
Losing sensitive patient information is a serious concern for healthcare providers. According to the article, unauthorized access to electronic protected health information (ePHI) is a leading cause of HIPAA breaches.
Insufficient training and lack of awareness among staff can lead to accidental breaches. This can happen when employees mishandle patient data or fail to report suspicious activity.
Human error is a major contributor to HIPAA breaches. In many cases, breaches occur due to simple mistakes, such as sending patient information to the wrong recipient or leaving sensitive documents unsecured.
Staff turnover and inadequate workforce management can also contribute to breaches. When new employees are not properly trained or supervised, the risk of mishandling patient data increases.
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Common Causes of Breaches
Losing a personal cell phone that allows access to workplace applications is considered a HIPAA violation, even if it's unintentional.
The most common cause of large breaches is hacking or other IT-related incidents that impact electronic equipment or network servers, accounting for 75% of all large breaches.
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Unauthorized access or disclosure of records containing protected health information (PHI) is the top type/cause of large breaches, affecting approximately 37 million individuals in 2021.
The most common cause of smaller breaches is unauthorized access or disclosures, accounting for 94% of all smaller breaches.
Healthcare employees not adequately informed about HIPAA regulations may inadvertently violate privacy rules, leading to significant breaches.
Insider threats, such as employees misusing patient data, intentionally or unintentionally, pose a unique risk to HIPAA compliance.
Physical security breaches, such as lost or stolen devices containing PHI, unauthorized access to paper records, or unsecured workstations, can lead to significant HIPAA violations.
Phishing poses a significant security threat to the healthcare industry, allowing threat actors to bypass security defenses easily.
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Physical Security Lapses
Physical security lapses can lead to significant HIPAA violations, resulting in lawsuits against healthcare providers. Over 800 device loss or theft incidents have been reported in the last decade, with a big problem being devices with stored patient health information being stolen or lost.
Devices like desktop computers, laptops, tablets, and smartphones are vulnerable to theft and misplacement due to their small size and portability. Mobile devices are the most vulnerable to theft.
Physical security breaches can occur due to lost or stolen devices containing PHI, unauthorized access to paper records, or unsecured workstations. These breaches have resulted in numerous lawsuits against healthcare providers.
Healthcare organizations need to implement stringent physical security measures, such as securing devices, restricting access to sensitive areas, and properly disposing of paper records. This is essential for protecting patient information and preventing HIPAA violations.
In fact, over 95% of identity theft comes from stolen medical information, which can lead to a significant breach of patient trust and result in millions of dollars in fines.
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Cybersecurity Weaknesses
Cybersecurity Weaknesses are a significant concern for HIPAA compliance. Phishing poses a significant security threat to the healthcare industry, allowing threat actors to bypass security defenses easily. Cybercriminals constantly look for ways to exploit vulnerabilities in healthcare data systems, particularly outdated software, weak passwords, and susceptibility to phishing scams.
According to the HITECH Act, OCR reported that hacking or other IT-related incidents were the most common type/cause of large breaches in 2021, impacting 75% of all large breaches. These incidents often target electronic equipment or network servers.
Healthcare providers are legally obligated to implement adequate cybersecurity measures to protect patient data. Failing to do so can result in significant penalties for non-compliance and compromise patient information.
Cybersecurity weaknesses can lead to devastating consequences, including financial losses and damage to an organization's reputation. In 2021, OCR received 609 reports of breaches affecting 500 or more individuals, with the large breaches impacting approximately 37 million individuals.
To mitigate these risks, healthcare providers must implement robust cybersecurity measures, such as:
- Auditing of sessions, including logging, alerts, and monitoring
- Granular control of vendor and employee access, including one-click onboarding and offboarding
- Just-in-time (JIT) access to needed records
By implementing these measures, healthcare providers can demonstrate their commitment to managing their records and prevent unauthorized access to sensitive files.
Prevention and Compliance
Human error is the most common cause of PHI breaches, accounting for 39% of healthcare breaches in 2021. This is often due to employees dishonestly accessing files, either out of curiosity, spite, or to fulfill a request from a friend or relative. To prevent this, healthcare organizations should implement policies and procedures with annual HIPAA Security training, enforcing unique User IDs, passwords, passcodes, user ID codes, and/or clearance levels to discourage employees from accessing patient files they're not authorized to see.
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Staff misconduct can lead to severe breaches of HIPAA compliance, and it's essential to hire only after thorough background checks. However, even the most thoroughly vetted employees can mishandle patient information. To avoid violations, healthcare organizations should perform a HIPAA self-assessment to identify high-risk vulnerabilities or gaps in compliance.
