Find out what a HIPAA violation is, how they are reported, and how to prevent them from occurring.
What Is a HIPAA Violation?
As a healthcare provider, it is essential to do everything you can to avoid HIPAA violations. A single HIPAA violation can cost you up to $50,000, may result in loss of license, and, in rare cases, up to a year in prison.
But you might be wondering, “What is a HIPAA violation?” A HIPAA violation is any action that violates the Health Insurance Portability and Accountability Act (HIPAA). This act protects the right to privacy regarding medical documentation.
All providers must ensure that they comply with HIPAA regulations. Fortunately, there are ways to avoid making one of these costly errors. We’ll review 26 of the most common HIPAA violation examples and what you can do to prevent them.
HIPAA Violation Examples
1. Employees Divulging Patient Information
Patient information needs to be kept private. Employees talking about patients to coworkers or friends is a HIPAA violation that can land you in a world of hurt. Employees can’t share patient information with friends, family members, third-party vendors or organizations . Also, employees should only discuss patient information in private places and only with other medical personnel. There’s no reason to share such information with anyone else.
2. Medical Records Falling into the Wrong Hands
Mishandling patient records is one of the most common HIPAA violations. This frequently occurs when a clinic uses paper records or charts. This can result in the clinician accidentally leaving the record in the patient’s room, resulting in another patient seeing it. Patient records should always be kept in a locked space so they can’t be stumbled upon by others.
3. Stolen Items
If an item containing PHI, such as a laptop or smartphone, is lost or stolen, that’s also considered a HIPAA violation and can result in a hefty fine. To safeguard against this, any device containing PHI should be password protected. Be sure to lock down any device with PHI once you’re done using it. A password doesn’t do any good if the laptop is left open and logged in while you go do something else.
4. Lack of Proper Training
One of the best ways to avoid a HIPAA violation is to train your employees with the proper policy. You need to establish policies that ensure patients’ information is protected and kept confidential at all times. Employees who are properly trained on how to avoid HIPAA violations are much less likely to make such mistakes.
However, mistakes will be made. When such a breach occurs, you need to have a plan on how to appropriately handle it. Trainings should be held regularly to make sure all employees, old and new, are well aware of your policy. Training all new employees on your policy and hold quarterly trainings to keep it fresh in all employees’ minds.
5. Texting Private Information
While texting patient information may seem fast and effective, it also gives hackers the ability to get their information. You can’t put a patient’s name or information in a text. If you do and you’re caught, it can be a 5k fine per violation per text. And legally, you’re required to report those violations. There are programs that encrypt the information which allow it to be texted without concern. But the problem here is that it needs to be installed on the wireless device of both parties, and it rarely is.
A good electronic medical record (EMR) software will provide ways for clinicians to transfer such information efficiently and in accordance of HIPAA. Check with your EMR provider to see what can be done to make your communications compliant. If you’re looking for a new EMR, we’ll give you a free demo here. You can also learn more about the features of our EMR here.
6. Passing Patient Information Through Skype or Zoom.
Texting isn’t the only common kind of communication that’s a HIPAA violation. Skype is another way clinic employees frequently communicate about patients, but the same problems apply. Hackers can easily obtain that information. This is part of why it’s so important to have a good EHR. If you’re looking for a new EHR software, you learn what to look for here.
7. Discussing Information Over the Phone
Another potential HIPAA violation that’s easily overlooked is discussing information over the phone. But it’s vital. When you’re discussing a patient’s information on the phone, you need to be in a private place where others can’t hear you. Talking about a patient in a public area where others can hear you is a HIPAA violation.
8. Posting on Social Media
You absolutely can not post photos of your patients on social media. It’s a definite HIPAA violation even if no names or information is posted. People can easily identify the patient and the doctor, which can reveal unwanted information about their health. This should definitely be taught in policy training. No matter how harmless the intent, this can result in huge fines and is very easy to prove.
9. Employees Accessing Patient Files and Charts Without Authorization
This is a very common HIPAA violation and frankly, it doesn’t matter the cause. Employees can only access patient information when they’ve been authorized to do so. It’s illegal to do so even if it’s purely out of curiosity or to help a friend.
10. Using PHI for Personal Gain
This should go without saying that using or selling PHI for personal gain is illegal. In addition to a large fine, it can also result in prison time. Again, make sure this is taught in your training to new employees and quarterly trainings.
11. Written Consent
Before PHI can ever be disclosed for purposes other than treatment, payment, or healthcare operations, you must get written consent. If you or one of your employees aren’t sure, it’s always best to err on the side of caution and get written consent.
12. Home Computers
It’s not uncommon for doctors and nurses to use their own computers to access patient information after hours for notes. In itself, this isn’t a HIPAA violation, but it can very easily turn into one if the screen is left on and a family member sees the patient’s information. As we mentioned before, laptops, computers, and smartphones should always be powered down and password protected when you aren’t using them. Again, make sure this is taught in your policy trainings.
