What is a HIPAA breach?

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A HIPAA breach is defined as the acquisition, access, use, or disclosure of protected health information (PHI) in a manner not permitted by HIPAA regulations, which compromises the security or privacy of the PHI. Impermissible use or disclosure of protected health information is presumed to be a breach unless it can be shown that the probability of protected health information having been compromised is low, based on a multifactor risk assessment. The risk assessment should review the nature and extent of the PHI involved; to whom the disclosure of PHI was made; whether the PHI was in fact acquired or viewed; and the extent to which the risk to the PHI was mitigated, among other elements.

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In the event of a breach of unsecured PHI, the HIPAA Breach Notification Rule requires that covered entities communicate notification of the breach to any affected individuals, the U.S. Department of Health & Human Services, and in some cases, the media.

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HIPAA compliance is required of organizations and employees who work in or with the healthcare industry, or who have access to protected health information. A covered entity or business associate that fails to adhere to one or more of the HIPAA Rules is in violation of HIPAA; organizations that violate the provisions of the HIPAA Rules may be penalized. Penalties for HIPAA breaches are strict and can significantly impact an organization’s finances and reputation.