Fine

OSHA Healthcare Fine
Abyde News, Fines, OSHA

OSHA’s Rapid Response: Why Every Practice Needs a Safety Culture

June 19, 2025 No comments yet

June 19, 2025 The success of your practice hinges on the safety of your staff. When staff feel unsafe, OSHA quickly demonstrates its commitment to staff protection.  A recent healthcare OSHA fine highlights how efficiently OSHA complaints are handled.  Opulent Pediatrics faced expedited penalties following a staff complaint, just months after the initial complaint.  From the case opening in March to its resolution in June, OSHA underscored the severity and importance it places on staff complaints. Complaints are also the most common way HIPAA investigations are initiated.  This rapid response showcases the need for practices to provide a safe work environment and foster a culture of compliance, empowering staff members to communicate needs and concerns.    What Happened? In March 2025, a staff member of Opulent Pediatrics sent a formal complaint to OSHA due to unsafe working conditions. The Roanoke regional office investigated the pediatric practice unannounced, not providing time for the practice to address any concerns.  Following their investigation, it was discovered that the practice violated several safety requirements, such as bloodborne pathogen safety, improper medical services, or missing first aid unavailable to staff, improper handling of wiring and equipment, and insufficient hazard communication documentation. After the investigation, by April, OSHA noted seven citations and issued an initial penalty of over $14,000. It’s inferred that the practice was willing and cooperative, with the final fine totalling over $2,000 by the abatement date in May.    Protecting Staff in Healthcare While Opulent Pediatrics dodged a more significant fine, this enforcement action demonstrates OSHA’s swift investigative response to complaints. From the initial investigation to its conclusion, the case only took three months. OSHA can and will investigate without notice, so ensure your OSHA program documentation is readily available.  With the right tools, ensuring staff safety can be simplified. In this case, training and proper documentation could have avoided these fines. Consider how an intelligent OSHA software solution centralizes training, such as for bloodborne pathogens, hazard communication, and all other OSHA documentation, making it easily accessible to every staff member within a compliance hub. Moreover, by prioritizing safety in your practice, staff can feel empowered to communicate concerns.  To learn more about streamlining OSHA compliance in your healthcare practice, schedule a consultation with an expert today. 

Business Associate Ransomware Fine
Abyde News, Fines, HIPAA

Ransomware Reality Check: Business Associate Pays Big HIPAA Fine

June 2, 2025 No comments yet

6/2/2025   Did you know Business Associates (BAs) are at risk for ransomware attacks just as much as Covered Entities?  Ransomware attacks disproportionately affect healthcare organizations, with malicious actors looking to exploit Protected Health Information (PHI). When PHI includes sensitive information such as Social Security Numbers, addresses, phone numbers, and more, it provides someone with a lot of information to use for the wrong reasons.  A medical billing BA in Massachusetts, Comstar, LLC, recently experienced the fallout of a ransomware attack. Trusted with the PHI of over 70 practices, the organization did not have the proper safeguards to mitigate risk after a cybercrime. Part of this was a missing Security Risk Analysis (SRA), or a thorough assessment of an organization’s potential vulnerabilities.   This latest enforcement represents the responsibility of BAs to uphold their commitments and for all HIPAA-regulated entities to complete and maintain an SRA.    What Happened? In May 2022, a malicious actor intruded Comstar’s network servers. Comstar was unaware of this intrusion for several days. In the meantime, the hacker encrypted nearly 600,000 patient records with ransomware. Even though these patients weren’t directly Comstar’s, they assumed the responsibility of protecting their data.  While it is not public what steps Comstar took to mitigate risks after the initial ransomware breach, it was discovered that the organization did not complete an SRA. This assessment is at the foundation of a compliant practice and is a requirement of HIPAA.  After this discovery, the organization was fined $75,000 and put under a Corrective Action Plan (CAP), or government monitoring, for two years.  This assessment is at the foundation of a compliant practice and is a requirement of HIPAA.  Recently, the Office for Civil Rights (OCR) has sharpened its focus on this commonly missed requirement with the latest Risk Analysis Initiative. This fine is the 9th enforcement of this initiative.    Streamlining the SRA with Software When less than 20% of BAs could showcase a compliant SRA when being audited, completing the SRA is unfortunately a common oversight by regulated entities. Additionally, this is a responsibility of both Covered Entities and BAs, and both parties must carefully handle PHI.  With smart software, BAs can easily streamline the SRA and complete the assessment that pinpoints common vulnerabilities organizations face. By simplifying the SRA, intelligent solutions can empower an organization to cultivate a culture of compliance for its staff, securely meet requirements, and handle PHI.  To learn more about how your organization can easily complete the SRA, meet with a compliance expert today. 

