A breach is a specific type of violation that entails the unauthorized use or disclosure of PHI, compromising its security or privacy. This specifically violates the privacy and security of PHI in a way that is not permitted under HIPAA's Privacy Rule.
A breach can include incidents like unauthorized access to medical records, sharing PHI with unauthorized individuals, loss or theft of devices containing PHI, hacking incidents compromising PHI security, or improper disposal of PHI.
See also: HIPAA Compliant Email: The Definitive Guide
FAQs
How can you identify a breach?
Identifying a HIPAA breach involves recognizing any unauthorized acquisition, access, use, or disclosure of PHI that compromises its security or privacy.
Monitoring access logs, conducting regular security assessments, and promptly investigating any suspicious incidents are essential steps in identifying potential breaches. Early detection enables prompt action to mitigate harm and fulfill reporting requirements under HIPAA regulations.
What steps should be taken in the event of a HIPAA breach?
Organizations should promptly investigate the breach, mitigate any harm to affected individuals, notify affected individuals and relevant authorities as required by law, and take steps to prevent future breaches. This may involve implementing additional security measures, conducting staff training, and revising policies and procedures.
What should individuals do if they believe their PHI has been breached?
Individuals who believe their PHI has been breached should promptly report the incident to the covered entity or business associate responsible for the breach. They should also monitor their financial accounts and medical records for any signs of fraudulent activity.
What are the penalties for HIPAA violations?
The penalties for HIPAA violations can vary depending on the severity and circumstances of the violation. Civil monetary penalties can range from $100 to $50,000 per violation, with a maximum annual penalty of $1.5 million for all violations of an identical provision. However, penalties can be higher for cases involving willful neglect. They can include criminal charges, which may result in fines up to $250,000 and imprisonment for up to 10 years for the most severe violations.
Are healthcare organizations liable for HIPAA breaches caused by their business associates?
Yes, covered entities can be held liable for HIPAA breaches caused by their business associates if the business associate was acting within the scope of their agreement with the covered entity at the time of the breach.
How soon must covered entities report a HIPAA breach?
Covered entities are required to report any breach of unsecured PHI without unreasonable delay and no later than 60 days after discovering the breach. This reporting timeframe ensures that affected individuals are promptly notified and appropriate actions are taken to mitigate any harm resulting from the breach.
Related: What are the HIPAA breach notification requirements
What is the HIPAA Breach Notification Rule?
The HIPAA Breach Notification Rule requires covered entities and their business associates to notify affected individuals, the Department of Health and Human Services' Office for Civil Rights (OCR), and potentially the media and state authorities following a breach of unsecured PHI.
Related: The basic elements of a HIPAA compliant breach notification
What is the difference between a HIPAA breach and a HIPAA violation?
A HIPAA breach involves the unauthorized disclosure of PHI, triggering notification requirements, while a HIPAA violation encompasses any failure to comply with HIPAA regulations, whether or not it leads to a breach. Both breaches and violations can result in penalties, but the severity of the consequences may vary depending on the nature and extent of the non-compliance.
Go deeper: Understanding HIPAA violations and breaches
Tshedimoso Makhene
