What Should Happen If a Nurse Violates HIPAA?

Health workers are constantly walking the tightrope. Apart from attending to the medical needs of their patients, they must be aware of the legal demands of their professions. If these legal requirements are not met, the implications can be costly. One such requirement is the Privacy and Security Rules for HIPAA compliance. These rules regulate how healthcare workers share information about their patients.

For example, did you know that under HIPAA law, it is unlawful for nurses to discuss patients with other nurses who aren't actively involved in those patients’ care? What then happens when a nurse violates HIPAA? Read on to find out.

What Is HIPAA?

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 is a federal law that protects the privacy and integrity of patient health information. The HIPAA is enforced by the US Department of Health and Human Services (HHS). The HIPAA Privacy Rule regulates when and who can share an individual’s health information. It also prohibits disclosure without the patient's authorization. The Security Rule focuses on the integrity and accessibility of only electronic protected health information.

Common HIPAA Violations by Nurses and How to Prevent Them

The list of all the possible ways nurses may violate HIPAA would be exceedingly long. That said, there are more common scenarios by which nurses violate HIPAA. We'll dive into the most common examples of HIPAA violations.

Unauthorized Disclosure

Unauthorized disclosure may seem innocent. In non-medical professions, discussing clients and work problems with coworkers and colleagues is common. In the medical profession, this is illegal. Patient information can't be shared with anyone who isn't involved with that specific patient's care.

Another scenario is when other patients overhear a discussion on another patient between two healthcare workers. The onus is on the staff to ensure they're in a secure location before sharing medical information. For this reason, it is often best practice to exchange notes within a medical chart.

Inadequate protection of patients’ medical records is also a form of unauthorized disclosure. Nurses are responsible for protecting privacy when accessing medical records, i.e., Logging off from a computer after use or putting the monitor to sleep before taking up another task.

Unauthorized disclosure may also be done for monetary gain. For example, in 2023, five ex-employees of a hospital in Memphis pled guilty to HIPAA violations. Investigations revealed that over three years, these people sold the names and phone numbers of motor accident victims to third-party agents, including chiropractors and personal injury lawyers.

Insecure Storage

Insecure storage of health records increases the risk of unauthorized access and disclosure. Records containing PHI must be stored in a secured area.

Unapproved Channels

Nurses may violate HIPAA if they use non-approved channels to transmit patient information. For example, texting or calling a coworker to ask about a shared patient's case would be a HIPAA violation, even though it is not done maliciously.

Improper Disposal

Under the Privacy Rule, the HIPAA lists the approved methods of destroying electronic and paper records. Improper disposal increases the risk of unauthorized access. In 2022, the OCR found a beauty clinic guilty of HIPAA violations. An investigation revealed that employees at the clinic had dumped specimen bottles labeled with patients’ names and dates of birth into a regular dumpster.

Failure to Report

Failure to report a HIPAA violation, no matter how menial it may seem, is a more severe violation. This means nurses and other medical professionals are duty-bound to report any violations they witness. This applies whether the violation was intentional or accidental. The violation must be reported through internal channels or to the Department of Health and Human Services online.

Social Media

Nowadays, it is common to see nurses breaching HIPAA rules on social media. With the rise of videos, reels, and memes, nurses risk the possibility of exposing patients' protected health information to their followers. To reduce the risk of violations, The National Council of State Boards of Nursing released social media guidelines for nurses to help with this.

Nurses may also be at risk of violations even when the content they share contains no PHI. In 2021, a North Carolina Nurse was suspended for sharing TikTik videos about her patients. These videos did not expose the identities of her patients, but the people who found her jokes distasteful complained to her employer, who took disciplinary action against her.

What Happens When a Nurse Violates HIPAA?

Depending on the severity, the consequences of HIPAA violations for healthcare workers can be mild or severe.

Mild violations may be accidental. Accidental violations are not uncommon. They can happen even to the most conscientious of nurses. Because these violations are not malicious, they are often dealt with internally. Some employers may require nurses to take a refresher HIPAA course.

More serious violations often require disciplinary actions. For example, some employers may decide to terminate the work contract of an erring nurse. Serious violations with malicious intent may require criminal prosecution. Criminal prosecutions are rare, but penalties include fines and imprisonment. For example, theft of PHI for financial gain is punishable by up to 10 years.

HIPAA does not allow for private proceedings against nurses. By this, we mean that if a nurse violates HIPAA, the patient cannot sue the nurse directly for the violation. This said, in some instances, there may be a viable claim under certain state laws.

Can a nurse lose their license for a HIPAA violation? Yes, if the violation is criminal or if it is gross misconduct. It is also possible to lose your license if you continue to violate HIPAA laws after repeated warnings.

Steps to Take After a HIPAA Violation in Healthcare

Report all violations to your employer or line supervisor as quickly as possible. Timely reporting gives employers a head start in commencing a full investigation into the violation claim. If an employer needs to report to the OCR, they must do so within 180 days from the initial discovery. An early report to the OCR may reduce the magnitude of penalty charges.

HIPAA Best Practices for Nurses

The best practice for nurses remains HIPAA training for healthcare professionals. As a healthcare worker, you should know how to apply HIPAA regulations in your work setting. While it is true that much of this knowledge comes with time and experience, you can still empower yourself by taking in-depth and easy-to-understand courses. Our HIPAA for healthcare workers provides all these and more. This course explains all HIPAA regulations and how to apply them in a clinical setting. After the course, you earn a certificate and CPD points accredited by the IACET. Get started today!

For 2021 Guidelines for Healthcare Workers, please click here. For 2021 Guidelines for Business Associates, please click here.