BayCare HIPAA Fine
Abyde News, Fines, HIPAA

BayCare’s $800k HIPAA Violation: The Consequences of Unmonitored Staff Access

May 29, 2025 No comments yet

May 29, 2025   A successful practice is built upon a strong foundation of well-trained and aware staff.  Protecting patient data is a critical responsibility for healthcare staff. Data breaches involving Protected Health Information (PHI) can occur in many ways, but the foundation of security lies in a workforce committed to safeguarding it. A Florida healthcare provider, BayCare Health System, experienced the consequences of improper disclosure of PHI due to a complaint and a noncompliant staff member in the latest HIPAA fine.  Acting Director of the Office for Civil Rights (OCR) Anthony Archeval commented on the importance of managing staff access, saying, “allowing unrestricted access to patient health information can create an attractive target for a malicious insider.”   What Happened? In 2018, an unnamed complainant visited St. Joseph’s Hospital, a facility under the BayCare Health System, for an appointment. After treatment, she received communication from an unknown contact who sent the complainant photos of her medical records and a video of a BayCare associate scrolling through her file as well.  This communication led to a complaint filed with the OCR. Several years of legal interactions and investigations by the OCR resulted in an $800,000 settlement six years later.  After the investigation, it was found that BayCare failed to have procedures and policies for handling ePHI, failed to reduce risks, and did not review staff access.  This nearly million-dollar fine resulted from a malicious insider, insufficient documentation, and an oversight of staff privileges.  Reviewing staff access is vital for protecting patient data. By monitoring staff activity, you can ensure that PHI does not end up in the wrong hands. Additionally, when providing staff with access to PHI, confirm that access is necessary to complete essential job tasks. This falls under the Minimum Necessary Standard within the HIPAA Privacy Rule, which enforces that disclosed PHI is only shared for an authorized and required purpose.  Staff must be thoroughly trained in their responsibilities before accessing PHI, and policies and procedures regarding handling PHI must be readily available for staff to review.  While this situation did not lead to jail time, it is not unheard of in the medical field, so staff must also be aware of the consequences.    Training and Monitoring Staff with Abyde Smart compliance solutions streamline training, policies and procedures, and monitoring access, creating a culture of compliance that protects your organization from malicious insiders. With an intelligent platform managing compliance, you can dynamically generate unique policies and procedures in seconds, automating this task without human error.  Additionally, a centralized compliance hub allows staff to review documentation before working with patients and refer to it if there is any confusion. Access logs can also be found in this hub, which keeps staff accountable when they review patient PHI.  With intelligent solutions, proactive compliance is made easy, encouraging staff to take their HIPAA responsibilities seriously. Speak with a compliance expert today to learn more about how compliance can be simplified for your practice. 