To maintain compliance, covered entities should regularly perform a comprehensive risk analysis, train employees, and store records of employee training. They should also ensure business associate contracts specify HIPAA compliance and keep track of policies in place with these vendors. Additionally, healthcare organizations should know where they store PHI, how it's accessed, and what policies are in place to protect it.
For more insights, see: Hipaa Security Risk Assessment Tool
Preventing Violations with StrongDM
Human error is the most common cause of PHI breaches, as mentioned in Example 6, "ChartRequest Prevents Avoidable Breaches". This is because there are many ways to trick people into making mistakes. To avoid these mistakes, training employees to avoid common pitfalls is crucial, as stated in Example 8, "Tips for employees, providers, and contractors".
Suggestion: Which of the following Is an Example of A?
To minimize the number of threat vectors for cybercriminals to target, it's essential to use secure solutions like StrongDM. This platform helps prevent HIPAA violations by providing just-in-time access to needed records, as mentioned in Example 11, "How StrongDM Helps You Avoid HIPAA Violations".
StrongDM's infrastructure access platform helps upgrade security for PHI by providing auditing of sessions, logging, alerts, and monitoring. This makes it possible to demonstrate an organization's commitment to managing its records. IT, security, and compliance teams can quickly investigate HIPAA breaches and limit damages.
Here are some key features of StrongDM that help prevent HIPAA violations:
- Just-in-time (JIT) access to needed records, preventing hacking and misuse
- Auditing of sessions, logging, alerts, and monitoring to demonstrate commitment to managing records
- Granular control of vendor and employee access, including one-click onboarding and offboarding
By using StrongDM, covered entities can meet the standard of implementing processes and procedures to detect and correct security violations, as required by HIPAA standards. This helps prevent costly breaches and ensures compliance with HIPAA regulations.
Preventing Lost or Stolen Devices
Over 800 device loss or theft incidents have been reported in the last decade.
Maximizing security is key to preventing breaches caused by lost or stolen devices. Securing devices that store protected health information is a required aspect of the Security Rule Physical Safeguards.
Encrypting all PHI kept on a device is essential, as it converts files to illegible code that can only be converted back with the correct decryption code.
You should never leave devices with PHI unprotected, even if you're just stopping for a moment. If a stop is necessary, keep the device on your person if possible, or avoid letting your car leave your sight.
Mobile devices are the most vulnerable to theft and misplacement because of their smaller size and portability. In fact, 95% of identity theft comes from stolen medical information.
To prevent lost or stolen devices, keep a watchful eye on your devices and lock them up when you're not around. Secure your files on these devices with encryptions and use a cloud hosting solution for remote access.
Encrypting your files can alleviate the need to notify HHS of a breach of greater than 500 individuals.
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Consequences and Reporting
HIPAA violations can have serious consequences, including fines and penalties for healthcare providers who fail to protect patient information.
Unauthorized access to PHI, improper disposal of patient records, and failure to obtain patient consent for particular uses of information can all lead to HIPAA violations.
Attorneys can help healthcare organizations minimize legal risks by advising them on compliance strategies.
Healthcare providers must notify affected individuals of data breaches, which can happen if they fail to protect patient information.
These breach notifications often contain valuable information about the scope of the breach, the type of PHI exposed, and the actions taken by the healthcare provider to mitigate the damage.
If healthcare providers delay sending these notifications, they may violate HIPAA's reporting requirements, which could constitute an additional breach.
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Reporting a Violation
You can report a HIPAA violation to the HHS through their online complaint portal. Anyone can file a complaint, and it's usually a straightforward process.
File complaints within 180 days of the violation, unless you can demonstrate a good reason for an exception.
Data Breach Notifications
Data breach notifications are a crucial part of HIPAA regulations, requiring healthcare providers to inform affected individuals about data breaches.
Healthcare providers must notify individuals about the scope of the breach, the type of PHI exposed, and the actions taken to mitigate the damage.
In 2021, OCR received 609 reports of breaches affecting 500 or more individuals, with the large breaches impacting approximately 37 million individuals.
These breach notifications can be a valuable resource for attorneys, who can use them as leads for potential cases.
If healthcare providers delay sending these notifications, they may violate HIPAA's reporting requirements, which could constitute an additional breach.
OCR reported that it received approximately 63,500 reports of breaches affecting fewer than 500 individuals in 2021, with the smaller breaches impacting approximately 319,000 individuals.
Healthcare providers must be proactive in sending these notifications to avoid any additional consequences.
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Sources
- https://chartrequest.com/hipaa-violation-common-causes/
- https://www.recordrs.com/blog/common-causes-of-breaches-in-hipaa-compliance/
- https://www.strongdm.com/blog/hipaa-violation-examples
- https://www.feldesman.com/hipaa-breaches-and-complaints-increased-over-five-year-reporting-period/
- https://intraprisehealth.com/most-common-hipaa-privacy-violations/
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