Patients assume medical practices automatically protect their information
Many patients assume their medical information is automatically protected simply because they are visiting a healthcare provider. However, when a medical practice is not fully compliant with HIPAA requirements, sensitive personal and health information may be at greater risk of unauthorized access, disclosure, theft, or misuse. This can include Social Security numbers, insurance information, medical histories, diagnoses, prescriptions, and financial information.
What does Non-Compliance Mean
Non-HIPAA compliant practices may fail to properly secure computer systems, train employees, monitor access to records, or implement safeguards against cyberattacks and ransomware. As a result, patient information may be exposed through hacking incidents, lost devices, employee mistakes, improper conversations, or unsecured email and texting systems. Once information is compromised, patients may face identity theft, medical fraud, insurance fraud, embarrassment, or loss of privacy.
HIPAA is not a once and done process
HIPAA compliance is not just about avoiding government fines. It is about protecting patient trust, confidentiality, and safety. Patients should feel comfortable asking their healthcare provider how their information is protected, whether staff receive HIPAA training, and what safeguards are in place to help prevent data breaches and unauthorized disclosures.
Private Right of Action
HIPAA itself does not provide individuals with a “private right of action,” meaning patients generally cannot sue a Covered Entity or Business Associate directly under HIPAA for a violation. Enforcement authority belongs to the U.S. Department of Health and Human Services Office for Civil Rights (OCR), which investigates complaints and may impose corrective actions, settlements, or civil monetary penalties.
Class Action Lawsuits
However, while patients may not sue “under HIPAA,” class action lawsuits are becoming more prevalent following healthcare data breaches or privacy incidents. Plaintiffs’ attorneys often use alleged HIPAA failures as evidence of negligence, inadequate security practices, breach of fiduciary duty, or violations of state consumer protection and privacy laws. In many cases, lawsuits focus on claims such as emotional distress, identity theft risk, financial harm, or failure to properly safeguard sensitive information. As healthcare breaches continue to increase and state privacy laws expand, organizations are facing growing litigation exposure even when OCR does not issue a HIPAA fine.
Protect Your Organization Before It’s Too Late
HIPAA compliance isn’t a one-time project. It’s an ongoing process. At Aris Medical Solutions, our HIPAA Keeper™ system simplifies compliance with a cloud-based platform that walks you through each requirement, step by step. From risk analysis to training and documentation, you’ll have everything you need to stay protected, compliant, and audit ready.
Protect your practice — and your patients.
Schedule your HIPAA compliance review today and protect your organization from the next enforcement headline.