PIH HIPAA Phishing Fine
Abyde News, Fines, HIPAA

Phishing Risks and Notification Delays: A Lesson in Managing a HIPAA Breach

April 24, 2025 No comments yet

4.24.25 As we head into the middle of the year, it’s safe to say that the Office for Civil Rights (OCR) is ramping up enforcement. Since the beginning of this year, over $6M in fines have been levied, with new penalties being announced weekly.  The latest fine showcases that the OCR can and will investigate breaches no matter your organization’s size. The latest HIPAA fine was imposed on PIH Health, Inc. (PIH), a California health network comprised of over a hundred health practices throughout the state.  PIH’s HIPAA violations have cost the organization $600,000. Due to these violations, the organization will be monitored for two years under a Corrective Action Plan (CAP). These violations exposed numerous shortcomings of the organization due to a phishing attack, emphasizing the importance of thorough safeguards for practices of all sizes.  What Happened?  In June 2019, a phishing attack compromised 45 PIH employee accounts. This breach devastated an organization with millions of patients, putting nearly 200,000 patients at risk.  While the phishing attempt occurred in the summer of 2019, the breach was not reported to affected patients or the OCR until January 2020.  When a breach impacts over 500 patients, time is of the essence. Parties must be notified within 60 days of the breach, including widespread press releases for the media.  More issues were brought to light once the OCR was aware of this breach. The organization lacked a sufficient Security Risk Analysis (SRA). The SRA is an exhaustive assessment of a practice, reviewing all safeguards and highlighting any vulnerabilities before a breach occurs.  This is at the base of a compliant practice, and the OCR has introduced the Risk Analysis Initiative to ensure that practices have this documentation in place.  Overall, this successful phishing attempt revealed inadequacies and several HIPAA violations. In addition, the organization’s failure to notify the OCR and patients promptly also contributed to the severity of the fine. Protecting Patient Data The healthcare industry’s sensitive data makes it the prime target for phishing attacks. Healthcare organizations must provide comprehensive staff training to avoid suspicious emails and, in general, risk mitigation techniques.  Healthcare practices must always address the breaches quickly. Timely notification of the OCR and affected patients ensures that all parties are aware of the breach’s impact and understand how to monitor their data. No matter the organization’s size, using smart software can help simplify compliance, avoid significant fines, and reduce patient data risk. For example, the SRA can be streamlined with compliance software, ensuring your practice knows the appropriate safeguards before an incident occurs. Intelligent solutions also provide your practice with a centralized compliance hub, letting staff know precisely what they need to secure patient Protected Health Information (PHI).  To learn more about how your practice can streamline common HIPAA violations, schedule a meeting with a compliance expert today.

Risk Analysis Initiative HIPAA Fine
Abyde News, Fines, HIPAA

Don’t Be Next: HIPAA Fine Shows Risk of Ignoring Security Risk Analysis

April 17, 2025 No comments yet

April 17, 2025 Let’s make this clear: The Security Risk Analysis (SRA) is at the foundation of a compliant practice. The SRA is the proactive assessment of your practices’ physical, technical, and administrative safeguards. Physical safeguards include alarms, codes, and other procedures or devices your practice might deploy. Technical safeguards involve cybersecurity protocols, like firewalls, antivirus software, encryption, and other security measures. Lastly, the administrative safeguards are your practice’s actions, such as using visitor IDs, maintaining a sign-in sheet, or even posting about patients on social media. The latest HIPAA fine is another reminder of the importance of the SRA in protecting patient data. This is the sixth Risk Analysis Initiative enforcement since the end of last year. The Office for Civil Rights (OCR) is serious about ensuring that practices know this requirement. This focus has remained consistent even during administration transitions. Said best by OCR Acting Director Anthony Archeval, “A failure to conduct a risk analysis often foreshadows a future HIPAA breach.”   What Happened?  Northeast Radiology, P.C. (NERAD), a healthcare provider specializing in medical imaging clinical services in New York and Connecticut, experienced a significant breach that exposed nearly 300,000 patients’ Protected Health Information (PHI). The breach, which occurred from April 2019 to January 2020, was caused by unauthorized individuals accessing radiology images of patients due to a compromised server. When the OCR began investigating the practice in March 2020, it was discovered that NERAD did not have an SRA. Due to the absence of this document and the sheer size of the breach, the organization was fined $350,000 and will undergo a two-year Corrective Action Plan (CAP).   Completing an SRA NERAD’s HIPAA settlement with the OCR is a clear reminder that your practice needs to complete an SRA long before a breach occurs. While an SRA might seem daunting, addressing problems before patients’ information is at risk is much easier. Completing this risk assessment can help your practice identify vulnerabilities before they escalate into compliance issues. While the SRA mandates practices to analyze and review existing procedures thoroughly, this process doesn’t need to be overwhelming or costly. With smart solutions, your practice can answer simple questions about your practice while the software intuitively builds out an SRA report, analyzes the current situation, and provides recommendations to mitigate potential risks. To learn more about how your practice can streamline the SRA, schedule a consultation with an expert today.

