The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that enforces and establishes standards for protecting patient health information and streamlining healthcare transactions. HIPAA covers a substantial amount of information and regulations that affect and benefit both patients and their healthcare providers. As an essential proponent of healthcare, successful HIPAA comprehension is important. Avoid HIPAA misconceptions and explore these common HIPAA myths you should not believe.
Myth 1: All HIPAA Violations Lead to Fines
HIPAA violations put your business and patients at risk. Patients become susceptible to fraud, identity theft, and privacy breaches. Meanwhile, healthcare providers lose credibility and face penalties. HIPAA violations have repercussions, but not all of them are financial penalties.
HIPAA fines can range anywhere between $100 and $50,000, depending on the violation’s severity and lack of corrective action. Although fines are the main penalty for HIPAA breaches, minor and accidental violations can lead to just a warning and a corrective action plan. Not all HIPAA penalties come with a price.
Myth 2: HIPAA Compliance Is Optional
HIPAA compliance is mandatory for covered entities and businesses that handle patients’ protected health information (PHI). HIPAA affects people’s safety and rights, making compliance crucial. HIPAA compliance is not optional.
Myth 3: Medical Professionals Can’t Speak With a Patient’s Family Members
A major component of HIPAA is patient privacy. However, in some cases, medical professionals are allowed to discuss and share patient information with the individual’s family members, caregivers, and close friends without consent. The Privacy Rule allows doctors to share health information, without consent, with those directly involved in the patient’s health care or financial situation if they determine it is in the patient’s best interest.
Myth 4: HIPAA Only Applies to Electronic PHI
HIPAA applies to all forms of PHI—electronic, oral, and written. However, HIPAA’s Security rule exclusively applies to e-PHI. Many mistake the Security Rule as the foundation of HIPAA regulations, especially since most practices use electronic systems now. HIPAA’s Security Rule is separate to the Privacy Rule, providing more detailed protocols for specifically handling electronic PHI. The rest of HIPAA’s regulations apply to all PHI manifestations.
Myth 5: Healthcare Providers Can’t Send Medical Records to Each Other Without Consent
Consent is a crucial part of HIPAA’s efforts to enhance PHI security and patient privacy and rights. Covered entities are the exception—they form a little bubble for PHI permission-free communication. Anyone that doesn’t classify as a covered entity requires patient authorization before obtaining PHI. HIPAA purposely implemented the covered entity authorization loophole as a solution to streamline and improve healthcare industry communication while keeping patients protected.
Avoid common HIPAA myths by enhancing your HIPAA knowledge and understanding with effective HIPAA compliance training. At Gamma Compliance, our training manuals are the perfect solution to mitigating HIPAA myths and providing accurate and beneficial education on this crucial federal law. Check out our training programs and bust more HIPAA misconceptions today.