His dismissal was due to performance-related reasons. Clooney suffered a broken rib and skin abrasions while Larson broke her foot. Read More, An article published in the LA Times started a sequence of events that has now resulted in Shasta Regional Medical Center (SRMC) agreeing to a settlement of $275,000 for its violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. Operating as Agape Health Services, the company experienced a breach of the ePHI of 1,263 patients. In 2012 it suffered a security breach that exposed the data of 2,700 individuals as a result of a malware infection. As mentioned previously, there are many, many more real life HIPAA violation cases that do not get published in the public domain because either they affect fewer than 500 individuals or they are resolved internally by the Covered Entity they are reported to. Im not going to get into too much depth on the gruesome testimonials involving Mr. Epstein as they fall beyond the scope of this blog piece. It took 5 months from the initial request for the complete set of medical records to be provided. Reality television actress Kim Kardashian gave birth at Cedars-Sinai Medical Center, Los Angeles. On June 25, 2009, Michael Jackson passed away due to acute propofol and benzodiazepine intoxication at his home in Los Angeles. However, organizations subject to HIPAA - and their workforces - must take care how social media is used to avoid violations of HIPAA and the . Unencrypted organizational laptops was stolen. State Attorney Generals can also impose financial penalties on HIPAA-covered entities and business associates for violations of the HIPAA Rules. Dr. Zhouwas the first person in the United States to go to jail and pay a fine for a HIPAA violation-misdemeanor. OCR settled the case for $55,000. CHCS will also pay a financial penalty of $650,000. One of which was Cowboys running back Ezekiel Zeke Elliott. Additionally, there may be times when a healthcare provider breaches patient confidentiality but does not violate HIPAA because the information being disclosed is not protected by the Privacy Rule. The financial penalties imposed by OCR in 2020 for HIPAA Right of Access violations ranged from $15,000 to $160,000 and stemmed from refusals to provide copies of records or long delays. Some HIPAA Violation Cases Can Send a Person to Prison It all began when a cardiothoracic surgeon from China named Huping Zhou was fired from his job. OCR determined there had been a risk analysis failure, access control failure, information system activity monitoring failure, and an impermissible disclosure of 6,617 patients ePHI. 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. Read More, Southwest Surgical Associates in Texas took 13 months to provide a patient with all of the requested records between February 11, 2020, and March 5, 2021. Unfortunately, leaked medical information causes harm to patients, families, and medical institutions. On June 15, 2020, well-known NFL Network reporter Ian Rapoport tweeted that several Dallas Cowboys and Houston Texans players confirmed positive tests. The worst HIPAA violation cases are the ones which continue for long periods of time without being identified and corrected. The disclosed information included details of patients visits, treatment, and insurance. While he was at the hospital, an undisclosed amount of employees attempted to take pictures of and access Mr. Odoms medical files. Read more, Wake Health Medical Group, a Raleigh, NC-based provider of primary care and other health care services, failed to provide a patient with timely access to the requested medical records. This was devastating for Pierre-Paul who at the time was negotiating a new $60 million contract with the Giants. Some even believed it would mean the end of real-life healthcare shows. The case was settled for $1,500,000. The first lawsuit was to ESPN. Physical files containing PHI should be locked in a desk, filing cabinet, or office. He was only in jail for a little longer than a month before his alleged suicide on August 10. Just 3 months after her death, his father passed away tragically. However, Hennepin Healthcare did confirm that the culprits of the incident were no longer with the healthcare center. Advertisement. In 2016, 12 entities agreed to settle their compliance investigations and pay a financial penalty, with one case seeing civil monetary penalties imposed. At the time or writing, Zeke has yet to take any sort of legal action against Ian Rapoport and its unclear if he ever will. Read More, Steven A. Porter, M.D.s gastroenterological practice in Ogden, UT reported a breach to OCR involving a medical record company that was blocking access to patients ePHI until a bill was paid. Read More, Coastal Ear, Nose, and Throat in Florida received a request from a patient for a copy of medical records on December 15, 2020, and again on