Business Associate Risk Analysis Initiative Fine
Abyde News, Business Associates, Fines, HIPAA

Business Associate Accountability: Health Fitness Corporation’s $227k HIPAA Fine

March 27, 2025 No comments yet

March 27, 2025   With over $3.5 million of fines levied against Business Associates (BAs) so far in 2025, it’s fair to say that the Office for Civil Rights (OCR) is serious about holding them accountable. These fines in 2025 serve as a reminder that BAs play a crucial role in safeguarding Protected Health Information (PHI).  The latest BA HIPAA fine was enforced on the Health Fitness Corporation, which offers wellness plans nationwide.  After a flurry of breach reports, Health Fitness Corporation found itself in the crosshairs of a HIPAA investigation. This investigation exposed some critical missteps, leading to a $227,816 settlement and a two-year Corrective Action Plan (CAP).  At the center of this fine is a missing Security Risk Analysis (SRA). The SRA is a thorough assessment that identifies the organization’s vulnerabilities.  This fine was also the fifth enforcement of the Risk Analysis Initiative, a recent program by the OCR to ensure regulated entities complied with this HIPAA requirement.  This fine not only spotlights the importance of Business Associates following HIPAA, but also for all regulated entities to be aware of the Security Risk Analysis requirement.    What Happened?  In August 2015, PHI was exposed online due to a server misconfiguration. This breach was not discovered in June 2018, with an estimated 4,000 patients impacted by this security issue.  Four breach reports describing this incident were filed from the end of 2018 into early 2019.  This led to the OCR investigating Health Fitness Corporation. It was then uncovered that the organization did not complete a thorough SRA until 2024.  The SRA is an annual requirement for every HIPAA-regulated entity. This assessment should also be completed after any breach to review and address vulnerabilities.  As a result, the wellness program organization was fined $227,816 with government monitoring for the next two years.    How to Protect Your Organization  When working with PHI, all involved parties must know their responsibilities.  For Covered Entities and Business Associates, having a Business Associate Agreement (BAA) with any third parties with access to PHI is vital. BAAs define each party’s responsibilities, creating legal liability. This required document demonstrates that each party is willing and able to take responsibility for protecting sensitive patient data. In addition to being aware of HIPAA responsibilities, ensure your organization completes an SRA annually, and anytime a breach occurs. Risks can be mitigated by being on top and informed about your organization’s vulnerabilities.  Utilizing a smart software solution can streamline these requirements. Smart solutions can streamline the SRA and any BAAs, protecting your organization. To learn more about how you can automate and streamline compliance in your practice, schedule a consultation with an expert today.

Warby Parker HIPAA Fine
Abyde News, Fines, HIPAA

Warby Parker’s $1.5 Million HIPAA Fine: A Security Risk Analysis Eye-Opener

March 6, 2025 No comments yet

March 6, 2025 Warby Parker, the popular prescription eyewear retailer with a strong online presence and expanding physical stores, was recently fined $1.5 million for a HIPAA violation. This enforcement highlights that no matter how big your organization is, the government can and will investigate breaches of PHI. In 2025, the Office for Civil Rights (OCR) has issued over $5 million in fines so far, almost all of which involved a missing Security Risk Analysis (SRA). The SRA thoroughly assesses your practice’s physical, technical, and administrative safeguards for securing patient Protected Health Information (PHI). The Warby Parker fine is a stark reminder that the SRA, a detailed examination of your PHI safeguards, is not just a recommendation; it’s a necessity. What Happened? In late 2018, Warby Parker experienced numerous unusual login attempts on its site. It was discovered that customer logins were breached through credential stuffing or when information was pulled from unrelated breaches. For example, a customer’s login was likely reused on another hacked site. The OCR began its investigation in December 2018, but the flurry of attacks continued. Warby Parker, which also provides eye exams, issued several addendums to its initial breach report, revealing that additional customer and patient accounts were compromised. Additional attacks occurred in 2020 and 2022. Overall, these cybercrimes impacted almost 200,000 patients. As the OCR investigated Warby Parker, it discovered that Warby Parker did not conduct an adequate security risk analysis, implement sufficient technical safeguards to prevent further attacks, or regularly review system access. These failures to protect PHI led to a $1.5 million Civil Monetary Penalty (CMP), demonstrating that even massive organizations need to comply with HIPAA requirements. How to Protect Your Organization The first step to HIPAA compliance for your practice is proactively maintaining an SRA. By evaluating and identifying your vulnerabilities, your practice can address these weaknesses before they become serious problems. As stated before, no matter how small or large your organization is, you must complete the SRA annually. Regular reviews of PHI access are essential to identify and address breaches promptly, minimizing the number of affected patients. Implementing an access log is crucial as well, ensuring staff is held accountable for documenting when they interact with PHI. Utilizing a compliance software solution can alleviate the stress of managing numerous requirements. Software solutions can streamline compliance and offer a SRA and an access log within the program. By outsourcing compliance, your team can focus more time on patient care. To learn how to simplify HIPAA compliance for your practice, schedule a consultation with a compliance expert today.

