Common HIPAA Violations and How to Prevent Them

 Posted on November 15, 2019 in Medical License Defense

Most people know that a person’s medical records and information are private information that is protected by law. If you are a medical professional, you must be familiar with the Health Insurance Portability and Accountability Act (HIPAA), a law that was passed in 1996 to protect the privacy of patients’ health information in the United States. The law gives rules and procedures that you must follow in order to protect your patients’ privacy rights. If you fail to follow HIPAA procedures or rules, you could face expensive fines and your medical license could even be put into jeopardy. Here are a few of the most common ways HIPAA is violated.

Unauthorized Access of Healthcare Records

The HIPAA only gives certain reasons as to why you can access the healthcare records of a patient without gaining their consent. Unless you are accessing records for treatment, payment or healthcare operation, you are doing so illegally. This can result in disciplinary action and a fine to the organization is possible, though uncommon.

Not Performing a Risk Analysis

One of the most common HIPAA violations to result in a financial penalty is given to organizations that fail to perform a risk analysis. These analyses must be performed regularly in order to assess whether or not there are any vulnerabilities to the confidentiality and integrity of patient health records. To prevent this from happening, conducting a regular risk analysis is recommended.

Not Ensuring Employees Are Properly Trained

Another extremely common reason for HIPAA violations is simply because some employees are not familiar with HIPAA laws. The regulations contained in the HIPAA require all employees, interns, volunteers and absolutely anyone with access to patient health information to be trained on the policies and procedures of keeping that information confidential. It is not uncommon for only office managers, medical staff and other administrative professionals to be trained on HIPAA rules. Annual HIPAA training and updated manuals and procedures can help prevent a HIPAA violation.

An Illinois Medical License Defense Attorney Can Help You Prevent Violations

The best way to avoid being accused of violating HIPAA practices is to be proactive and do your best to prevent these violations from happening. At The Law Offices of Joseph J. Bogdan, Inc., we can help you ensure your practice is complying with HIPAA laws. If you have been accused of violating HIPAA laws and you are facing fines or other disciplinary action, we can also provide you with legal help. Call our skilled Illinois medical license defense lawyer today at 630-310-1267 to schedule a consultation and get started on your case.

Sources:

https://www.hipaajournal.com/common-hipaa-violations/

https://www.beckershospitalreview.com/healthcare-information-technology/10-common-hipaa-violations-and-preventative-measures-to-keep-your-practice-in-compliance.html