What constitutes a HIPAA violation?

A HIPAA violation is primarily defined as any unauthorized use or disclosure of Protected Health Information (PHI). Under the HIPAA Privacy Rule, PHI is strictly regulated, and only authorized individuals can access, use, or disclose this sensitive information for specific purposes, such as treatment, payment, or healthcare operations. When an individual or entity discloses PHI without appropriate authority or consent from the patient, it constitutes a violation of HIPAA regulations.

This definition captures the essence of patient privacy rights, underscoring the importance of safeguarding personal health information against unauthorized access. When the confidentiality of PHI is breached, it not only affects the individuals whose information has been disclosed but also poses significant legal and ethical implications for healthcare organizations and professionals.

In contrast, authorized use of PHI, even if it involves sharing with family members, typically does not constitute a violation, provided that it aligns with the established privacy regulations and the patient has consented. Improper storage of medical records could lead to a breach, but it is more specifically aligned with security violations than direct HIPAA violations. Therefore, unauthorized actions are at the heart of what defines a violation of HIPAA standards.