On February 14, 2024, the U.S. Department of Health & Human Services Office for Civil Rights issued two Reports to Congress on Health Insurance Portability and Accountability Act of 1996 (HIPAA) compliance and enforcement, specifically, on HIPAA Privacy, Security, and Breach Notification Rule Compliance and Breaches of Unsecured Protected Health Information.
The 2022 Report to Congress on HIPAA Privacy, Security, and Breach Notification Rule Compliance identifies the number of complaints received, the method by which those complaints were resolved, the number of compliance reviews initiated by OCR, and the outcome of each review. Some highlights include:
- OCR received 30,435 new complaints alleging violations of the HIPAA Rules
- OCR resolved 32,250 complaints alleging violations of the HIPAA Rules
- OCR resolved 17 complaint investigations with Resolution Agreements and Corrective Action Plans (RA/CAPs) and monetary settlements totaling $802,500, and one complaint investigation with a civil money penalty in the amount of $100,000
- OCR completed 846 compliance reviews and required subject entities to take corrective action or pay a civil money penalty in 80% (674) of these investigations. Three compliance reviews were resolved with RA/CAPs and monetary payments totaling $2,425,640.
The 2022 Report to Congress on Breaches of Unsecured Protected Health Information identifies the number and nature of breaches of unsecured protected health information (PHI) that were reported to the Secretary of HHS during calendar year 2022 and the actions taken in response to those breaches. It also highlights the continued need for regulated entities to improve compliance with the HIPAA Security Rule requirements, including:
- risk analysis and risk management;
- information system activity review;
- audit controls;
- response and reporting; and
- person or entity authentication.
As in previous years, hacking/IT incidents remain the largest category of breaches occurring in 2022 affecting 500 or more individuals, and affected the most individuals, comprising 77% of the reported breaches. Network servers continued as the largest category by location for breaches involving 500 or more individuals at 58% of reported large breaches.
OCR’s 2022 Report to Congress on HIPAA Privacy, Security, and Breach Notification Rule Compliance may be found at: https://www.hhs.gov/hipaa/for-professionals/compliance-enforcement/reports-congress/index.html
OCR’s 2022 Report to Congress on Breaches of Unsecured Protected Health Information may be found at: https://www.hhs.gov/hipaa/for-professionals/breach-notification/reports-congress/index.html
