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What Is HIPAA Compliance?

HIPAA compliance refers to adherence to the regulations and requirements outlined in the Act. Compliance entails following the guidelines and safeguards established by HIPAA to protect the privacy, security, and integrity of individuals’ protected health information (PHI). It’s critical for small practices to prioritize compliance as much as large entities. HIPAA’s requirements are there to help ensure that PHI is protected from unauthorized access or disclosure, and compliance processes are in place to help all entities avoid the costly penalties and legal liabilities associated with non-compliance.

Does HIPAA Apply After Death?

HIPAA applies throughout a patient’s life AND for up to 50 years after an individual’s death. Any medical records containing the PHI and ePHI of individuals who have been deceased for over 50 years fall outside HIPAA’s protection.

Can You Get Fired for Violating HIPAA?

Termination due to a HIPAA violation is a potential outcome based on the severity of the violation, organizational procedures, and managerial discretion. According to the HIPAA Journal, “A violation…may, depending on the circumstances, be considered a matter for internal disciplinary action and not termination. Viewing the medical records of any patient without authorization is likely to result in termination unless the incident is reported quickly, no harm was caused to the patient, and access was accidental or made in good faith.”