Fine

American Medical Response HIPAA Fine
Fines, HIPAA

Your Medical Records, Your Right: AMR Learns Costly Lesson

August 6, 2024 Comments Off on Your Medical Records, Your Right: AMR Learns Costly Lesson

August 6, 2024 Did you know the Office for Civil Rights (OCR) has launched a new initiative to ensure proper compliance with patients’ Rights of Access? American Medical Response (AMR), a private ambulance company, has now felt the impact of these efforts, becoming the 49th entity to face a HIPAA Right of Access Enforcement Action. AMR was recently fined $115,200 for failing to provide a patient with their medical records in a timely fashion.  AMR’s mistake was brought to the attention of the OCR through a patient complaint. On October 31, 2018, the patient requested a copy of her medical records. Instead of receiving them within the allotted 30 days, this sparked the beginning of a long battle for her records.  In January 2019, the patient sent follow-up requests to both AMR and its Business Associate, Centrex. AMR responded to the request in March 2019, sending the patient an invoice and requiring payment before the records were provided.  During the ongoing battle for her medical records, she warned AMR she would report the organization to the OCR if her records were not provided. The patient filed a complaint in July 2019. Finally, the records were provided on November 5, 2019, over a year after the initial request.  What is Right of Access?  HIPAA’s Right of Access rule, which falls under the HIPAA Privacy Rule, allows patients to receive access to their medical records within 30 days with minimal or no charges. These charges can only include the costs of copying and mailing medical records. In some states, this 30-day requirement is shorter, like in California, which requires access to copies within 15 days.  This right empowers patients to make informed healthcare decisions, such as sharing their medical history with new providers. What should my practice do?  First, proper training is essential to ensure that staff understand the importance of providing patients with their records on time. Additionally, staff must understand and follow the procedures for securely sharing medical information with the patient. Ensuring staff is properly trained and aware of the resources available to them is vital to staying compliant.  You could be adding more stress to your plate if you still use a dusty binder to track and manage HIPAA compliance. Keeping track of training, documentation, and the constantly evolving regulations is a complex task that demands a modern approach. Intelligent software solutions can offer staff a centralized compliance hub with everything they need to know when navigating patient requests. To learn more about how smart compliance software solutions can protect your practice, schedule a consultation with an expert today. 

Heritage Valley Health System HIPAA Fine
Fines, HIPAA

A Nearly Million Dollar Mistake: Heritage Valley Health System

July 3, 2024 Comments Off on A Nearly Million Dollar Mistake: Heritage Valley Health System