January 8, 2021, but the records were not provided until May 20, 2021. One month later, the hospital suspended 27 employees for accessing their personal medical information. The investigation revealed a failure to conduct an accurate risk analysis, noncompliance with the security incident response and reporting requirements of the HIPAA Security Rule, the failure to conduct an evaluation following changes that affected the security of ePHI, a lack of audit controls, breach notification delays, and the impermissible disclosure of the PHI of 279,865 individuals. Read More, The University of Washington Medicine has agreed to settle with the Department of Health and Human Services Office for Civil Rights and will pay a HIPAA fine of $750,000 for potential HIPAA violations stemming from a 90,000-record data breach suffered in 2013. Five staff members accessed a single patient record while one other looked at 14 records. Most HIPAA violation cases are medical HIPAA violation cases because there are many more medical facilities that qualify as Covered Entities as there are health plans or health care clearing houses that qualify as Covered Entities. Delivered via email so please ensure you enter your email address correctly. On January 8, 2011, the U.S. news reported that shots rang out and struck nineteen people during a constituent meeting held in a supermarket parking lot in Casas Adobes, Arizona. As-luck-would-have-it, storing electronic data in other countries is also on the rise. Kardashian and partner Kanye West refused to comment following publication of the news in the Los Angeles Times. By April of 2016, the HHS fined NYP $2.2 million for filming two patients without their consent. It can be difficult to know how much training to provide in order to avoid being in violation of HIPAA because, other than stipulating training should be provided as necessary and appropriate for members of the workforce to carry out their functions (HIPAA Privacy Rule) and that CEs and BAs should implement a security awareness and training program for all members of the workforce (HIPAA Security Rule), there are no specificHIPAA training requirements. "We have seen between a dozen and two dozen HIPAA criminal prosecutions over the years, so . OCR determined there had been risk analysis failures, insufficient reviews of system activity, a failure to respond adequately to a detected breach, and insufficient technical controls to prevent unauthorized ePHI access. OCR determined its compliance program had been in disarray for several years. The records were provided within days of OCR intervening. But it's vital. The device was not protected by a password and data on the device was not encrypted. A settlement of $150,000 has been reached with OCR. Asking someone about their COVID-19 vaccination status does not violate HIPAA. Smollett was charged last month with disorderly conduct in filing a false police report, a felony that carries a sentence ranging from probation to up to three years in prison. During her stay, 15 staff members snooped into her records. The University of California, Los Angeles, Medical Center where singer Britney Spears was hospitalized earlier this year is firing at least 13 employees and suspending six others for peeking into the star's confidential medical records, The Los Angeles Times reports. The same woman who accessed Farrah Fawcetts records peeked into another cancer patients file: former NBC newswoman Maria Shriver. Later, they reported that EMTs had given the treatment following a Percocet overdose. Whether those affected are celebrities or not, medical records taken out of context can ruin reputations, careers and devastate families. The police came to Epstein on July 6, 2019, and arrested him on sex trafficking charges. UCLA Medical Center, in particular, has faced scrutiny after more than 30 celebrities had their private medical records breached, according to a 2009 CBS report. The records were provided on September 14, 2020. Pharmacies. Fresenius Medical Care North America settled the case for $3,500,000. HIPAA Journal's goal is to assist HIPAA-covered entities achieve and maintain compliance with state and federal regulations governing the use, storage and disclosure of PHI and PII. It instructed employees not look at medical records unless the patient was in their direct care. The Paubox team exported all reported incidents from HHS's official Breach Portal from January 1, 2019 - December 31, 2019 and used the data to compile the following summary. The three hospitals involved received different fines, Massachusetts General Hospital - $515,000. In April 2019, OCR reexamined the HITECH Act and determined the language had been misinterpreted and issued a Notice of Enforcement Discretion stating the maximum annual penalties in each penalty tier would be changed to reflect the seriousness of the violations. Failure