Can employees be fined by the Office for Civil Rights (OCR) for HIPAA violations?

The correct viewpoint is that only HIPAA covered entities and business associates can be fined for breaches of HIPAA regulations. This is because HIPAA establishes a framework mainly aimed at organizations that handle protected health information (PHI), rather than targeting individual employees directly.

Covered entities include health care providers who transmit any health information in electronic form in connection with a HIPAA transaction, health plans, and healthcare clearinghouses. Business associates are those who perform certain functions or activities on behalf of, or provide certain services to, a HIPAA-covered entity that involves the use or disclosure of PHI.

While employees may face disciplinary actions from their employers, including termination, they do not face fines directly from the OCR unless they are acting on behalf of a covered entity or business associate in a manner that constitutes a violation of HIPAA laws. The responsibility primarily lies with the organizations to ensure compliance and to implement safeguards against any potential breaches of PHI.

Understanding this distinction is key for healthcare students and professionals so they can navigate compliance responsibilities effectively.