Legal Articles

Thursday 5 February 2015

Types of HIPAA Violations Your Business Can't Afford to Violate


Types of HIPAA Violations Your Business Can't Afford to Violate

Every business understands the importance of cutting on expenses and losses. Violations of HIPAA are some that need to be avoided for sure by any business because they can amount to hefty financial losses through fines. The violation penalties can range from $100 all the way up to $1.5 million for rules provisions. This makes it very important for insurance adjusters and healthcare providers to prevent any fallout possibility from compliance with the act. For any business to keep off such possibilities, it starts with getting to know the different types of HIPAA violation fines so that they can be avoided at all costs. 

1. Missing right to revoke clause – as a business, the creation of HIPAA forms should be handled with care. Patients need to be informed about their rights to revoke any permission they have given as far as disclosure of confidential medical details to specified parties is concerned. If this information is missing, it should be noted that the form remains invalid and hence any information that is released to any third party amounts to violation of the set regulations by law. 

2. Releasing of wrong patient information – this is another violation that every business should avoid. It might seem obvious, but the truth is that this is a mistake that can occur unintentionally. This is especially in a case where two patients have same names increasing the possibilities of releasing the wrong patient’s details. Every facility should train staff on the correct filing of medical records and releasing on the same to keep such occurrences at bay. Careless handling and release of information for unauthorized patient can land the facility in trouble under the HIPAA Privacy Rule. 

3. Releasing unauthorized health information – another common mistake that can happen besides releasing the wrong patient information. Verification is of importance before any requested document is released. This is because there are patients who would rather have some specific health elements kept private and hence releasing amounts to a violation. It is important to confirm that patient approves of the document release in a written authorization. However, protected health information can still be released in certain situations, but with prior notice to the patients. The situations include court orders to law enforcement officials and subpoenas among other law enforcement purposes required lawfully. It can also be as a result of treatment or payment expedition without patient authorization. 

4. HIPAA forms missing patient signature – without the signature appended on the act forms, the release remains to be a violation and it can be costly. Verification must be done before the documents are released to authorized third parties. 

5. Careless disposal of patient records – this is a violation since it has the risk of the patient information being accessed by third parties. The consequences can be awful and hence there is a need for every business to find proper ways of disposing unneeded patient records. Shredding can be a very good way of getting rid of the records without risking third party access. 

By HIPAA law, it is actually a violation to fail to promptly release information to patients as required. Every business is better off knowing all types of HIPAA violations to avoid them altogether. 

Business Attorney, Business Lawyer


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