# 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](https://sase.checkpoint.com/glossary/hipaa). 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](https://sase.checkpoint.com/glossary/hipaa) 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.

1. **Employees Divulging Patient Information**  
   Ensuring patient privacy requires strict adherence to policies.

2. **Medical Records Left Unattended**  
   Patient records should always be securely stored.

3. **Stolen Electronic Devices**  
   Loss or theft of devices can lead to significant violations.

4. **Texting Patient Information**  
   Texting exposes sensitive data to potential hackers.

5. **Sharing Patient Information Through Skype or Zoom**  
   Unsecured platforms pose risks for patient data.

6. **Discussing Patient Information Over the Phone**  
   Conversations should be private and secure.

7. **Secure Email Communication**  
   Use encryption to maintain the security of sensitive data.

8. **Sharing Medical Information on Social Media**  
   Posting patient photos can violate HIPAA regulations.

9. **Secure Usage of Personal Computers**  
   Ensure devices are secured when not in use.

10. **Unauthorized Access to Patient Files**  
    Access should only be granted as necessary for duties.

11. **Misuse of PHI for Personal Gain**  
    Selling PHI for personal gain is illegal and severe.

12. **Obtaining Written Consent**  
    Written consent is mandatory for disclosing PHI.

13. **Releasing Records After Authorization Date**  
    Ensure to follow authorization timelines.

14. **Ensuring Proper Patient Signatures**  
    Forms must be properly signed to be valid.

15. **“Need to Know” Principle for Nurses**  
    Access should be limited to only necessary patient information.

16. **Compliance with the “Minimum Necessary” Principle**  
    Only share essential patient information.

17. **Obtaining Consent for Minors**  
    Ensure proper parental consent when required.

18. **Releasing the Wrong Patient’s File**  
    Implement verification processes to prevent errors.

19. **Inclusion of the “Right to Revoke” Clause**  
    Ensure forms include this clause for validity.

20. **Proper Disposal of Records**  
    Shred or properly dispose of patient records.

## How to Avoid HIPAA Violations
### Tips for Covered Entities
- Implement adequate access control.
- Ensure proper employee training.
- Conduct periodic audits for compliance.
- Ensure proper disposal of PHI records.

### Tips for Employees and Healthcare Providers
- Avoid discussing patients with unauthorized parties.
- Never leave PHI access devices unattended.
- Follow policies to prevent inadvertent release of PHI.