What Happens If a Nurse Violates HIPAA?

Nurses who violate HIPAA risk disciplinary action, fines up to $1.5 million annually, and potential jail time for severe breaches. To protect patient data and ensure compliance, healthcare providers need secure solutions like Fax.Plus, a trusted HIPAA-compliant cloud fax service.

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What Counts as a HIPAA Violation?

A HIPAA violation occurs when nurses, doctors or healthcare professionals mishandle or fail to adequately safeguard protected health information (PHI), such as patient names, medical records, Social Security numbers, or email addresses connected to medical details. Frequent examples of violations include:

  • Unauthorized Disclosure: Sharing patient info without permission.

  • Improper Access: Looking at medical records for patients who aren’t under your care.

  • Lack of Safeguards: Failing to use secure tools, like sending a fax over an unencrypted line.

  • Refusing Patient Access: Not giving patients copies of their own records.

  • Responding Publicly to Negative Reviews: Posting any part of a patient’s health info online.

What Are the Penalties for Nurses?

The consequences can vary based on how serious the violation is:

  • Civil Penalties: Fines can range from $100 to $50,000 per violation, with a yearly maximum of $1.5 million.

  • Criminal Penalties: If a nurse knowingly and willfully discloses PHI, for example, to sell patient data, they can face up to 10 years in prison and fines up to $250,000.

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Real-World HIPAA Violation Cases Involving Nurses

Here are three true stories of nurses whose careers were shaken by HIPAA violations. Each case shows just how easy it is to slip up and why nurses must remain alert.

Nurse Suspended for Taking Patient List to New Job

In 2015, nurse Martha Smith-Lightfoot from the University of Rochester Medical Center (URMC) took a list of over 3,000 patients, including names, addresses, birth dates, and medical diagnoses, to her new employer, Greater Rochester Neurology, without authorization. Patients discovered the breach when receiving unsolicited letters from the new clinic, prompting complaints. Martha was suspended from nursing for a year, received an additional stayed suspension, and was placed on probation for three years, while URMC was fined $15,000 and required to retrain staff on HIPAA compliance.

Nurse Fired for Discussing Patient Info in Public

In 2013, nurse Dianna Hereford at Norton Audubon Hospital in Kentucky openly discussed a patient's medical condition in a public hospital area, allowing others to overhear sensitive details. After the patient filed a formal complaint, an internal investigation led to Hereford’s termination. Despite her legal challenge, the firing was upheld, emphasizing the importance of discretion when discussing patient information, even within healthcare settings.

Nurse Faces Criminal Charges After Social Media Post

In 2017, a nursing assistant posted abusive images and videos of an Alzheimer’s patient on Snapchat, sparking widespread outrage. The assistant was immediately fired and faced criminal charges with potential jail time. This incident was among over 30 similar violations that year, highlighting the severe consequences nurses face when sharing patient information or images on social media, risking job loss, prosecution, and permanent damage to professional reputations.

How Nurses Can Prevent HIPAA Violations?

Avoid using regular email, chat apps, or personal phones to share PHI. Use tools built for compliance. For faxing, Fax.Plus offers a HIPAA-compliant way to transmit sensitive records with end-to-end encryption and secure cloud storage.

Why Fax.Plus Is a Safer Choice for Healthcare

Extremely Secure Solution

Built-in HIPAA Compliance

Fax.Plus is designed as a HIPAA compliant faxing solution with multiple layers of protection. Fax.Plus provides a signed BAAs with enterprise accounts.
All Fax Functions In Your Own App

Access to PHI Records

Ease record management by accessing audit trails of sent faxes. Easily search your archive using dedicated notes to find stored faxes.
Secure

Secure HIPAA fax

We use strong 256-bit AES encryption for stored documents, with each user having their own unique encryption key.
Keep Your Current Fax Numbers

Easy Workflow for Staff

Our user-friendly apps bypass the complexity of Radiology Information Systems (RIS), Electronic Health Records (EHR), and Practice Management (PM) systems.
Seamless Integrations

Cost Efficiency

Enjoy visibility of all expenses, choosing from various plans tailored to meet admin demands, including options for high-volume needs.
Dedicated Support

Advanced admin controls

Streamline staff management with flexible tools to enhance security, compliance, and operational efficiency.

FAQs

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The best move is to report it immediately to your supervisor or HIPAA compliance officer. Quick reporting can reduce the severity of the consequences, especially if the mistake was accidental. Trying to hide the mistake will only make things worse.
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Violations can damage a nurse’s professional reputation, making it harder to get hired. Employers typically run background checks, and a HIPAA related firing can raise red flags. In some cases, it might end the nurse’s career altogether.
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Yes. If a nurse willfully misuses patient data, especially for personal gain, they can be prosecuted:
  • Fines up to $250,000

  • Prison sentences up to 10 years

  • Criminal records that follow them for life

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Yes. If the violation is considered severe, like stealing, selling, or abusing patient data, it may be reported to the state nursing board. The board can suspend or even revoke the nurse’s license, making it very difficult to continue working in healthcare.
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Yes, Fax.Plus is HIPAA compliant. We understand the importance of safeguarding sensitive medical information. To ensure the highest level of protection maintaining the privacy and security of healthcare data, we have implemented robust security measures and policies that encompass the confidentiality, integrity, and availability of your health information.
Learn more about our approach here.
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Most companies can get up and running within a day. Special circumstances like porting existing numbers into Fax.Plus may take a few days.

Discover Fax.Plus,
HIPAA compliant fax solution.

Want to see how our cutting-edge faxing solution can help your healthcare organisation?
Schedule a demo and one of our representatives will contact you for a customized demonstration.

DISCLAIMER: The information on this site is for general information purposes only, and Alohi cannot guarantee that all the information on this site is current or accurate. This is not intended to be legal advice and should not be a substitute for professional legal advice. For legal advice, consult a licensed attorney regarding your specific legal questions.