to comply with individuals rights. As of writing, Floyds estate has yet to determine whether to take legal action. Had software patches been installed on the computers the malware would not have been unable to infect the PCs. They have permanently been denied future access to any medical records at Cedars-Sanai Medical Center. If the offense were committed under false pretenses, a. Schefter received the leaked image of Pierre-Paul's records from two hospital employees. Disgruntled, over the next three weeks Zhou abused his access to the hospitals electronic health record system. Most of the violations for 2021 were regarding the breach of a patient's right to access their medical records. On a larger scale, repeatedlawsuits and sky-high fines can cripple hospitals and force them to shut their doors. While critics of the punishment claim the hospital went too far in retaliation, the medical facility disagreed: Any allegation of a breach of patient confidentiality is taken very seriously. OCR received a complaint from a patient alleging BILHBS had not provided a copy of her fathers medical records. Back in 2007, Epstein faced a 13-month jail sentence for sexual abuse involving underaged girls. Read More, Anchorage Community Mental Health Services (ACMHS) runs five mental health facilities in Alaska and is a non-profit organization. Read More, A patient of Elite Dental Associates submitted a complaint to OCR stating her PHI had been disclosed by Elite Dental Associates in response to a review on Yelp. The breach exposed unsavory behavior on the part of the staff. The case was settled for $25,000. Perhaps he was caught before he was able to. Concentra has agreed to pay OCR $1,725,220 to resolve the case. OCR stepped up enforcement of compliance with the HIPAA Rules in 2016, more than doubling the number of financial penalties. He served four months in prison and paid $2,500 in fines. UCLA was fined $95,000 by the California Department of Public Health for this incident. OCR investigated and uncovered multiple potential violations of the HIPAA Rules: A risk analysis failure, risk management failure, lack of information system activity reviews, and insufficient technical policies to prevent unauthorized ePHI access. In the majority of cases, the agency resolves the complaints without the need for an investigation or finds no HIPAA violation exists. Clooneys medical records became the topic of gossip when a whopping27 employees read through his personal medical records. Sharing photos of patients, medical documents, or other personal information without written . OCR determined the lack of encryption was in violation of the HIPAA Security Rule, there were insufficient device and media controls, and a business associate agreement had not been entered into with its parent company. A number of patients were filmed, but consent had not been obtained. Kim Swartz, one of the actresss attorneys, said: This has been very hard for her. The patient filed a complaint with OCR and the records were eventually provided more than 10 months later. OCR attempted to resolve the matter via informal means between November 6, 2015, to August 30, 2016, before issuing a Notice of Proposed Determination on September 30, 2016. The NBA canceled their season on March 11, 2020, after Utah Jazz center, Rudy Gobert, tested positive for COVID-19. $("#wpforms-form-28602 .wpforms-submit-container").appendTo(".submit-placement"); A week later the family checked out of the hospital. The teams followed proper health protocols. Following complaints by two unnamed celebrities that their medical records had been compromised, in 2009 the Office of Civil Rights (OCR) launched a larger investigation into the entire UCLA Health System. If the individual had reasonable cause for their actions and did not act with willful neglect, they're fined a minimum of $1,000. St. Joseph Health has agreed to pay OCR $2,140,500. One of the most famous cases of people who violated HIPAA has to do with the late King of Pop himself, who dealt with paparazzi, trashy tabloids, and the media circus all his life. Four months later and the HHS notified New York and Presbyterian Hospital (NYP) of the start of their investigation. Smollett went to Northwestern Memorial Hospital in Chicago for treatment of bruises and facial lacerations. And some legal experts predict more criminal prosecutions for HIPAA violations are likely. Boston Medical Center agreed to settle the alleged HIPAA violations with OCR for $100,000. We're sharing with you five HIPAA violation stories. On the black market, it has become more desirable than credit card data. He was treated at Jackson Memorial Hospital in Miami, FL where physicians were forced to amputate the middle finger of his right hand. Regulatory Changes During her stay, three employees accessed her electronic files to determine her condition. A violation