13. Inquiries in Social Settings
It’s very common for people to approach clinicians in a social situation asking about someone they know who is a patient. When you think about it, it makes perfect sense. Patients, their friends and family members have no reason to know HIPAA law. But that doesn’t make revealing PHI in these settings HIPAA compliant. The best way to avoid this is by having a planned response for these types of situations that doesn’t involve any personal information.
14. Poor Reporting Timing
No matter how well-trained or experienced a healthcare provider is, they can still have HIPAA violations from time to time. What’s crucial is to make sure the issue is responded to and resolved as quickly as possible.
HHS requires notification with extensive documentation within 10 days of the data breach with a minimum of 15 detailed components that relate to the entity’s internal investigation.
15. Releasing Records After Authorization Date
Patients have the ability to set an expiration for their authorization. Releasing confidential patient records after the date they set is a HIPAA violation. It’s important to pay attention to the details.
16. Missing Patient Signature
Patients can often miss a signature when filling out HIPAA forms. However, if the forms aren’t signed, they’re invalid. And if they’re invalid, releasing information is a HIPAA violation. The solution to this is simple and obvious. Make sure all HIPAA forms are signed.
17. Providing Security With Too Much Information
Security personnel in health clinics need to know the name and room number of patients so they can guide friends and family members to their rooms. That information is compliant. However, they don’t need any information like treatment or diagnosis.
18. Nurses “Need to Know”
Nurses need access to private information for the patients he/she is responsible for in his/her unit. But giving a nurse PHI to patients in another nurse’s unit is a violation of HIPAA. There’s no need for them to have access to information for patients they aren’t responsible for.
19. Regulations for “Minimum Necessary”
Health insurance companies typically need to know how many visits a patient has had to the clinic but nothing beyond that. They aren’t allowed to see the patient’s entire history. This can be easy to overlook as you already have to give the health insurance company some information about the patient and it may seem necessary to give more. But don’t.
20. Sending Private Information Via Email
Another common HIPAA violation is sending PHI in an email. This is for the same reasons as the other communication issues we discussed. For those of us that aren’t internet hackers, it might seem harmless. But hackers are able to easily access your email, making a patient’s information vulnerable.
21. Media Interviews of Patients
From time to time, a member of the media may want to interview a patient for a story. This happens less frequently, but you can’t allow the media to interview substance abuse patients. Doing so is a HIPAA violation. The reason is that it violates their privacy. Even if a patient is okay with it, we’d still recommend staying away from the idea completely.
22. Releasing Information Without Consent
This may seem obvious, nevertheless it happens. Releasing information about minors without parental consent is a HIPAA violation. Not only that, but it can cause issues with the parents or guardians and even result in a law suit.
23. Releasing The Wrong Patient’s Information
This is where you have to be extra careful. Anybody can make a mistake, but that doesn’t make it legal. If you or one of your coworkers releases information to the wrong patient, it’s a HIPAA violation. This tends to happen when you have patients with the same or similar names. Make sure you train your staff to double check what information they’re releasing.
24. Right to Revoke Clause
Any and every form your patients sign need to have a “right to revoke” clause. If they don’t, they’re not valid. And if they’re invalid, any information you release to a third party organization violates HIPAA.
25. Releasing Information to an Undesignated Party
You’re only allowed to give patient information to the exact person authorized on the form. Releasing it to anyone else violates HIPAA regulations.
26. Disposal of Records
When you dispose of a patient’s information, it has to be unrecognizable. Shredding is a great way to dispose of paper records.
How Are HIPAA Violations Detected?
HIPAA violations are commonly detected through audits, complaints, and internal reports. The Office for Civil Rights (OCR) performs random audits and investigates complaints from patients and employees. Additionally, you can invest in an internal monitoring system to identify and report potential breaches, ensuring compliance with HIPAA regulations.
How to Avoid HIPAA Violations?
To conclude, HIPAA violations carry hefty fines and consequences. In order to avoid HIPAA violations, hold regular trainings on your policies and procedures, double check who you divulge information to, and password protect everything. As you can see, there are so many ways to violate HIPAA. Make sure you and your coworkers don’t discuss patient information in a way that others could hear or obtain it.
Lastly, and maybe most importantly, get an EMR software that makes communication easier. If your current EMR does that, make sure your staff is trained on using it in accordance with HIPAA. If it doesn’t, we would strongly consider getting an EMR that does.
How Can Alleva EMR Help
At Alleva EMR, we empower your clients to take charge of their medical records with our advanced EMR and CRM software. Our platform provides behavioral health specialists with a secure platform where they can organize all their medical documentation and optimize task management. Our platform is designed for the needs of providers who treat substance abuse and includes an addiction treatment planner that your clients can access after they leave your care. This allows you to easily share your client’s treatment plan for substance abuse securely without worrying about HIPAA violations.
