There’s no room for chance or error when it comes to the Health Insurance Portability and Accountability Act (HIPAA). Every hospital, private practice, medical supplier, and healthcare organization must take precautions against non-compliance incidents, which can end up on an employee’s record, sometimes indefinitely. We discuss how long a HIPAA violation stays on one’s record, other consequences of HIPAA non-compliance, and how compliance software can help your organization prevent these costly mistakes.
How Long a HIPAA Violation Stays on Your Record
How long a violation stays on a person’s record depends on the nature and severity of the infraction. The HIPAA violation will likely remain if it’s relatively severe and intentional. Such violations can include deliberately leaking or sharing protected health information (PHI) or stealing a patient’s identity.
A less serious HIPAA violation on a person’s record can expose them to more severe penalties if they hold on to their job but break the rules again. Also, securing employment after being terminated for a violation can be virtually impossible if the act remains on an employment record.
Whether or how long a HIPAA violation can stay on your record depends on the type, severity, and motive behind an infraction. In some cases, an accidental HIPAA violation, such as unintentionally allowing others to overhear a discussion of a patient’s condition, may subject a person to organization-level repercussions, such as a fine, suspension, or termination. If the HIPAA violation doesn’t end up on a person’s background check, the suspension or termination will still be on the employment record.
Repercussions of Having a HIPAA Violation on One’s Record
A HIPAA violation on a person’s record can have lasting implications. A professional with a severe breach can lose their license, which can negatively impact their ability to seek employment in healthcare and even disqualify them from future positions in the field.
There are also legal consequences to consider. Law enforcement must get involved when a HIPAA violation infringes on Social Security, which means the U.S. Department of Justice (DOJ) prosecutes the case. The most severe criminal HIPAA violations can result in up to $250,000 in fines and ten years imprisonment. Some violators receive an additional two years for aggravated identity theft. Such criminal acts can seriously affect the entire organization — not just the negligent person — for many years.
Most organizations have specific rules when handling HIPAA violations. Some entities are stricter with employees who knowingly break the rules, often terminating their employment, especially if there is a history of non-compliance. It would be wise to check if your state government has additional regulations regarding HIPAA violations.
In contrast, minor infractions may result in disciplinary action or suspension during a HIPAA violation investigation. In some unintentional or good-faith cases, the organization might not report the breach if it was a first-time offense.
Solutions With Compliance Software and Support
Proper preventive measures are critical for ensuring HIPAA compliance and helping employees keep their records clean. Investing in comprehensive compliance software and support from Compliancy Group is a vital step for your organization.
Our software protects your organization by helping you create solid policies and procedures that align with the latest HIPAA regulations. You’ll have access to templates, guidelines, and automated systems to conduct risk assessments, report and respond to incidents, and provide specialized training for every employee. With our software, you can receive anonymous reports of non-compliance and provide all the information your compliance officer requires to engage in the necessary follow-up actions.
Working with Compliancy Group means protecting your organization and employees from permanent blemishes on healthcare records, which can negatively impact your reputation for many years. Contact us today to learn about software, resources, and other tools that can keep your business compliant and your credibility intact.