July 3, 2024 Did you know that ransomware attacks are becoming increasingly common in healthcare?  Since 2018, there has been a whopping 264% increase in large ransomware breaches. The devastating impact of a ransomware breach on an organization is wide-reaching, regardless of its size, as seen with the Change Healthcare breach. It’s imperative to take the proper precautions to ensure that Protected Health Information (PHI) is secure against hacking attempts.  At the center of the latest fine, Heritage Valley Health System (HVHS), which operates in Pennsylvania, Ohio, and West Virginia, fell victim to ransomware attacks. These attacks infected HVHS systems, affecting sensitive patient information.  As the Office for Civil Rights (OCR) reviewed the major data breach, several pieces of required documentation, such as a Security Risk Analysis (SRA) and an emergency plan, were absent.  This missing documentation has led to a $950,000 fine and three years of corrective monitoring.  Let’s explore what you can do to prevent this nearly million-dollar mistake. Importance of an SRA  The purpose of the SRA is to review your risks and vulnerabilities regarding the management of ePHI (electronic Protected Health Information). This comprehensive analysis notes the physical, technical, and administrative controls to protect your patient’s PHI.  Your SRA is documented proof that your organization understands its weaknesses and is making strides to address them and better protect patient data.  While the SRA is a very important document, it is frequently missed. From the last round of random HIPAA audits, which have resumed recently, only 83% of practices and Business Associates could produce a sufficient SRA.  SRAs are vital for practice compliance, showcasing growth, and best practices in safeguarding patient data. Check out our recent blog post here to learn more about the SRA. Why do I need plans in place?  When running a medical practice, it’s important to be prepared for any situation that could arise. That’s why policies and procedures are so important. If your practice faces a scenario that may compromise PHI, your team needs easy access to a plan for handling the situation calmly. By addressing potential challenges well in advance, your team will feel empowered and confident in their ability to respond. Moreover, as part of your preventive measures, it’s beneficial to designate specific roles and responsibilities for your staff. This ensures that everyone is aware of their duties in any given situation.  Cybersecurity Measures  Unfortunately, healthcare practices have become very common victims of ransomware attacks. To prepare your organization for this, follow best cybersecurity practices, such as encryption, reviewing access controls, and creating unique sign-ons for all employees.  Healthcare organizations should prioritize technical safeguards like encryption, access controls, and multi-factor authentication. However, security goes beyond technology.  Implement security awareness training for staff, establish a data breach response plan, and maintain regular backups. Regularly conduct risk assessments and evaluate the security practices of third-party vendors. It’s important to consider partnering with an IT company offering valuable expertise. They can recommend the right tools, update you on evolving threats, and monitor your systems for suspicious activity. This layered approach will strengthen your systems and prepare you for potential attacks. How Smart Software Can Help Fines for HIPAA non-compliance can be staggering, but there are alternatives to the manual tracking and paper binders you may be used to. Intelligent software systems are designed to save you time and headaches and ultimately protect your practice to avoid audits and fines. Software empowers your team to manage your program easily and enables a culture of compliance in the office. It streamlines commonly overlooked requirements such as the SRA with dynamically created documentation and develops comprehensive plans, policies, and procedures so you stay current with the latest requirements. Better yet, when using cloud-based software solutions, you get 24/7 secure access and real-time updates when compliance regulations change. Schedule an educational consultation today to learn more about how software solutions can protect your practice.     

Most Common Dental HIPAA Fines
Fines, HIPAA

HIPAA for Dental Practices: Avoid the Most Common Fines

June 26, 2024 Comments Off on HIPAA for Dental Practices: Avoid the Most Common Fines

June 26, 2024 Did you know that as of 2023, less than half of dental offices in the United States are fully HIPAA compliant?  Dentists play a crucial role in maintaining oral health and ensuring the safety of their patients’ Protected Health Information (PHI). Although HIPAA regulations can be complex, it’s essential to understand and comply with them to protect your dental practice and patients. This article explores the most common HIPAA fines for dentists and how you can manage them. Right of Access Under HIPAA, patients can access their medical records within 30 days of the first request and should not be charged unreasonable costs. Dentists have been fined several times for violating this right. A practice in Georgia took over a year to provide a patient with her medical records after she refused to pay a $170 copying fee. This incident violated the 30-day timeline, and the fee was also deemed unreasonable, resulting in a fine of $80,000.  To uphold a patient’s right to access their medical records, it’s vital to manage record requests promptly and organize them. It’s also essential to avoid charging excessive fees for accessing these records. If you’re unsure about what would be considered a reasonable fee, the OCR has issued guidance suggesting a flat fee of a maximum of $6.50 for accessing records. Social Media Usage On top of managing your practice’s reputation in person, you have to manage it online. Online reviews are a shared resource patients use while selecting a new dentist. 94% of patients use online reviews while choosing a new medical provider. However, while managing your online presence, you must be HIPAA compliant. This means not sharing any of your patient’s PHI in reviews. A dental practice in North Carolina was fined $50,000 for improperly sharing a patient’s PHI online in response to a negative review. The practice shared significant PHI about the patient, which discredited the original review. No matter how inaccurate or false a review may be, sharing a patient’s PHI online is never justifiable. Keeping responses short and sweet is essential to avoid making a social media mistake. Even if someone has shared information in their review, you can’t mention that they are a patient at your practice. It’s essential to use a brief and general response while navigating HIPAA. If you receive a negative review, it’s crucial to stay calm. Getting upset for a few seconds isn’t worth facing thousands of dollars in fines. Next, take the conversation to a private channel. Respond to the comment with HIPAA-compliant communication, such as providing a phone number or encrypted email to further discuss the patient’s experience. Cybersecurity Access  In our technology-driven world, most, if not all, dental practices utilize technology to create and store patient data. In recent years, cybersecurity concerns and hacks have infiltrated the healthcare system, with hacking causing 77% of large breaches.  Controlling and training staff on technology use is vital for protecting your practice. In a rare case, a HIPAA violation resulted in jail time for an employee at a dental practice. This employee, a receptionist, abused her access to PHI, stealing patients’ identities and making significant purchases with them. She was sentenced to two to six years in prison for her crime.  Encrypt and secure information properly to avoid cybersecurity-related fines. Additionally, assign roles and access to employees individually, with every employee having their own login. Periodically review employee access and activity to ensure technology is being used correctly.  How Software Can Help There’s a better way to simplify the compliance process for your dental practice. Software offers the ability to streamline your administrative tasks, saving you time and letting you focus on taking care of your patients. Automated and dynamic software helps you be proactive in avoiding these common mistakes, pinpointing your vulnerabilities, and resolving them effectively. Schedule a consultation here to learn more about how Abyde’s intelligent solutions can help create a culture of compliance and protect your practice.     

