HIPAA mistakes happen often across the medical world in Texas. Not having strong security steps, forgetting to check for risks, or simple human mistakes are just some of the reasons why health businesses face trouble with these laws. At Dike Law Group in Dallas, Doris Dike works with healthcare companies to handle these exact issues. The following details cover nine of the most seen HIPAA problems from recent years and the harm they do to a business. You will also learn how to lower these risks or stop them from happening at all.
Employees Looking at Private Records
The HIPAA Privacy Rule says people can only look at patient health files for very specific reasons. These include giving treatment, getting paid, or running the medical office. Any other reason for a worker to open a file is wrong and breaks patient privacy. This habit of “snooping” is a top reason for legal trouble today. It happens when workers look at the files of people they know, like friends or famous people. If a business finds out this is happening, the worker usually loses their job right away and could even face criminal charges.
Organizations also pay large fines when this happens. For example, one health system had to pay $865,000 because they did not stop a doctor from looking at celebrity files. To stop this in your Dallas office, you must put in security tools that block general access. You could use better passwords for digital health info or keep a log that shows every time someone opens a file.
Not Checking for Security Risks
Many businesses do not do a full check of their entire company to find security holes. This means they cannot see where their system is weak. Other doctors might do the check but then fail to fix the problems they found. They might wait too long to act, and by then, the damage is already done. A full check can show many flaws, like weak passwords or a lack of good training for the team. In fact, many medical workers do not fully understand how these laws work.
The government can give out big fines if you do not do these checks. To stay safe and keep your good name, you should start a risk check now or hire someone else to do it for you. Once you have the results, fix the biggest problems first. Spending the time and money now helps you avoid much bigger headaches later.
Problems with Business Partner Contracts
Healthcare providers usually work with outside vendors who see patient data. If the paperwork with these partners does not use the right legal language, your business might be at risk for fines. It is also worth noting that an old contract might have been fine years ago but is not okay now. This is true for any agreement signed before the 2013 law changes. Some of the payments for these mistakes have reached over one million dollars.
To keep away from these fines, you should look at any contract you signed before 2013. For new deals, make sure you use the language required by federal guidelines. Doris Dike can help you review these agreements to ensure they meet current standards.
Weak Controls for Digital Health Info
Years ago, most health info was on paper, which was harder to get to but sometimes safer than digital files. Today, it is almost impossible for a Dallas medical office to work without using computers to see patient data. Even so, the law says you must have controls in place so only the right people can get in. Failing to set up these controls is a common reason why state lawyers or federal offices step in.
If you want to avoid fines, make sure your office has a system that watches who is logging in. You can look into things like two-step logins to keep things safe without making it too hard for your staff to do their jobs.
Forgetting to Use Data Coding
Coding data, or encryption, is one of the best ways to stop a major data leak. It is so helpful that if coded info is stolen, you usually do not even have to report it as a breach unless the thief also got the digital key. While the law does not strictly force you to use coding, you must use something just as strong if you choose not to.
Not using these tools can lead to massive penalties. A center in Dallas once paid $3.2 million because they did not fix known risks, like having no coding on mobile devices. To stay safe, make sure you use these tech tools on all your portable gear.
Sharing Health Info When You Should Not
Sharing info the wrong way covers a lot of ground. It means any time health data goes out in a way the law does not allow. This could be telling a patient’s boss something private or losing a laptop that has files on it. It also happens if a worker is careless or sends info after a patient said they no longer want it shared.
These mistakes can cost millions in civil fines. To lower this risk, train your team on how to handle devices. Tell them not to leave laptops in public or leave their screens open. It also helps to use a checklist to make sure it is okay to share info before anyone sends it out.
Blocking a Patient from Their Own Files
Patients have a legal right to see their medical records and get copies quickly. If a company tells them no, charges too much for copies, or takes longer than 30 days, they are breaking the rules. One health group was fined over $4 million for not letting patients see their files. The government is now looking much more closely at these types of complaints.
To avoid this, you need a clear plan for answering patient requests within the 30-day window.
Waiting Too Long to Report a Breach
If a data leak affects more than 500 people, you have to report it without waiting too long. The limit is 60 days after you find out about it. Missing this deadline is a very common mistake and leads to heavy fines. To prevent this, make sure the right offices are told and that you put a notice on your website or tell the local news if needed.
Throwing Away Records the Wrong Way
The law says you must get rid of paper and digital files properly once you no longer need to keep them. For paper, this means shredding it so it cannot be read. For digital files, you might need to wipe the drive or destroy the device entirely. If you just throw these things in the trash, someone could find them, leading to a privacy breach and big fines. You can stay safe by using a professional service to destroy old records and devices.
These nine issues are just a few ways things can go wrong. If you are going through a growth phase or experiencing changes in your practice, having a healthcare attorney can help you stay on the right path. Reach out to Doris Dike at Dike Law Group in Dallas at (972) 290-1031 to talk about your business operations.
