Reporting a HIPAA violation is necessary, but the approach varies based on several factors. For instance, the public follows different steps to report a HIPAA violation compared to the procedures used by members of a covered entity. This article will discuss how to report HIPAA violations, with an emphasis on understanding what exactly constitutes a violation.
How to File a HIPAA Violation Complaint
There are different channels that you can use to report a HIPAA violation, and the channel chosen depends on the nature of the violation and if you are a member of the public or part of the workforce of a covered entity. Based on your role, you can report a HIPAA to either:
- The Privacy Officer of the organization where the violation occurred
- The State Attorney General
- The Office for Civil Rights
How to File a HIPAA Breach Internally
In addition to reporting HIPAA violations to external organizations, healthcare or insurance professionals can also report the same violations internally. For example, if you are a health care provider and you suspect that a HIPAA violation has taken place, you should report the incident to the organization’s Privacy Officer, or report to a supervisor, or to the individual responsible for overseeing HIPAA compliance within your organization.
HIPAA violations reported internally can also be investigated internally. The findings of the investigation often determine if the violation is a reportable breach according to the provisions of the HIPAA Breach Notification Rule.
Many times, minor HIPAA violation incidents are handled within the organization, especially those that did not result in the impermissible disclosure of personal health information. At the same time, HIPAA violations that are considered errors made in good faith are not categorized as severe, especially when there is a limited risk that the information shared will be retained.
Healthcare professionals should report accidental HIPAA violations to avoid HIPAA penalties, even if these occur despite careful compliance efforts. Accidental HIPAA violations occur when members of the workforce take great care and work compliantly but accidentally view a patient’s personal health information without authorization. These accidental violations should still be reported, and actions should be taken to prevent their reoccurrence.
Navigate HIPAA Compliance With Confidence
Are you uncertain about handling a potential HIPAA violation? Often, HIPAA violations can be resolved through voluntary compliance or technical guidance without resulting in civil monetary penalties. However, when penalties do apply, they can reach into the millions, posing significant risks to your organization. At ComplyAssistant, our experienced HIPAA consultants are here to guide and shield your organization from potential breaches. Don’t leave your compliance to chance. Call us today to schedule a consultation and fortify your HIPAA compliance strategy.