Healthcare providers are financially incentivized to blow the whistle on HIPAA breaches, but many of the cases aren’t pursued according to a Medscape report.
Here are six things to know:
1. In 2013, the Department of Justice collected $3.8 billion under the False Claims Act; whistleblowers were responsible for $3 billion. There was $2.6 billion that came from healthcare entities.
2. Whistleblowers typically receive a percentage of the settlement, up to 15 percent. Physicians who blow the whistle collect a percentage of the government’s recovery plus attorney fees, according to the report.
3. The ACA expanded an individual’s ability to bring a claim with new protections against employer retaliation. There were 67 healthcare-related lawsuits unsealed recently.
4. Physicians have more opportunity to bring claims because they have access to meetings, discussion and medical knowledge to uncover wrongdoing. Physicians are also considered reliable experts. Around 85 percent of the recently-unsealed plaintiffs are current or former employees.
5. Healthcare providers or business partners have reported more than 1,140 large breaches, only 22 fines were levied for these transgressions. The Department of Health and Human Service’s Office for Civil Rights can fine organizations up to $1.5 million per violation.
6. The slow movement to fine for HIPAA is likely driven by lack of resources; less than 200 employees are working with a small budget to field complaints. There are more than 15,000 complaints of HIPAA violations.