Common Examples of HIPAA Violations: Understanding Compliance Challenges
Achieving HIPAA compliance requires significant dedication and meticulous attention to detail. After all, safeguarding Protected Health Information (PHI) is non-negotiable.

Even with extensive resources and a dedicated compliance team, organizations may grapple with the lingering question: Have we truly addressed every requirement? Despite their best efforts, common missteps can leave them vulnerable to hefty fines, breaches, and reputational damage.
Organizations can inadvertently overlook crucial elements, whether it be an misconfigured technical control, an incomplete vendor contract, or an outdated risk analysis. Even the most diligent teams can find themselves unintentionally misaligned with HIPAA standards. The consequences of such oversights can be severe, leading to substantial financial penalties of HIPAA violations and reputational harm that may take years to recover from.
Understanding the common pitfalls in HIPAA compliance is essential for safeguarding both patient data and organizational integrity. Let’s explore the most common violations and strategies to mitigate these risks effectively.
1. Failure to Perform an Organization-Wide Risk Analysis
A thorough, organization-wide risk analysis is the first step in identifying where your systems may be vulnerable to protected health information (PHI) breaches. Yet, time and again, organizations fail to conduct one, or if they do, it’s not as comprehensive as it should be.
Compliance Challenge: Let’s face it—performing an exhaustive risk analysis is daunting. It’s not a quick checklist; it requires resources, coordination across departments, and a deep dive into both digital and physical safeguards. For smaller practices or even larger ones with sprawling IT infrastructures, it’s easy to get overwhelmed.
Solution: Break it down into smaller, more manageable steps. Create a process that brings in multiple perspectives—IT, compliance, and even frontline staff—to ensure you’re covering all your bases. And don’t rely on a one-and-done approach; risk evolves, so your analysis should, too.
2. Failure to Enter into a HIPAA-Compliant Business Associate Agreement (BAA)
If your organization works with third parties that handle PHI, you need a Business Associate Agreement (BAA) in place. No exceptions. Failing to secure a HIPAA-compliant BAA opens you up to liability, and take it from someone who has seen this too many times, this is one of the violations that regulators see all too often.
Compliance Challenge: Tracking vendors and ensuring that every single one has a signed, updated BAA can be tricky, especially when you’re working with multiple business associates. In some cases, the agreement falls through the cracks, especially if there’s a lot of turnover or change in third-party relationships.
Solution: Implement a system that tracks these agreements—set calendar reminders for renewals, and assign a compliance officer to oversee all vendor relationships. No BAA should slip through unnoticed. It’s tedious, but the alternative is way more painful.
3. Wrongful Disclosure of PHI
Improper or unauthorized disclosure of PHI is a biggie. This could happen in so many ways: emailing patient information to the wrong person, discussing patient details in public areas, or even leaving PHI accessible to unauthorized staff. These are clear HIPAA violations that can result in hefty penalties.
Compliance Challenge: The problem here often comes down to human error. Healthcare environments are fast-paced, and people sometimes take shortcuts or simply make mistakes. Training is crucial, but keeping that awareness high in the midst of day-to-day pressures is no small feat.
Solution: Regular, meaningful HIPAA training is key. Don’t settle for a quick online module once a year—incorporate real-world examples into your training so employees can relate. Frequent reminders and spot checks can also help keep PHI security top of mind.
4. Delayed Breach Notifications
When a PHI breach occurs, HIPAA mandates that the affected parties and the Department of Health and Human Services (HHS) must be notified within 60 days. Failing to meet this deadline can be a costly mistake. Time is of the essence, and the longer you wait, the steeper the penalties.
Compliance Challenge: After a breach, your team is often scrambling to assess the damage and prevent further fallout, which can make it easy to forget about—or delay—required notifications. There’s a lot happening behind the scenes when a breach occurs, and reporting can sometimes take a back seat.
Solution: Prepare for a breach before it happens. Create a breach response plan with clear notification timelines, designate key roles, and rehearse the process. This way, you’ll be ready to meet the deadline if disaster strikes.
5. Failure to Safeguard PHI
HIPAA requires that both physical and electronic PHI be protected at all times. That means secure storage for paper records, encrypted databases for digital records, and restricted access to PHI wherever it’s housed. Leaving records exposed or accessible to unauthorized personnel is a violation.