New Jersey Nursing Facility HIPAA Fine
Fines, HIPAA

HHS Cracks Down on New Jersey Nursing Facility for HIPAA Violation

April 1, 2024 Comments Off on HHS Cracks Down on New Jersey Nursing Facility for HIPAA Violation

April 1, 2024 The U.S. Department of Health and Human Services (HHS) has imposed a civil monetary penalty of $100,000 on Hackensack Meridian Health West Caldwell Care Center, a skilled nursing facility in New Jersey. The facility violated the HIPAA Right of Access law. The penalty stems from the facility’s failure to provide a patient’s medical records to their authorized representative in a timely manner, or within 30 days.  According to the HHS Office for Civil Rights (OCR), which investigated the case, Hackensack Meridian Health withheld the records even after receiving documentation demonstrating the individual’s legal right to access them. The requested records were ultimately sent to the authorized representative only after intervention by the OCR. HIPAA guarantees patients the right to access and obtain copies of their medical records. The OCR enforces this regulation and takes action against healthcare facilities that fail to comply. “A patient’s timely access to health records is paramount for medical care,” said OCR Director Melanie Fontes Rainer in a press release. “The OCR will continue to vigorously enforce this essential right to ensure compliance by health care facilities across the country.” This incident highlights the importance of HIPAA and the rights it grants patients regarding their medical information. It also serves as a reminder for healthcare providers to ensure they have clear procedures in place for handling requests for medical records. This is also the second Right of Access violation ruled on in the last week. Read more about other recent fines here.

Phoenix Healthcare HIPAA Fine
Fines, HIPAA

Phoenix Healthcare Fine: Don’t be a Fool in Compliance

April 1, 2024 Comments Off on Phoenix Healthcare Fine: Don’t be a Fool in Compliance

April 1, 2024 Happy April Fools Day! We hope you’re enjoying the holiday with some lighthearted fun and pranks!  Now, HIPAA regulations are no laughing matter. HIPAA regulations are in place to protect patients’ information, making sure we all have the rights we deserve to keep our information safe.  Today, we’re talking about the latest HIPAA fine, given to a multi-location nursing care organization in Oklahoma, Phoenix Healthcare.  Phoenix Healthcare was fined 35 grand for violating the HIPAA Right of Access Rule, being the butt of the joke of this major fine.  Get buckled up, pranksters! We’re all in for some April Fools’ fun but don’t even think about messing with HIPAA. Patient privacy is no joke!  So, What Happened?  Well, what happened was unfortunately not a prank.  Phoenix Healthcare withheld someone’s health information for almost a year after an initial request was made.  The OCR was made aware of this not-so-funny situation by a caretaker trying to get the health information of her mother, a patient at the nursing home.  Like a joke that went on too long, Phoenix Healthcare eventually did send the information to the daughter. However, the HIPAA Right of Access Rule requires information to be shared within thirty days of a request. Some states, it’s even sooner, like California!  The daughter reported the HIPAA violation to the OCR, and at first, Phoenix Healthcare was ordered to pay a fine of 75,000! With an appeal, and an agreement that Phoenix Healthcare updates its HIPAA policies and procedures, and provides training, the fine was lowered to 35,000.  Whew! While Phoenix Healthcare is still on thin ice, they saved themselves a lot of money.  What can I learn from this?  Well, great question! First, HIPAA compliance is no joke. But don’t worry, no April Fool’s pranks here!  To stay ahead of the curve,  we can make sure your practice is up-to-date on all the HIPAA rules. That way, you can focus on the fun and leave the compliance worries to us. With Abyde, we make sure you Never Stress Over Compliance Again! The Abyde software offers a variety of features to simplify the compliance process. Yes, the words ‘simple’ and ‘compliance’ can be in the same sentence.  While this is a chore for Phoenix Healthcare, the Abyde software even includes dynamically generated policies and procedures, having HIPAA-compliant policies in seconds. The training is also covered, with our enjoyable training that somehow turns learning about HIPAA fun!  We promise you, this isn’t an April Fools trick, we actually make compliance easy. To learn more about how Abyde can help your practice, schedule a consultation, here. 

