Accidental HIPAA Violations: Can You Get Fired?
The Health Insurance Portability and Accountability Act (HIPAA) regulations are complex and have multiple consequences for healthcare organizations that fail to comply with their requirements. One of the most serious consequences is terminating the employment of staff who have intentionally or accidentally violate HIPAA regulations.
The question "Can I get fired for an accidental HIPAA violation?" is valid, considering the seriousness with which the Department of Health and Human Services (HHS) and the OCR (Office for Civil Rights) investigate and prosecute non-compliance with HIPAA regulations. In this article, we will provide the answer and explore the subsequent consequences and steps you need to take in the unfortunate event of an accidental HIPAA violation.
Short Answer: Yes, you can get fired for an accidental HIPAA violation, but not necessarily immediately or automatically
While accidental violations may be less severe than intentional breaches, the healthcare organization or employer has a right to take action under the "reasonable cause and effect" principle. Employers must demonstrate that an employee’s actions led directly to a HIPAA breach and that the employee received proper training and was deemed responsible.
When May Your Employer Decide to Terminate Your Employment?
Following an accidental HIPAA breach, employers may terminate the employment of staff for certain reasons. These may include:
- Neglect of responsibility: Failing to handle protected health information (PHI) confidentiality or allowing unauthorized access or disclosure of PHI.
- Unintentional disclosures: Accidental HIPAA violations, such as sending sensitive information via non-secured email or SMS, and failing to anonymize sensitive data.
- Prolonged failure to comply: Repeat violations, lack of willful adherence to HIPAA regulations, or unwillingness to update training.
Here are the 5 worst-case scenarios when deciding whether an employer might choose to terminate your employment following an accidental HIPAA violation:
- Mishandling electronic patient data: Accidentally attaching patient PHI to a widely shared document or storing ePHI on a desktop or hard drive that falls into unauthorized hands.
- Sharing sensitive health information publicly: Unknowingly publishing patient health records or providing unauthorized access to patient health information online, such as on social media.
- Mistakingly printing confidentiality logs: Printing log details or breach reports on unlocked or open printers, permitting unauthorized personnel to view potentially sensitive data.
- Revealing unauthorized PHI online: Filling out incorrect or insufficient survey questions about patient PHI when asked publicly, thus placing the protected information online where it might be compromised further.
- Abandoning or ignoring work duties: Failing to properly log out, storing sensitive records in open-access areas, or consistently accessing sensitive PHI without adhering to mandatory security policies while neglecting work duties.