What’s The Difference Between EMR and EHR
Electronic medical records (EMR) are digital medical charts from a single provider. In contrast, an electronic health record (EHR) contains a client’s entire medical history from multiple providers. Both are valuable tools. However, while digital medical records can provide easier access to essential information, they may expose you to more risk regarding HIPAA violations. When you choose Alleva EMR, we will make it easier to secure these records.
Protect Your Practice From HIPAA Violation Fines Today
Don’t let a HIPAA violation damage your reputation or your practice. Contact us today to learn how our record management solutions can help protect your business.
HIPAA Violations FAQs
Here are some questions people also ask about HIPAA violations examples and HIPAA more generally.
What are the core HIPAA regulations every healthcare organization must follow?
HIPAA compliance is built on several foundational rules that govern how patient data must be handled, protected, and disclosed.
The Privacy Rule establishes patients’ rights over their health data and restricts how covered entities may use or share it. The Security Rule sets technical and administrative requirements for protecting electronic protected health information, while the Breach Notification Rule (also called the Data Breach Notification Rule) — strengthened by the Omnibus Rule — requires organizations to notify affected individuals and regulators when a breach of HIPAA privacy occurs.
What counts as protected health information under HIPAA?
Protected health information (PHI) refers to any individually identifiable health data created, received, or maintained by a covered entity.
This includes electronic protected health information (ePHI) stored or transmitted digitally, as well as paper and verbal records. HIPAA places strong emphasis on patient confidentiality and grants individuals robust Patient Privacy Rights, including the right to access, amend, and request restrictions on how their information is used.
When is a HIPAA authorization form required to share patient information?
A signed authorization form is required whenever a covered entity wants to use or disclose PHI for purposes not already permitted by HIPAA, such as marketing or research.
Beyond controlling disclosures, organizations must also manage the full lifecycle of health data — including the disposal of ePHI — ensuring that digital records are permanently destroyed using approved methods so they cannot be reconstructed or accessed after deletion.
How should a healthcare organization conduct a HIPAA risk assessment?
A HIPAA risk assessment is a formal process of identifying threats and vulnerabilities to PHI across your entire organization.
A thorough risk analysis evaluates all systems and workflows where security risks may exist, documenting compliance gaps through systematic gap identification. The findings must be documented and reviewed regularly, forming the basis for any required remediation or security improvements.
What steps should healthcare organizations take to remediate HIPAA compliance gaps?
Once gaps are identified, organizations must implement corrective actions and remediation plans to bring operations into compliance.
This typically involves targeted compliance training for staff, updates to policies and procedures, and scheduled compliance audits to verify that fixes have been properly implemented and sustained over time.
What access controls are required to protect ePHI under HIPAA?
HIPAA’s Security Rule requires covered entities to implement access control measures that limit ePHI access to only authorized personnel.
Role-Based Access Control (RBAC) is a widely adopted approach that assigns permissions based on job function. These security controls should be reinforced by security policies requiring multi-factor authentication for system logins and device encryption on any hardware used to access or store patient data.
What encryption standards does HIPAA require for protecting electronic health data?
HIPAA does not mandate specific encryption technologies, but it does require covered entities to implement reasonable and appropriate encryption standards to protect ePHI.
Strong device security practices — including encrypting data at rest and in transit — are considered addressable implementation specifications, meaning organizations must either adopt them or document why an equivalent alternative was used. Maintaining detailed audit logs of who accessed or modified ePHI is also a required security measure that supports both compliance and forensic investigation.
What cybersecurity tools should healthcare organizations use to detect HIPAA threats?
Healthcare organizations should deploy layered cybersecurity tools — including antivirus software and intrusion detection systems — to monitor for threats to ePHI.
Log parsing helps security teams identify anomalous behavior, while network penetration testing proactively uncovers vulnerabilities before attackers exploit them. Understanding lateral movement techniques and mapping defenses to frameworks like the MITRE ATT&CK framework can also help security teams anticipate how threats escalate once inside a network.
What security measures must healthcare organizations have in place to be HIPAA compliant?
HIPAA requires covered entities to implement a combination of administrative, physical, and technical security measures to protect patient information.
These measures must be proportionate to the size, complexity, and capabilities of the organization, and should be regularly reviewed and updated as threats evolve.
How can healthcare organizations detect a HIPAA security breach before it escalates?
Early incident detection is critical to minimizing the damage of a HIPAA breach and limiting regulatory exposure.
Organizations should invest in detection coverage that spans common threat vectors, including phishing incidents, network server hacks, and electronic medical record hacks. Proactive monitoring and documented response procedures help reduce the window between the start of security breaches and the moment they are contained.