Common Dental HIPAA Violations
Best Practices, Fines, HIPAA

Most Common HIPAA Violations by Dentists

March 6, 2024 Comments Off on Most Common HIPAA Violations by Dentists

March 6, 2024 Happy National Dentist’s Day! In honor of this special holiday, here’s a cheesy joke. What is a dentist’s favorite animal? A Molar Bear!  Now, please stop cringing. We apologize for the bad joke, if we could, we would give all dentists who use our software a little … plaque. Ba Dum Tsss.  Alright, now back to the more serious stuff. Dentists play an important role in our health, ensuring our smiles stay healthy and bright. However, they also have another major responsibility: following HIPAA regulations and protecting our protected health information (PHI).  Sometimes, dentists slip up on their compliance responsibilities. Here are some of the most common HIPAA hiccups dentists face.  Stolen Devices: One of the most common HIPAA violations for dentists is improper handling of stolen devices with PHI. In our tech-savvy world, computers and other devices play an imperative role in the dentist’s office, withholding information on patient’s personal information like billing, medical records, and more.  If you have a device with electronically protected health information or ePHI, in your practice, make sure it is encrypted, or in other terms, very secure software that makes sure the right people are the only ones who can access it. Additionally, if a device is stolen, make sure remote deletion is set up correctly, letting you delete sensitive data from it with another device. ePHI in the wrong hands can be dangerous, but with the right precautions, you can keep patients safe.  Disregardful Disposal: Another common HIPAA violation for dentists is improperly disposing of protected health information. From creation to disposal, PHi needs to be handled securely by your practice and complaint Business Associates (BAs). We’ve seen the after-effects of mishandled PHI, resulting in hefty fines. For example, a practice in Massachusetts improperly threw out PHI, throwing it in garbage bins outside the practice, and was fined over $300,000. Retaliating Responses: On top of managing your practice’s reputation in person, you have to manage it online. A very common HIPAA violation is disclosing PHI through social media and review sites. While I know it can be hard to not defend your practice, keeping your cool for sure feels way better than losing thousands of dollars to a fine. A California dentist practice learned the hard way by being fined $23,000 for disclosing PHI on Yelp in heated responses. The moral of the story? Keep it short, sweet, and offline. If you want to share a customer testimonial or image of a customer, ensure a media consent form is signed.  Now, those are some of the most common HIPAA violations by dentists. Dentists have a lot on their plate, and sometimes, compliance falls on their list of priorities. That’s where Abyde comes in. We’re here to help make compliance simple for your dental practice, with a plethora of compliance resources. We pride ourselves on our efficiency, like turning the daunting Security Risk Analysis (SRA) into a minutes-long questionnaire, pinpointing everything you need to know for your practice. This results in a scorecard, with best practices to avoid HIPAA violations, including the ones mentioned above! The Abyde software also includes engaging training (that does not require you to shut down your practice for all to complete), dynamically generated policies and procedures, documents, like the media consent form, and more.  We’re here so you can focus on what’s important, taking care of patients.  Have a wonderful Dentist’s Day, and relax, let us take care of the compliance.  For more information on how Abyde can simplify compliance for your practice, email info@abyde.com and schedule a consultation here.

