20 Most Common HIPAA Violations You Should Avoid (2024)

20 Most Common HIPAA Violations You Should Avoid in 2024

What is a HIPAA Violation?

A HIPAA violation is noncompliance on the part of a HIPAA-covered entity with the standards set by the Health Insurance Portability and Accountability Act of 1996. Examples of HIPAA violations include:

Unauthorized access to Protected Health Information (PHI)
Failure to perform an organization-wide risk assessment
Lack of a risk management process
Inadequate ePHI access control
Failure to use encryption
Impermissible disclosure of PHI

The 10 Most Common Violations

The U.S. Department of Health and Human Services (HHS Office of Civil Rights) enforces HIPAA compliance and determines the appropriate penalties in cases where violations occur.

Here are 10 of the most common HIPAA violations. We’ll divide these violations into two categories:

Violations that incur financial penalties
Violations that do not incur financial penalties

Violations that Incur Financial Penalties

HIPAA Violations and Financial Penalties

Violation	Penalty Range
Non-Performance of an Organization-Wide Risk Analysis	$100,000 – $6,500,000
Lack of a Risk Management Process	$150,000 – $1,700,000
Unauthorized Access to PHI	Varies
Inadequate Access Control for ePHI	$111,400 – $5,500,000
Failure to Use Encryption or its Equivalent	$650,000 – $3,200,000
Reporting Breaches Past the 60-Day Deadline	$130,000 – $875,000
Failure to Enter HIPAA-Compliant Business Associate Agreement	Varies
Lack of Employee Training	Varies
Improper Disposal of PHI	Varies
Reckless Use of Social Media	Varies

Violations Without Financial Penalties

Here are a few violations that do not result in any financial penalty but a corrective action plan:

Discussing a patient’s PHI where other parties can hear it.
Charging a patient unreasonably for a copy of their PHI.

What are the Penalties for HIPAA Violations?

HIPAA violations come with penalties that may be monetary (for civil violations) and can result in jail time (for criminal offenses).

Civil Penalties

Civil penalties are divided into four tiers of increasing levels of guilt:

Level of Violation	Minimum Penalty ($)	Maximum Penalty ($)	Annual Cap ($)
Tier 1	$127	$63,973	$1,919,173
Tier 2	$1,280	$63,973	$ 1,919,173
Tier 3	$12,794	$63,973	$1,919,173
Tier 4	$63,973	$1,919,173	$1,919,173

Criminal Penalties

Criminal penalties are imposed on individual health practitioners who knowingly violate HIPAA:

Level of violation	Maximum monetary penalty($)	Maximum jail time
Tier 1	$50,000	1 year
Tier 2	$100,000	5 years
Tier 3	$250,000	10 years

20 Most Common HIPAA Violation Examples

Here are some concrete examples of HIPAA violations and their consequences.

Employees Divulging Patient Information
Ensuring patient privacy requires strict adherence to policies.
Medical Records Left Unattended
Patient records should always be securely stored.
Stolen Electronic Devices
Loss or theft of devices can lead to significant violations.
Texting Patient Information
Texting exposes sensitive data to potential hackers.
Sharing Patient Information Through Skype or Zoom
Unsecured platforms pose risks for patient data.
Discussing Patient Information Over the Phone
Conversations should be private and secure.
Secure Email Communication
Use encryption to maintain the security of sensitive data.
Sharing Medical Information on Social Media
Posting patient photos can violate HIPAA regulations.
Secure Usage of Personal Computers
Ensure devices are secured when not in use.
Unauthorized Access to Patient Files
Access should only be granted as necessary for duties.
Misuse of PHI for Personal Gain
Selling PHI for personal gain is illegal and severe.
Obtaining Written Consent
Written consent is mandatory for disclosing PHI.
Releasing Records After Authorization Date
Ensure to follow authorization timelines.
Ensuring Proper Patient Signatures
Forms must be properly signed to be valid.
“Need to Know” Principle for Nurses
Access should be limited to only necessary patient information.
Compliance with the “Minimum Necessary” Principle
Only share essential patient information.
Obtaining Consent for Minors
Ensure proper parental consent when required.
Releasing the Wrong Patient’s File
Implement verification processes to prevent errors.
Inclusion of the “Right to Revoke” Clause
Ensure forms include this clause for validity.
Proper Disposal of Records
Shred or properly dispose of patient records.