What are the HIPAA breach notification requirements after a security incident?
When a breach of unsecured PHI occurs, HIPAA breaches must be reported to affected individuals, the Department of Health and Human Services, and in some cases the media, within specific timeframes.
An effective response to breaches involves clear internal escalation procedures, gap identification to understand how the incident occurred, and timely breach notification to all required parties. Failure to meet notification deadlines can significantly increase regulatory penalties.
What is a Business Associate Agreement and when is it required under HIPAA?
A Business Associate Agreement (BAA) is a legally required contract between a covered entity and any business associate that creates, receives, maintains, or transmits PHI on its behalf.
This applies to a wide range of vendors — including an email marketing provider that handles patient communications. BAAs define each party’s responsibilities for safeguarding PHI and ensure that business associates are contractually bound to HIPAA’s requirements.
What confidentiality obligations do business associates have under HIPAA?
Business associates are required to uphold strong confidentiality obligations that mirror those of the covered entities they serve.
Confidentiality agreements establish the legal framework for how PHI must be handled, while confidentiality attestations may be used to document that workforce members and subcontractors understand and accept these obligations. These measures collectively hold business associates accountable throughout the lifecycle of any PHI they touch.
Which regulatory bodies enforce HIPAA and what tools do they have?
HIPAA is primarily enforced by the Office of Civil Rights (OCR) within the Department of Health and Human Services (HHS).
OCR investigates complaints, conducts audits, and has the authority to issue HIPAA fines for failures to implement required HIPAA safeguards. Organizations that fail to comply may face significant financial penalties and required corrective action plans negotiated directly with OCR.
What are the penalties for violating HIPAA?
HIPAA violation penalties can range from modest fines for unknowing violations to severe consequences for willful neglect.
Fines and penalties are tiered based on the nature and extent of the violation, with criminal charges possible in cases of intentional misuse of PHI. Beyond regulatory consequences, organizations also face civil lawsuits from affected patients and lasting reputational damage that can erode patient trust and business relationships.
What should a HIPAA workforce training program include?
An effective HIPAA training program must provide employee training that covers privacy rules, security responsibilities, and the consequences of non-compliance.
Compliance training should be role-specific where possible, and security awareness training should be conducted at onboarding and refreshed regularly. A robust Employee Compliance Training program ensures staff can recognize potential violations before they occur.
What communication tools are HIPAA-compliant for healthcare providers?
Healthcare providers must ensure that any communication platforms used to transmit PHI meet HIPAA’s Security Rule requirements for protecting ePHI.
A secure email solution with an encrypted email server is essential, and any contact form that collects patient information must also be secured and covered under a BAA with the vendor. Products like Hushmail for Healthcare are purpose-built for this environment, offering built-in compliance features that standard consumer email platforms lack.
What devices and products does HIPAA require healthcare organizations to secure?
Any device used to access, store, or transmit ePHI must be secured in accordance with HIPAA’s physical and technical safeguard requirements, with device security being a core obligation.
This includes laptops, smartphones, tablets, and specialty hardware. Historically, encrypted mobile devices like the BlackBerry device were favored in healthcare for their strong built-in security, and that underlying principle — securing endpoints at the hardware level — remains just as relevant today.
How have real-world HIPAA breaches shaped compliance expectations in the healthcare industry?
High-profile enforcement actions against organizations like UCLA Medical Center and Children’s Medical Center of Dallas have demonstrated that covered entities of all sizes face real consequences for HIPAA failures.
Smaller practices, including those modeled on community-focused care like Manasa Health Center, must meet the same standards as large health systems. Consultants and technology providers such as Person Centered Tech and Liath Dalton have built significant expertise helping medical practices navigate these obligations, and tools like Outcomes Navigator help organizations track and manage their compliance posture over time.
What unique HIPAA considerations apply in healthcare industry settings like mental health and medical practices?
Covered entities across the healthcare industry — from large hospital systems to individual medical practices — must apply HIPAA’s rules consistently, but certain clinical contexts introduce additional sensitivity.
For example, disclosures related to domestic violence require careful navigation of both HIPAA permissions and state law to avoid re-traumatizing patients. High-profile cases like that of Britney Spears have also drawn public attention to how mental health records are handled, and platforms like Psychology Today remind practitioners that any digital presence that involves PHI must be managed with compliance in mind.
How should healthcare organizations properly dispose of ePHI?
The disposal of ePHI must follow Secure Disposal Procedures that render the data permanently inaccessible and unrecoverable.
HIPAA requires covered entities to implement formal disposal practices for both physical media (such as hard drives and USB devices) and cloud-stored data. Simply deleting files is not sufficient — organizations must use approved destruction methods such as cryptographic erasure, degaussing, or certified physical destruction to remain compliant.