Outcomes of a HIPAA Investigation
Abyde News, Best Practices, HIPAA

The Final Verdict: HIPAA Investigation Outcomes

March 3, 2025 No comments yet

March 3, 2025   Welcome to the fourth and final installment of Abyde’s HIPAA Investigation Survival Series. We’ve already reviewed the initial breach, the letter you received, organizing documentation in response to the letter and data request from the OCR, and now the possible outcomes of a HIPAA investigation.  There are a few possible outcomes for a HIPAA investigation. As discussed at the end of the previous blog post, the ultimate judgment from the OCR could be levied months or even years after the investigation started.  What are the possible outcomes of a HIPAA Investigation? The most favorable outcome of an investigation is when the OCR closes your investigation. Your OCR investigator will inform you through writing, either through an official email or letter, that your documentation was sufficient, showcasing that your practice is implementing the right safeguards to secure Protected Health Information (PHI). Once an investigation is closed, you’ve officially passed the investigation.  However, the OCR can and will levy monetary fines if your documentation is insufficient. Monetary fines range from $141 to over $2 million per violation. Fines are tiered, starting with tier 1, which is the least serious based on a sincere lack of knowledge of a violation, to tier 4, or willful neglect of a situation if not corrected within 30 days. These fines are also adjusted yearly based on inflation.  HIPAA fines are categorized into two types: Civil Monetary Penalties and Settlements. Civil Monetary Penalties are imposed when a practice is found guilty of violating HIPAA regulations. The practice and the OCR negotiate settlements, and the practice does not admit to any HIPAA violations once paying the fine.  Both forms of penalties are highlighted on the OCR’s website as press releases and written about by numerous healthcare compliance news professionals, meaning this fine will live on the internet forever.  Lastly, the OCR can levy a Corrective Action Plan (CAP) in addition to a monetary penalty. A CAP requires a fined practice to be monitored by the OCR for several years, as defined by the CAP. This leaves the practice subject to government scrutiny, another hurdle.    How Can I Avoid This? Proactive measures are key when it comes to avoiding a HIPAA investigation. By implementing the appropriate safeguards before a situation occurs and properly training all staff, your practice can avoid common mistakes leading to breaches.  Utilizing a software solution is imperative when handling HIPAA compliance. Outsourcing compliance streamlines compliance for your practice, freeing your time and providing an easily accessible hub for all documentation.  To learn more about simplifying HIPAA compliance for your practice, schedule a consultation with one of our experts today.  To visit our first installment of this series about the breach that likely causes an investigation, please visit here, learn more about the audit letter, visit here, and learn more about organizing documentation for an investigation here.   

