Medical professionals in the Detroit area have all gone through Health Insurance Portability and Accountability Act (HIPAA) training. During the mandatory training, an employee should be aware of the possible penalties that can come from breaking the HIPAA rules. They are often serious penalties, both civil and criminal, that can affect a person’s future.
Penalties for breaking HIPAA rules
The penalties for breaking HIPAA rules depend on the severity of the violation. There are numerous factors that may be considered when determining the penalties an employee may face. These include:
- Nature of the violation
- Whether the employee knew or should have known that HIPAA rules were being violated.
- Harm caused by the violation.
- Corrective action taken.
- Whether there was malicious intent.
- Number of people affected by the violation
- Whether there was a violation of the criminal provision of HIPAA
Breaking HIPAA rules can lead to an employee:
- Losing their job
- Employer dealing with the violation internally with the employee
- Sanctions from professional boards
- Criminal charges
If a person is facing accusations of breaking HIPAA rules, they may want to consult with a legal professional who is skilled in criminal defense as soon as possible. An attorney can take the time to investigate the HIPAA violation claim and help defend their client against these serious charges. They can review the company’s HIPAA training, computer systems, and other possible defenses. They understand that their client is facing serious allegations and charges and could face penalties including jail time. The government no longer views snooping into patient records a victimless crime and is prepared to sentence medical workers to prison for HIPAA violations.