Doctors’ Management Services HIPAA Fine
Business Associates, Fines

The Consequences of Neglecting Shared Responsibility: A Business Associate Case Study

February 9, 2024 Comments Off on The Consequences of Neglecting Shared Responsibility: A Business Associate Case Study

February 9, 2024 The world of healthcare data is complex, with numerous players responsible for safeguarding sensitive patient information. While doctors and hospitals are at the forefront, Business Associates (BAs) also play a critical role in HIPAA compliance. From marketing firms to IT organizations, any entity handling protected health information (PHI) for a Covered Entity (CE) becomes a BA, entrusted with a dual mission: serving clients and ensuring data security. Abyde has written a case study on the consequences of Business Associates neglecting their shared responsibility.  The case of Doctors’ Management Services (DMS) serves as a stark reminder of the consequences of avoiding BA responsibilities. In April 2017, a ransomware attack compromised the PHI of over 200,000 patients, putting them at risk. Shockingly, DMS discovered the breach over a year later, failing to implement basic security measures and promptly report the incident. This resulted in a $100,000 fine – the first-ever HIPAA penalty related to ransomware – and three years of corrective action under OCR monitoring. The key takeaways are clear: Here’s how Abyde can help BAs navigate HIPAA compliance with ease: We have a new software launching soon focused on assisting Business Associates achieve HIPAA compliance. Our software is revolutionizing, and it:  Don’t wait to become the next cautionary tale. Choosing Abyde’s HIPAA for BA software demonstrates your commitment to compliance excellence. Read the entire case study here.  For more information on how your organization can achieve compliance, email info@abyde.com and schedule an educational consultation here.   

Montefiore Medical Center HIPAA Fine
Cybersecurity, Fines, HIPAA

Malicious Insider Cybersecurity: Montefiore’s $4.75 Million Lesson

February 7, 2024 Comments Off on Malicious Insider Cybersecurity: Montefiore’s $4.75 Million Lesson

February 7, 2024 New York’s Montefiore Medical Center just learned a brutal lesson in data security: don’t underestimate the threat from within. The healthcare giant has been slapped with an astounding $4.75 million fine for HIPAA violations, stemming from multiple incidents of unauthorized employee access to patient records. This hefty penalty is the largest fine since 2021 and sends a clear message to the entire healthcare industry: malicious insider cybersecurity is a critical threat demanding immediate attention. The Inside Job: It all started in 2013 when a Montefiore employee turned rogue, accessing and selling the personal information of over 12,000 patients. Montefiore did not find out and report this breach till 2015. The HHS began its investigation in late 2015, and saw numerous violations.  Security Sleepwalking: OCR’s investigation exposed glaring security gaps at Montefiore. They found the hospital: The Price of Neglect: Montefiore failed to implement basic HIPAA Security Rule safeguards, resulting in a record-setting fine and a major reputational blow. This case is a stark reminder to healthcare providers of the ever-growing danger of insider threats and the crucial need for comprehensive cybersecurity measures. Lessons Learned: So, how can healthcare providers avoid a similar fate? Here are key takeaways from Montefiore’s missteps: Don’t know how to start? Well, we do. Abyde can easily assist you in building a culture of compliance for your organization.  The revolutionary Abyde software includes an extensive security risk analysis, highlighting best practices and any risks your practice currently faces. The security risk analysis is simple, yet still robust, ensuring your practice knows what steps it needs to take to be compliant. Our software also outlines the responsibilities of employees through our dynamically generated, personalized for you,  policies and procedures. Additionally, Business Associate Agreements can easily be created and signed within the portal, storing all important compliance documentation within the software. To learn more about how you can achieve compliance for your organization, email us at info@abyde.com and schedule a demo here.

