A State Court of Appeals recently reinstated a patient’s claim that an Indiana hospital is vicariously liable for the actions of its employee who shared the patient’s confidential information with an unauthorized third party.  Although the lower court originally dismissed the case, the appellate court found that there is a “genuine issue of fact” and remanded the case for further proceedings.  Now a potential monetary settlement teeters on the edge as the hospital’s potential liability for this employee’s HIPAA non-compliance rests in the hands of further proceedings in the lower court – so, you might want to ask why did this happen in the first place?

* HIPAA Training that is too basic and not focused on specific risk areas and organizational policies is not only non-compliant, but also largely ineffective. 

* HIPAA covered entities should have clear policies and training that address specific employee behaviors that are “high risk” for HIPAA violations. 

* Organizations must make sure they are training EVERYONE, and implementing effective Security Reminders.