Compliance Challenge: Often, the challenge here is not intentional neglect, but rather, outdated processes or oversight. Staff might leave a paper file open on a desk or forget to log out of a system. Even something as simple as a misconfigured security setting can expose sensitive information.
Solution: Tighten up your physical and digital safeguards. Conduct regular audits of your systems and procedures, make sure employees know and follow security protocols, and implement technical safeguards like automatic logouts and encryption across all devices. Physical security is just as important—don’t overlook it.
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6. Insufficient Access Controls
HIPAA mandates that only authorized individuals should have access to PHI, yet many organizations struggle with properly managing access controls. If PHI is accessible to people who don’t need it for their jobs—or worse, to outsiders—it’s a serious violation.
Compliance Challenge: Balancing accessibility and security can be tough, especially in large organizations. Staff turnover, role changes, and the need for quick access to information can all lead to lapses in access control.
Solution: Access controls should be role-based and reviewed frequently. Use multi-factor authentication (MFA) wherever possible and make sure your systems are set up to automatically adjust access levels when an employee’s role changes or they leave the organization.
7. Failure to Implement Encryption
Encryption is one of the simplest ways to protect PHI, especially in digital form. Yet, many organizations still fail to encrypt their data, leaving it vulnerable to breaches.
Compliance Challenge: Encrypting data can be costly or technically challenging, particularly if an organization’s IT infrastructure is outdated. Organizations might sometimes not see encryption as necessary because they rely on other security measures.
Solution: Encryption is a must. Ensure that all devices and systems that handle PHI use encryption at rest and in transit. Yes, it might take time and resources, but the peace of mind and compliance it brings is worth every penny.
8. Lack of Regular Compliance Audits
Regular audits are critical for maintaining compliance with HIPAA regulations. However, many organizations neglect this aspect, leaving them vulnerable to non-compliance and potential breaches.
Compliance Challenge: Scheduling and conducting audits can be a burden, especially when resources are stretched. Organizations may prioritize day-to-day operations over compliance, leading to gaps in their efforts.
Solution: Set a regular schedule for compliance audits involving both internal and external resources. This proactive approach can help identify weaknesses before they become larger, ensuring ongoing adherence to HIPAA standards.
Examples of Common HIPAA Violations
Common HIPAA violations typically fall into categories such as intentional violations by employers, unintentional employee mistakes, breaches by healthcare providers, and improper access or disclosure by third parties. Violations can occur in various settings, often involving unauthorized access to PHI, careless data handling, or a lack of proper security protocols.
Examples of HIPAA Violations by Employers
Employers may violate HIPAA by intentionally accessing or sharing employee health information without authorization. For example, an employer could inappropriately disclose an employee’s medical condition to other employees or fail to secure health records properly, resulting in a breach of privacy.
Examples of Unintentional HIPAA Violations
Unintentional HIPAA violations often arise from mistakes, such as sending PHI to the wrong person, losing unencrypted devices containing health information, or inadvertently discussing a patient’s condition in a public space. These breaches may not be deliberate, but they still compromise sensitive health information and can result in serious consequences.
Examples of HIPAA Violations by Healthcare Providers
Healthcare providers are bound by strict HIPAA regulations, but violations can occur when they fail to protect patient information adequately. Common issues include failing to obtain patient consent before sharing information, mishandling medical records, or improper disposal of PHI records. A provider who discards patient files in a regular trash bin rather than shredding them, for example, is violating HIPAA.
Examples of HIPAA Violations by Third Parties
Business associates or third-party vendors who handle PHI, such as IT providers or billing companies, are also subject to HIPAA rules. Violations occur when these third parties fail to protect PHI, such as through inadequate data encryption, improper access control, or failing to know how to report HIPAA violation breaches promptly. For example, if a cloud storage provider hosting patient data is hacked and lacks the proper safeguards, it would be a HIPAA violation.
Putting It All Together
HIPAA compliance isn’t something that happens by accident. It takes a deliberate, ongoing effort to ensure that patient data remains secure and your organization avoids costly violations. By understanding the common challenges associated with compliance and addressing them head-on, you can protect your patients and your bottom line. HIPAA violations may be common, but they’re avoidable with the right strategies.
Start Getting Value With
Centraleyes for Free
See for yourself how the Centraleyes platform exceeds anything an old GRC
system does and eliminates the need for manual processes and spreadsheets
to give you immediate value and run a full risk assessment in less than 30 days
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