What Happens When a Physician Violates HIPAA?

HIPPA was created in 1996 to prohibit medical professionals from disclosing patient information. To learn more about HIPAA and what is considered a HIPAA violation, continue reading and reach out to our experienced New York medical misconduct defense attorney. Here are some questions you may have:

What is HIPAA?

Patients of medical professionals deserve to feel confident that their medical records and health information is kept private. This is why HIPAA was created. HIPAA prevents medical professionals from disclosing confidential patient information and from making patient information public. HIPAA requires all patient information to be kept between the patient and the professional, even when the patient’s condition is not sensitive or severe.

Medical professionals are only allowed to discuss patient information with the approved parties within HIPAA guidelines that the patient specially chose through legal paperwork. This paperwork gives their loved ones the right to access their confidential information.

What is considered a HIPAA violation?

A violation of HIPAA is any circumstances where a medical professional shares information about their patient to any party who is not designated to receive this information. For example, telling another party that a patient is receiving treatment or care may seem simple, but it is still considered a HIPAA violation.

Hospitals, physicals, and patients can report any violation of HIPAA to the Office of Professional Medical Conduct or OPMC which will prompt an OPMC investigation.

Depending on the severity of the violating, the medical professional may face the following penalties:

  • If a professional did not know they were in violation: the professional may be subject to a $100-$50,000 fine
  • If there was willful neglect that was corrected during a certain amount of time: the professional may face a fine between $10,000 and $50,000
  • If there was willful neglect that was not corrected: the professional may face a $50,000 fine
  • In the event of multiple violations within the same year: the professional may face a fine of $1.5 million.
  • If a professional claimed they had reasonable cause to violate HIPAA: the professional may face a $1,000-$50,000 fine

If you are a medical professional facing a HIPAA violating and an OPMC investigation, do not hesitate to reach out to our experienced New York medical misconduct defense attorney. Our legal team is prepared to fight for your rights. To learn more about our services and how we can assist you, contact our firm today.

Contact our experienced New York City firm

When a medical professional is accused of misconduct, they must retain strong legal representation. If you require a medical law attorney for your legal matters, call Paul E. Walker, an experienced New York City OPMC & OPD Lawyer. Please contact the Walker Medical Law firm to set up a free initial consultation.