Can a violation of HIPAA policies be grounds for termination of employment?

It isn’t illegal to terminate employees for violating HIPAA—even if the violation is inadvertent or unintentional. Healthcare employers should remind employees about their HIPAA obligations and ensure that workers receive regular training on the proper handling of protected patient health information.

What happens if you violate HIPAA at work?

Criminal Penalties for HIPAA Violations The minimum fine for willful violations of HIPAA Rules is $50,000. The maximum criminal penalty for a HIPAA violation by an individual is $250,000. Knowingly violating HIPAA Rules with malicious intent or for personal gain can result in a prison term of up to 10 years in jail.

What is a violation of HIPAA from an employer?

A HIPAA violation in the workplace refers to a situation where an employee’s health information has fallen into the wrong hands, whether willfully or inadvertently, without his consent. Think of the health-related treatments they’re receiving, current health plans, or health insurance coverage.

Is an employer bound by HIPAA?

In general, the HIPAA Rules do not apply to employers or employment records. HIPAA only applies to HIPAA covered entities – health care providers, health plans, and health care clearinghouses – and, to some extent, to their business associates.

Do HIPAA laws protect employees?

HIPAA regulations are used in the workplace to protect the health and medical records of employees participating in an employer -sponsored healthcare plan. The laws regulate how individuals’ protected healthcare information maintained by a healthcare plan can be shared with employers.

Can I sue my employer for disclosing medical information to other employees?

Yes. California law obligates an employer who receives medical information “to ensure the confidentiality and protection from unauthorized use and disclosure of that information.” An employee who experiences economic loss or personal injury because an employer fails to maintain the confidentiality of her medical …