You have a right to privacy in healthcare. A HIPAA (Health Insurance Portability and Accountability Act) violation is when a healthcare entity or provider doesn’t protect their patients’ health information. Examples include if they’ve shared sensitive health information without the patient’s consent or they haven’t secured their patients’ electronic medical records.
These violations can violate your privacy and destroy your trust in healthcare organizations. Read the rest of this article to learn about common HIPAA violations, how you can protect yourself against them, what to do if your privacy is violated, and how hiring a lawyer can help you.
What are Common HIPAA Violations?
Although there are many types of HIPAA violations, the most common ones include the following:
- Lack of security when storing healthcare records. The information might not be stored correctly or securely, such as in password-protected systems.
- Not providing patients with their health records. Patients have the right to access their files.
- Unauthorized access to patient records. This can include employees viewing the records when they’re not supposed to.
- Social media disclosure of sensitive information. This is when the patient’s medical information is exposed online.
- Data breaches. There could be a breach where patients’ private, sensitive information is stolen from the healthcare organization.
What Should You Do During a HIPAA Violation?
If you’re the victim of a HIPAA violation, there are important things you should do right away.
Report the Incident
Anyone can report a HIPAA violation. If you’re working for a healthcare organization that has committed the violation, you can report it internally to your HR department.
Patients can contact the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR). Use the OCR complaint portal to fill in the online complaint form.
Contact the Healthcare Organization
You should get in touch with the organization’s compliance department to inform them of what happened. In some cases, the violation could be a misunderstanding that they will correct.
Gather Evidence
When reporting the HIPAA violation, you’ll need to be specific. Collect as much evidence as possible about the incident, such as the date on which and location where the incident occurred, a description of what happened, and supporting documents such as emails or witness statements.
Be Wary of Timelines
You need to report the violation within 180 days of when you discovered or experienced the violation. Be mindful of this timeline so that you report it on time.
Access Your Medical Records
If a breach occurred, your sensitive health information could be at risk. You have the right to request your health records so that you can check them for any mistakes or misuse.
What are Signs of a HIPAA Violation?
There are usually signs that a HIPAA violation has occurred. The most common ones include the following:
- You receive an email or other notice from your healthcare provider about a data breach.
- You were told you couldn’t access your medical records (it’s your legal right).
- Your personal health data was shared without your consent. For example, a healthcare provider spoke loudly about your private information in a public space, such as a waiting room.
- You’ve viewed your medical information online. For example, a doctor replying to a patient’s online review could have mentioned your details and information.
How Can a Lawyer Help You with a HIPAA Violation?
Dealing with a HIPAA violation can be stressful, so hiring a lawyer from ContractsCounsel is a good idea. ContractsCounsel, an online legal network connecting clients with vetted lawyers, has lawyers you can hire for assistance with HIPAA violations as they have years of experience with this.
Here are some ways in which a lawyer can help you.
They’ll Investigate the Situation
A lawyer will use their legal expertise to investigate the violation to see if it qualifies as one and guide you on the best way to deal with it depending on its nature, such as if it’s a breach or security violation.
They’ll Negotiate to Protect Your Interests
After gathering information about the HIPAA violation and listening to your experience, your lawyer will better understand the damages to you, whether financial or emotional. They’ll then negotiate with the healthcare organization to remedy the damages.
They’ll Draft Essential Documents
Depending on how the lawyer suggests you deal with the HIPAA violation, they might draft demand letters or settlement proposals to send to the healthcare organization. They’ll use their legal experience to ensure these notices and letters are compliant with all appropriate regulations.
They’ll Report the Incident on Your Behalf
Your lawyer can help you to correctly report the HIPAA violation to the authorities and healthcare organizations to improve the chance of getting a response and resolution.
How Can You Prevent a HIPAA Violation?
Although you can’t always control what happens to your medical records, there are things that you should do to try to avoid violations or spot them early on so you can take action.
Check Your Records Regularly
You should monitor your health records regularly so that you can see if there’s been any error or unauthorized access to them.
Be Careful when Using Patient Portals
If you’re accessing your records and statements online, use secure passwords and avoid sharing them with anyone.
Verify Providers During Calls
If a health provider calls you to discuss your medical records, always check their identity to be sure that they’re not pretending to be from the healthcare organization.
How Can Healthcare Organizations Prevent HIPAA Violations?
It’s important for healthcare organizations to protect patients’ sensitive information by having specific methods in place.
- Training Employees: All employees need to know the HIPAA regulations so that they don’t inadvertently violate them when accessing patient information.
- Locking Devices: Employees using devices such as tablets should ensure they lock automatically when not in use. They should have passwords enabled so that no one can access files on the device.
- Proper discarding of information: Employees must know the correct way to dispose of medical records, as not doing this is a HIPAA violation. The records need to be shredded and checked so that personal information can’t be identified on them.
- Encrypted messages: Employees should use encrypted messages when communicating with patients, not personal text or email accounts.
Do you need a lawyer for a HIPAA violation?
If you find yourself dealing with a HIPAA violation, hiring a lawyer from ContractsCounsel will help you navigate it effectively so that your rights are protected and your risks are minimized.
