You have worked hard to earn your professional license in healthcare. Years of study, training and dedication have brought you to where you are today. However, now, the specter of a HIPAA violation charge threatens your livelihood. You naturally feel concerned about the consequences of these charges. And rightfully so, since the charge carries serious consequences.
Here is what you need to know about these charges and how you can prepare to face them:
What constitutes a violation?
Common violations of HIPAA include:
- Accessing patient records without permission
- Sharing patient information without consent
- Failing to secure Personal Health Information (PHI)
- Denying patients access to their medical records
- Failing to train staff on HIPAA regulations
- Not reporting data breaches to affected individuals within 60 days.
Remember that the law sometimes allows PHI disclosure without consent.
Does a HIPAA violation constitute a felony?
Yes, certain HIPAA violations can constitute felonies. The law divides the charges into three tiers:
- Tier 1: Knowingly obtaining or disclosing protected health information (PHI). This typically constitutes a misdemeanor.
- Tier 2: Obtaining PHI under pretenses. This constitutes a felony.
- Tier 3: Obtaining or disclosing PHI intending to sell, transfer or use it for commercial advantage, personal gain or malicious harm. This also constitutes a felony.
Classification into a felony depends on the following:
- The intent behind the violation
- The extent of the violation
- Whether the violator gained personally from the breach
In addition to a criminal charge, patients can bring a civil lawsuit against you and sue for damages.
What penalties might you face?
The penalties can be especially severe. Tier 2 felonies can result in fines of up to $100,000 and imprisonment for up to 5 years. Tier 3 felonies can lead to penalties of up to $250,000 and imprisonment for up to 10 years. Besides criminal charges, felony HIPAA violations often lead to loss of professional licenses and severe damage to one’s career and reputation.
What can you do?
Consider consulting an attorney as soon as you can. You will need experienced help in facing these charges. Follow what your lawyer tells you and cooperate with the investigation. Do not discuss the case with anyone except your attorney.
Remember, facing charges does not mean you are guilty. With proper legal guidance and a proactive approach, you can navigate this challenging situation and work towards the best possible outcome.