Small Health Care Provider Fails to Implement Multiple HIPAA Security Rule Requirements
There’s been a rare sighting of a 2020 HHS settlement of HIPAA charges. An almost 10-year old report of what would be a relatively small breach led to an investigation that uncovered persistent failures to implement the HIPAA Security Rule. From HHS:
Metropolitan Community Health Services (Metro), doing business as Agape Health Services, has agreed to pay $25,000 to the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) and to adopt a corrective action plan to settle potential violations of the Health Insurance Portability and Accountability Act (HIPAA) Security Rule. Metro is a Federally Qualified Health Center that provides a variety of discounted medical services to the underserved population in rural North Carolina and these facts were taken into account in reaching this agreement.
On June 9, 2011, Metro filed a breach report regarding the impermissible disclosure of protected health information to an unknown email account. The breach affected 1,263 patients. OCR’s investigation revealed longstanding, systemic noncompliance with the HIPAA Security Rule. Specifically, Metro failed to conduct any risk analyses, failed to implement any HIPAA Security Rule policies and procedures, and neglected to provide workforce members with security awareness training until 2016.
“Health care providers owe it to their patients to comply with the HIPAA Rules. When informed of potential HIPAA violations, providers owe it to their patients to quickly address problem areas to safeguard individuals’ health information,” said Roger Severino, OCR Director.
In addition to the monetary settlement, Metro will undertake a corrective action plan that includes two years of monitoring. The resolution agreement and corrective action plan may be found at: https://www.hhs.gov/sites/default/files/metro-signed-agreement.pdf*.