due to willful neglect which is corrected within thirty days will attract a fine of between $10,000 and $50,000. A violation that occurred despite reasonable vigilance can attract a fine of $1,000 $50,000. This wasnt the first time Britney Spears was a victim of a HIPAA violation. Cases of HIPAA violations can also be reported internally by members of a Covered Entitys workforce, and HIPAA requires Business Associates to report all security incidents to the Covered Entity including those that do not constitute a HIPAA violation so again, the Covered Entity gets to hear about violations first before deciding whether the events are notifiable. Read more, Dr. Robert Glaser, a New Hyde Park, NY-based cardiovascular disease and internal medicine doctor, failed to provide a patient with timely access to the requested medical records after repeated requests. Complaints can also be made to individual Covered Entities and State Attorneys General, but there is no public record of these. My agent only confirmed. OCR intervened and provided technical assistance on the HIPAA Right of Access but received a second complaint when the records had still not been provided. By Jill McKeon. November 30, 2021 - New York-based Huntington Hospital began notifying 13,000 patients of a data breach that exposed protected health information (PHI) and resulted in a former employee being. Two hospital workers and two contract employees lost their jobs. He spent this time getting his hands on all the high-profile celebrity healthcare information he could but he was caught. The verdict was, four misdemeanor counts of accessing and reading medical records of his supervisors and high-profile celebrities.. Read More, The Department of Health and Human Services Office for Civil Rights announced a new HIPAA settlement to resolve violations of the HIPAA Privacy Rule. They later admitted that they knew they were breaking the law. The Detriot Pistons team said that they were mystified when the report came out because Wood never authorized anyone to release his diagnosis. The Office for Civil Rights that enforces HIPAA laws states, Healthcare providers cannot invite or allow media personnel  into treatment or other areas of their facilities where patients PHI will be accessible in written, electronic, oral, or other visual or audio form, or otherwise make PHI accessible to the media, without prior written authorization from each individual who is or will be in the area or whose PHI otherwise will be accessible to the media.. OCR settled the case for $20,000. After Jackson died, unauthorized staff accessed his death certificate more than 300 times. Perhaps HIPAA violations contributed to Nadye Sulemans celebrity status. In many cases, records were only provided after OCR intervened. Kim-ye refused to respond to the blatant breach in privacy. OCR provided technical assistance but received another complaint from the same patient that the records had still not been provided. The HIPAA Right of Access violation was settled with OR for $75,000. As of right now, Wood hasnt taken any legal action for the leak about his positive coronavirus test. Case After ten years of back pain and difficulty finding properly fitting clothing, Alexis decides to begin researching breast reduction. After amotorcycle accident, Clooney went to Palisades Medical Center in New Jersey. OCR also discovered a business associate failure. Wood later exclaimed that he didnt even get the chance to tell his mother about the diagnosis prior to its release. the practice settled the case with OCR for $80,000. A settlement of $85,000 was agreed upon to resolve the violation. After being investigated by the Office for Civil Rights, it was found that the company had multiple HIPAA violations that amounted to a 16 million dollar fine from HIPAA and resulted in a 115-million-dollar class action lawsuit. This case was investigated by the U.S. Department of Health and Human Services - Office of Inspector General (HHS-OIG) and the U.S. In 2011, UCLA had to pay an $865,000 fine for allowing unauthorized access to the medical records of three celebrity patients by non-authorized personnel. Clooney had a broken rib and his companion, Sarah Larson, had a broken foot. Wood happened to be the player who guarded Gobert the game before the shutdown. For example, under 164.512 of the Privacy Rule, there are a number of scenarios in which healthcare providers can disclose individually identifiable health information to public health agencies, law enforcement officers, and employers. Back in October of 2015 paramedics rushed the Los Angeles Lakers basketball star Lamar Odom to Sunrise Hospital in Las Vegas after finding him unconscious. In the years since, HIPAA has become one of the most widely cited . OCR has increased its enforcement activities in recent years. Celebrity HIPAA Breaches Affirm the Importance of Healthcare Compliance Training. Were sending reminders every day! This is a question we get often, and the answers are as varied as the patients themselves. OCR found that the owner of the practice had responded to several reviews and disclosed ePHI, even disclosing the names of patients in the responses who had chosen to post reviews anonymously. 