Business Associate HIPAA Fine
Business Associates, Fines, HIPAA

Choose Your Business Associates Wisely: An $80K Mistake

January 8, 2025 No comments yet

January 8, 2025 As we ring in the new year, it’s important to remember that Business Associates (BAs) are just as responsible for protecting patient health data as their Covered Entity counterparts. A major misstep by a BA was highlighted recently on a federal level, and the first fine of 2025 was imposed. Elgon, a Massachusetts-based medical record and billing support company for Covered Entities, was levied a $80,000 fine due to numerous violations of the Security Rule, which were exposed by the fallout of a ransomware attack. As a proposed update to the Security Rule is currently open for public comment and may take effect in the spring, it is crucial for Covered Entities to select Business Associates (BAs) who prioritize compliance. BAs are just as responsible for ensuring that Protected Health Information (PHI) is kept secure. What Happened? Elgon was the victim of a ransomware attack on March 25, 2023. Unfortunately, the BA didn’t realize the intrusion of its firewalls for over a week until a ransom note was discovered. Elgon then reported the breach, which affected over 30,000 patients of a Covered Entity. Thousands of social security numbers, addresses, and other personally identifiable information were leaked from the attack. When Elgon was investigated, it was uncovered that the organization failed to recognize its risks in a Security Risk Analysis (SRA). The SRA is at the foundation of a successful practice or business, giving an organization a benchmark on how it handles PHI and how it can improve. This fine is also the second enforcement of the OCR’s Risk Analysis Initiative, highlighting the importance of completing and maintaining this assessment. How to Protect Your Organization Covered Entities and Business Associates need to uphold their commitment to protecting patient data. This recent fine is a stark reminder of what can happen when the proper procedures are not followed, exposing the personal information of thousands of patients. To avoid and mitigate situations like this, Covered Entities must carefully choose the right BA to work with, ensuring they also understand the importance of protecting patient data.  For BAs, having the proper safeguards in place is vital, earning trust from Covered Entities that you can keep their patients’ PHI safe. A key document that establishes the liability of both parties is the Business Associate Agreement (BAA). The BAA is a written document required when working with Business Associates and vice versa. This signed agreement ensures both parties know their responsibilities when handling patient data. Proposed updates to the Security Rule expand on this, with BAs potentially having to verify they are enforcing the proper safeguards on a yearly basis, certified by a compliance expert. Overall, this fine sets the tone for a new year of significant changes and enforcement by the OCR. Covered Entities and Business Associates must both understand their critical role in protecting patients. To learn more about how you can become HIPAA compliant, schedule a consultation with our team of experts today.

Ransomware HIPAA Fines
Cybersecurity, Fines, HIPAA

The Price of Neglect: Ransomware Fines Hit Healthcare Practices

November 7, 2024 No comments yet

November 7, 2024 Healthcare practices felt quite a scare on Halloween, with over half a million dollars in fines levied on medical practices. These practices were fined for not taking the necessary precautions against ransomware breaches. The two practices impacted on this day of significant fines include Plastic Surgery Associates of South Dakota in Sioux Falls (PSASD), a multi-location organization, and the Bryan County Ambulance Authority (BCAA), an Oklahoma emergency medical services provider. PSASD was fined $500,000, and BCAA was fined $90,000. These significant fines are just the precipice of the future of healthcare breaches, with ransomware breaches increasing 264% since 2018. What Happened? Major ransomware attacks unfortunately impacted both of these healthcare providers. For PSASD, a breach was discovered that infected nine workstations and two servers in July 2017. This breach impacted over ten thousand patients, putting their data at risk. The malicious actors utilized trial and error to hack into the organization’s system. The data was unable to be restored. The investigation revealed significant gaps in their compliance program, including a missing Security Risk Analysis, inadequate policies and procedures for data handling and breach reporting, and insufficient training. This $500,000 penalty also includes two years of monitoring by the Office For Civil Rights (OCR). For the BCAA, its ransomware attack began in November 2021, but wasn’t reported until May of the following year. After a breach, depending on the severity, you must notify the OCR within 60 days. Since this breach impacted over 14,000 patients or over 500 people, it is considered a large breach. Similar requirements, such as a Security Risk Analysis, adequate policies, a risk management plan, and other safeguards, were missing as found in this investigation. It’s $90,000 fine includes a Corrective Action Plan as well. Protecting Your Practice from Ransomware Ransomware attacks will continue to affect our healthcare system. Although complete immunity is impossible, there are many precautions you can take to protect your practice. Implementing the right technical safeguards, such as firewalls, antivirus software, and a qualified IT team is crucial. Additionally, you can streamline your HIPAA compliance by using intelligent software solutions that help identify your compliance needs unique to your practice. In the event of an attack, these solutions can also guide you on how to respond effectively. To learn more about these smart solutions, meet with a compliance expert today.

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