Business Associate HIPAA Fines
Business Associates, Fines, HIPAA

BA Blunders: Lessons From Major Fines Given to BAs

February 6, 2024 Comments Off on BA Blunders: Lessons From Major Fines Given to BAs

February 6, 2024 Hey there, privacy protectors! Abyde here, your friendly neighborhood compliance champion, dropping some serious knowledge about Business Associate (BA) blunders. You know, those slip-ups that land you in hot water with HIPAA? Not a fun time at all. Here are some major lessons that BAs can learn from to ensure they continue to uphold their shared responsibility of protecting patient data.  Proactive security is key: Assuming your company is immune to threats can lead to costly mistakes. Doctors’ Management Services faced this harsh lesson when they were part of a cyber attack and their files, which included protected health information, were infected with ransomware. DMS didn’t realize their files were affected for over a year. This infection isn’t something that can be quickly cured, with hacking organizations demanding money in exchange for access to files. The DMS’s delayed reactionary response teaches BAs what not to do. The DMS did not have an updated security risk assessment, policies and procedures in place, or security systems in place to be prepared for this ransomware attack. The OCR fined them a pretty penny, $100,000, for their negligence. This lesson was also the first fine based on a ransomware attack.  Secure all servers: All protected health information, or PHI, a Business Associate interacts with, needs to be properly secure. While this seems obvious, BAs have learned this lesson the tough way, like MedEvolve’s $350,000 fine. MedEvolve had PHI online on an easily accessible server. This publicly accessible server included information like patient names, billing addresses, and even social security numbers.  A similar fine also occurred to iHealth Solutions, an IT organization that did not properly secure access to a server that contained the PHI of over 250 patients. This mistake cost the company $75,000.  Set up remote deletion of PHI: When working in a business, numerous devices have access to PHI. It is imperative to ensure data can be quickly wiped if these devices get into the wrong hands. A perfect example of this lesson was one learned by the  Catholic Health Care Services of the Archdiocese of Philadelphia, which was fined $650,000. There was a theft of a CHCS employee’s phone that contained PHI. This phone had access to extensive PHI, including, social security numbers, diagnoses and treatments and patients’ families. Due to this stolen device, and no proactive measures to mitigate the detrimental impacts of theft, the CHCS was heavily fined and had to be monitored for two years.  These fines may grab headlines, but the true cost goes beyond money. Breaches erode patient trust, damage reputations, and hinder the security of healthcare. Remember, BAs play a vital role in safeguarding sensitive information, and non-compliance has far-reaching consequences. While these fines serve as expensive lessons, Abyde is here to simplify compliance for your organization. Learn more about what it means to be a compliant Business Associate by emailing info@abyde.com and scheduling an educational consultation here. 

Community Health Center of Richmond OSHA Fine
Fines, OSHA

Staten Island Health Center Hit with $195K Fine for Silencing COVID Safety Whistleblower

January 31, 2024 Comments Off on Staten Island Health Center Hit with $195K Fine for Silencing COVID Safety Whistleblower

January 31, 2024 Hi regulation rockstars! There have been some major new updates in OSHA fines. A Staten Island health center recently learned a $195,000 lesson on the importance of whistleblower protection during a global pandemic. What Happened: A Staten Island health center, Community Health Center of Richmond (CHCR), has been ordered to pay $195,000 to a former employee they illegally fired for raising concerns about an in-person staff meeting during the early days of the COVID-19 pandemic. Ouch. The Whistleblower: This brave employee, concerned about the health risks of an in-person meeting in March 2020, requested a teleconference instead. They even went ahead and changed the meeting format themselves. Talk about taking initiative! Retaliation Bites Back: Unfortunately, CHCR CEO Henry Thompson wasn’t having it. He insisted on the in-person meeting, putting the employee in a tough spot. Faced with the choice between their health and their job, the employee ultimately chose not to attend. But instead of understanding their concerns, CHCR suspended them for “insubordination” and then fired them shortly after. Yikes. OSHA Steps In: The employee, rightfully upset, filed a whistleblower complaint with OSHA. And guess what? OSHA investigated and found CHCR in violation of whistleblower protection laws. Big win for employee rights! The Payout: As part of a settlement, CHCR and Thompson are shelling out $195,000 to the employee, on top of other measures like: The Takeaway: This case sends a clear message: Employers can’t silence employees who raise safety concerns, especially during a pandemic. Here’s what this means for you: Remember, your health and safety matter. Don’t let employers bully you into silence. If you have concerns, speak up and know that you have rights. To learn more about your rights in the workplace, email info@abyde.com and schedule an educational consultation here.