18525 Sutter Blvd., Ste. Kaiser terminated one employee, 14 resigned, and another eight received disciplinary action. A mother requested a copy of her sons medical records, but the records had not been provided three months after submitting the request. Tweet revealing Giants' Jason Pierre-Paul's hand injury may have violated HIPAA . The case was settled and a financial penalty of $28,000 was paid. OCR investigated the breach and discovered multiple violations of the HIPAA Privacy and Security Rules. ACMHS has agreed to settle the case with OCR for $150,000. The trial court noted that HIPAA does not create a private right of action, but instead requires that violations be pursued via administrative channels (ie: by filing a complaint with HHS). While radio stations played his hit Shape of You during October of 2017 Ed Sheeran got into what he described as a bit of a bicycle accident.. Jussie Smollett Case: 50 Hospital Workers Fired For Alleged HIPAA Violations By: Portia Wofford LPN By Portia Wofford At least 50 employees, including nurses, at Northwestern Memorial Hospital in Chicago, have been fired after allegedly improperly reviewing an actor's medical records, according to NBC Chicago . Affected celebrities included Britney Spears, Maria Shriver, and Farrah Fawcett. Famous cases of violations that you may have heard of: The University of California Los Angeles Health System was fined $865,000 when the OCR discovered that a physician had accessed the medical records of celebrities and other patients without authorization. Outpatient Facilities. Within days the story she withheld was in the National Enquirer. I get why this feels like a privacy violation but just like injury reports on @NFL players, it is legal as long as the medical care chain not doing the leaking. When state laws are violated, the individuals whose ePHI has been compromised may be able to take legal action against the breached entity if it can be proven that an individual has suffered harm due to the negligence of a Covered Entity or Business Associate. OCR received a complaint from a patient who alleged AIMS refused to give her a copy of her medical records. There are no specific HIPAA social media rules because HIPAA was enacted several years before social media networks such as Facebook and Instagram existed. He was the third American medical missionary to return to the U.S. needing treatment for the Ebola virus. After five years of investigation, the total amount of payment that Anthem has given for penalties, damages, and . Cedars-Sinai Medical Center was where North West was born. OCR intervened and closed the case but received a second complaint 6 months after the first stating the records had still not been provided. Read More, The Department of Health and Human Services Office for Civil Rights has announced it has reached a settlement with North Memorial Health Care of Minnesota over alleged HIPAA violations from a 2011 data breach. The previous record was the $3.5 million settlement with Triple S Management Corporation agreed in November 2015. Zhou received a four-month sentence and $2,000 fine on April 27, 2003. New York and Presbyterian Hospital (NYP) and Columbia University (CU) will jointly pay a penalty of $4,800,000. University of Texas MD Anderson Cancer Center was ordered to pay a civil monetary penalty of $4,348,000. The Ultimate List of Celebrity HIPAA Violations, 30+ Saddening Seasonal Affective Disorder Statistics, Medical Coding Skills For Your Resume (With Examples), Etactics, Inc., 300 Executive Parkway West, Hudson, OH, 44236, United States, at least 50 employees at the Chicago hospital, three separate hospitals in the Boston area faced fines, NYP $2.2 million for filming two patients without their consent, the hospital fired the two employees who released Pierre-Pauls PHI, two hospital employees inappropriately accessed, three employees accessed confidential medical records without authorization, three celebrity patients by non-authorized personnel, three employees accessed her electronic files, fired at least 13 employees and suspended six others. Read More, Puerto Rico Blue Cross Blue Shield licensee Triple S Management Corporation has agreed to pay a HIPAA violation fine of $3.5 million to the Department of Health and Human Services Office for Civil Rights. CardioNet is a Pennsylvania-based provider of remote mobile monitoring and rapid response services to patients at risk for cardiac arrhythmias. Celebrities still have the same medical rights under HIPAA as the general public.