Working with protected information is a significant responsibility. Any mistakes could violate the Health Insurance Portability and Accountability Act (HIPAA) and result in civil or criminal penalties. However, reporting noncompliance is crucial for protecting patients and clients. Learning how to report a HIPAA violation anonymously or under your name will give you more peace of mind if you ever need to report an incident.
Saying someone compromised a patient’s privacy isn’t enough to file a HIPAA breach. Those handling the complaint will need documentation of the singular or recurring violations. You should collect paperwork noting things like:
Remember — giving away someone’s private medical information isn’t the only way to compromise their HIPAA protections. People violate HIPAA if they access unauthorized data or use the information without the patient’s consent. Documentation of each activity will better guarantee justice for the violation.
Your employer may have an internal support structure in place for HIPAA complaints. If you’re wondering how to report a HIPAA violation where you work, see if there’s a Privacy Officer or HIPAA compliance office within your organization. You should feel comfortable mentioning your report to your manager, but places with internal reporting options often have those figures ready to help outside your supervisory team.
Some people may research how to report a HIPAA violation anonymously because they’re uncomfortable providing their identification. If you fear retaliation from a supervisor or other retribution in the workplace, there are ways to file a HIPAA complaint without giving your name.
The OCR website allows you to log details and provide evidence while concealing your contact information. Your full name, phone number and address are not legally required for someone to review your complaint.
Consider making an anonymous report cautiously. OCR representatives may not take anonymous claims as seriously because people submitting fake reports maliciously may withhold their names, casting doubt on all identification-free filings. Your paperwork might not proceed to full review without your name attached to it.
People sometimes contact the Office for Civil Rights (OCR) with HIPAA concerns. Your employer might recommend taking the step, or you could contact the OCR if your management team violated HIPAA. Since it began in 2003, the OCR has handled over 351,000 complaints and effectively resolved 348,503.
You can file an OCR complaint through the office’s website, physical mail, email or fax. If your information reaches an OCR representative within 180 days of the violation, they will investigate your complaint and potentially take action.
You’ll have 180 days to report a HIPAA breach to OCR, but that deadline may change with other organizations. Your workplace might require a faster filing deadline, and some state Attorney General offices also have their own timelines for HIPAA reports. Consider where you’ll submit your evidence to research the specific office further.
After your workplace HIPAA officer or an OCR review team deems your report credible, they’ll launch an investigation. You’ll receive notification of the decision before anything starts.
Depending on who’s leading the investigation, there may be document reviews, interviews and additional discussions with people in charge of your workplace. If you send your evidence to the OCR, there’s no guarantee that you’ll hear back within any specific period, given the rate of annual complaints the office receives.
Depending on the findings, civil or criminal penalties might occur. If your employer — the covered entity — resolves the matter to the investigator’s standards, they may only pay a fine. According to the American Medical Association (AMA), fines can range from $100 to $1.5 million, depending on the motive. Unknown breaches, violations with reasonable cause and willful neglect affect the penalty ranges.
Criminal violations include more severe actions, such as individuals who knowingly obtain or disclose protected information. The AMA notes that fines can start at $50,000 and include up to 10 years in prison. The maximum penalties apply in cases where the person committing the violation intended to sell the protected data or use it for malicious purposes.
You shouldn’t face any legal consequences for your report, unless it’s fraud. The system exists to hold entities and individuals accountable. If you experience workplace discrimination or loss of employment related to your complaint, you may be able to take legal action against your employer.
Knowing how to report a HIPAA violation is crucial for anyone working with protected data. You can file a complaint anonymously or under your name, but you may have more success by providing as much information about yourself as possible.By understanding the steps to report HIPAA breaches, you’ll help protect patients and uphold the law.
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