacy - Clinical Advisor The device was not protected by a password and data on the device was not encrypted. Initially, the pharmacy chain refused to acknowledge that the log books contained protected health information. Read More, OCR announced that it has reached a settlement for $125,000 with a Denver-based healthcare provider, Cornell Pharmacy, following the improper disposal of patient health records. 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. 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. By 2011, the UCLA Health System would agree to pay a fine of $865,000 to settle HIPAA privacy violations at its three hospitals. The last update to the HIPAA violation penalty amounts applies to cases assessed on or after March 17, 2022, as detailed in the table below: *Table last updated in March 2022. The case was settled with OCR for $300,640. The Center did not, however, provide the complainant with the opportunity to have the denial reviewed, as required by the Privacy Rule. Among other corrective actions to resolve the specific issues in the case, OCR required the provider to develop and implement policies and procedures regarding appropriate administrative and physical safeguards related to the communication of PHI. Issue: Safeguards; Impermissible Uses and Disclosures. There are four tiers of HIPAA violation penalties for nurses, ranging from unknowing violations to willful neglect of HIPAA Rules. UMMC has also agreed to adopt a corrective action plan (CAP) to bring privacy and security standards up to the level required by HIPAA. Issue: Safeguards. The new procedures were instituted in Medicaid offices and independent health care programs under the jurisdiction of the municipal social service agency. OCR's investigation determined that the private practice had relied on state regulations that permit a covered entity to provide a summary of the record. Former NY Hospital Employee Charged with HIPAA Violation According to the Massachusetts General Law, Chapter 112, Section 77, the Board must report disciplinary actions to national data reporting systems. 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. OCR discovered risk analysis failures, a lack of policies covering electronic devices, a lack of encryption or alternative safeguards, insufficient security policies, and insufficient physical safeguards, resulting in an impermissible disclosure of 521 individuals PHI. OCR received a complaint from a patient who alleged AIMS refused to give her a copy of her medical records. A nurse at a Texas children's hospital has been fired for violating Health Insurance Portability and Accountability Act (HIPAA) Rules by posting protected health information on a social media website. 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. Issue: Access, Restrictions. Improper Disposal HIPAA rules state medical professionals must dispose of PHI in a secure manner. In addition, OCR determined there had been risk analysis failures, a risk management failure, and a lack of device media controls. Read More, Family Dental Care, P.C. 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 disclosure was not consistent with documents approved by the Institutional Review Board (IRB). Prison Time for Scheme to Frame Nurse for HIPAA Violations 200 Independence Avenue, S.W. }); Show Your Employer You Have Completed The Best HIPAA Compliance Training Available With ComplianceJunctions Certificate Of Completion, Learn about the top 10 HIPAA violations and the best way to prevent them, Avoid HIPAA violations due to misuse of social media, Losses to Phishing Attacks Increased by 76% in 2022, Biden Administration Announces New National Cybersecurity Strategy, Settlement Reached in Preferred Home Care Data Breach Lawsuit, BetterHelp Settlement Agreed with FTC to Resolve Health Data Privacy Violations, Amazon Completes Acquisition of OneMedical Amid Concern About Uses of Patient Data, Willful neglect (not corrected within 30 days. Receive weekly HIPAA news directly via email, HIPAA News What is a HIPAA Violation? HIPAA Violation Examples - MEDPRO Disposal, LLC