Can I Get Fired for an Accidental HIPAA Violation?

An accidental HIPAA violation can result in termination if a HIPAA Covered Entity or Business Associate applies its workforce sanction policy to conclude that the conduct, even without intent, created an unacceptable privacy or security risk, violated established access or disclosure rules, or reflected a failure to follow required safeguards.

Employment outcomes are driven by the organization’s written policies, the person’s role and access level, labor and employment terms that govern discipline, and the facts of the incident. Organizations commonly distinguish between an isolated mistake that is promptly reported and corrected, and conduct that involves access without a job-related need, disclosure to an unauthorized recipient, use of unsecured communication channels after training and policy controls were provided, or repeated noncompliance after prior corrective actions.

HIPAA compliance programs are expected to include documented workforce sanctions for violations of privacy and security policies, and sanction decisions are expected to be applied consistently across similar fact patterns. An accidental incident does not eliminate compliance obligations, including internal investigation, mitigation steps when feasible, and documentation supporting whether an impermissible use or disclosure occurred and whether notification duties apply under the HIPAA Breach Notification Rule.

Personnel actions do not replace remediation requirements. Organizations typically address accidental violations through a combination of targeted retraining, access adjustments, process changes, and monitoring controls when the root cause is a workflow or training gap, while reserving termination for cases involving disregard of policy safeguards, repeated incidents, or conduct that indicates the person cannot be relied upon to handle protected health information within required limits.

Daniel Lopez

Daniel Lopez is the HIPAA expert behind HIPAA Coach. Daniel has over 10 years experience as a HIPAA trainer and has developed deep experience in teaching HIPAA to healthcare professionals. Daniel has contributed to numerous publications including expert articles on The HIPAA Guide. Daniel is currently a staff writer on HIPAA at the Healthcare IT Journal. Daniel was a subject matter expert for ComplianceJunction's online HIPAA training. Daniel's academic background in Health Information Management is the foundation of his HIPAA expertise. Daniel's primary professional interest is protecting patient privacy, which he believes is the core of the HIPAA regulations and the best route to HIPAA compliance. You can reach Daniel on the contact page of HIPAA Coach and follow him on Twitter https://twitter.com/DanielLHIPAA