To keep patients' medical information safe, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) includes security provisions and data privacy. A breach of HIPAA or HIPAA violation occurs when any component of the HIPAA standards and restrictions listed in 45 CFR Parts 160, 162, and 164 is not met. Disclosure and unauthorized access of Protected Health Information (PHI), texting, e-mailing or sharing of PHI in any social media platforms, failure to maintain the confidentiality of the PHI, theft or tampering of patient records, release of PHI to unauthorized individuals etc. are some of the common situations leading to breach of HIPAA.
HIPAA violation could be accidental or incidental depending upon the circumstances in which the health records of a patient id exposed to a third party. All covered companies and their business associates involved in managing an individual's medical records must comply with HIPAA. The privacy officer must conduct an urgent internal investigation and risk assessment if a business detects a breach of HIPAA requirements. When a data breach is discovered, the first step should be to notify the US Department of Health and Human Services (HHS) as well as any affected persons. Immediate n The HIPAA Breach Notification Rule 45 CFR 164.400-414, which is part of the Omnibus Rule, covers HIPAA breaches. Notification of a HIPAA breach may assist the organization avoid penalties and legal consequences.
Depending on the gravity of the breach and the repercussions, it could result in civil or criminal fines.To avoid accidental HIPAA violation, medical billing agencies, medical chart review outsourcing companies, attorneys, revenue cycle management firms, etc. organize specific HIPAA training programmes for their employees. Any HIPAA violations must be communicated to the covered entity and the individual affected as soon as possible. It is important to note that if the violation is revealed to be continuous for an extended period of time, the HIPAA breach penalties and repercussions may be severe. The goal of HIPAA compliance is to reduce the risk to a safe and manageable level. A data breach by a firm does not always imply a HIPAA violation. Every business associate who works with medical charts should understand the importance of data privacy and the ramifications of any changes or disclosures.