Ensuring patient privacy and data security has always been a core responsibility in healthcare, but in 2025, with the explosion of cloud-based EHRs, mobile communications, and AI-powered documentation tools, that responsibility has become more complex. HIPAA violations can lead to serious fines, audits, and public exposure, but more importantly, they damage the trust between provider and patient. Understanding what constitutes a HIPAA violation is essential in protecting practices, patients, and the integrity of care.
What Counts as a HIPAA Violation?
A HIPAA violation occurs when Protected Health Information (PHI) is accessed, disclosed, or handled in a way that contradicts federal HIPAA rules. This can involve delayed requests, improper vendor agreements, unauthorized staff access, or even cyberattacks. Violations may be accidental or intentional, but both can lead to civil or criminal penalties.
In 2023 alone, the Office for Civil Rights (OCR) reported 725 data breaches, affecting over 133 million individuals, a record number that more than doubled the figures from the prior year.
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Disclosing Patient Information on Social Media
A survey of more than 4,000 physicians conducted by QuantiaMD found that 65% use these social media sites for professional reasons. Social media remains a gray area for many clinicians. While HIPAA doesn’t specifically address social platforms, its standards for protecting PHI still apply. This means that even a vague or “anonymous” post about a patient encounter can count as a violation. Posting images with charts in the background, sharing a story that indirectly identifies a patient, or venting about a case, even without names, can result in a reportable incident.
Failing to Provide Timely Access to Medical Records
HIPAA guarantees patients the right to access their complete health record within 30 days. Extensions are allowed only under specific conditions, and even then, records must be delivered within 60 days. Still, many organizations miss these deadlines due to disorganized workflows or lack of clarity on request protocols. Since 2019, the OCR has launched over 50 enforcement actions under its Right of Access Initiative.
Unauthorized Internal Access to Patient Records
It may surprise some providers to learn that internal mistakes, not outside hackers, account for a large portion of HIPAA violations. Whether it's a staff member opening a chart out of curiosity or forwarding lab results to the wrong email, these incidents are both common and dangerous. In 2019 the study "Healthcare Data Breaches: Insights and Implications" by Adil Seh found that 29.7% of data breaches were due to internal unauthorized disclosures.
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Working with Vendors Without a Proper Business Associate Agreement
Providers often assume that if a vendor markets itself as “HIPAA compliant,” that’s enough but the law says otherwise. A formal Business Associate Agreement (BAA) must be signed before any PHI is shared with third parties. These agreements define how PHI is handled, stored, and protected. In 2023, 37.5% of HIPAA breaches involved business associates. In one case, a healthcare group was fined $650,000 after sharing ePHI with a scheduling platform without a signed BAA. Even if the vendor never experiences a breach, the act of transmitting data without documentation is itself was considered the violation.
Cyberattacks and Ransomware Incidents
The healthcare sector remains one of the most targeted industries for cyberattacks. PHI is a valuable commodity on the dark web, and attackers know that many clinics, especially smaller ones, operate with outdated cybersecurity defenses.
Between 2018 and 2023 according to the U.S Department of Health and Human Services, hacking-related breaches increased by 102%, while the number of individuals affected skyrocketed by 1,002%. Last year alone, 80% of all large HIPAA breaches were due to cyber incidents. The consequences aren’t limited to fines. These attacks can shut down entire systems, delay care, and require months of recovery.
Protect Yourself and Your Patients
In an environment where data moves faster and farther than ever before, physicians must stay vigilant. Whether it’s sending records promptly, vetting third-party vendors, or avoiding casual workplace breaches, HIPAA compliance starts with informed individuals. These violations are largely preventable. With strong workflows, updated policies, and an awareness of where risks lie, providers can avoid costly penalties and ensure their practice reflects the professionalism and trust patients deserve.