Common types of HIPAA violations include impermissible uses or disclosures of protected health information, failures to apply the HIPAA Minimum Necessary Rule, failures to provide individuals timely access to records under the HIPAA Privacy Rule, insufficient safeguards for electronic protected health information under the HIPAA Security Rule, missing or deficient business associate arrangements, and noncompliance with breach notification requirements under the HIPAA Breach Notification Rule.
Impermissible use or disclosure occurs when protected health information is accessed, used, or shared outside a permitted purpose or without a valid authorization. Frequent examples include disclosing information to an unauthorized family member, discussing patient information where it can be overheard, sharing screenshots or photos that contain identifiers, and using patient information for purposes unrelated to treatment, payment, or healthcare operations. Workforce snooping also fits this category when personnel access records without a job related need.
Violations of individual rights commonly involve delayed or incomplete responses to requests for access, charging fees that do not meet regulatory limits, or imposing barriers to obtaining an electronic copy when required. Failures involving notices and administrative controls also occur, including providing an incomplete Notice of Privacy Practices, not implementing and enforcing policies and procedures, and not providing role based training and sanctions for violations. Business associate related violations include failing to have a compliant business associate agreement in place before a vendor creates, receives, maintains, or transmits protected health information, and failing to manage downstream disclosures and subcontractor arrangements.
HIPAA Security Rule failures frequently involve gaps in risk analysis and risk management, access controls that do not limit users to job functions, weak authentication practices, unpatched systems, and insufficient audit controls. Physical and device related failures include lost or stolen unencrypted laptops and portable media, insecure workstation practices, and improper disposal of paper records or electronic media that contain protected health information. HIPAA Breach Notification Rule violations include failing to conduct a documented breach risk assessment when indicated, delaying notifications beyond required timeframes, omitting required content in notifications, and not issuing required notices to the Department of Health and Human Services or the media when thresholds are met.