Florida Healthcare Defense Attorneys for Privacy & Security Matters
HIPAA violations and patient data breaches are serious legal matters that can lead to massive fines, license penalties, reputational damage, and even criminal charges. If your practice or organization is under investigation for a potential HIPAA violation or has experienced a data breach you need a knowledgeable healthcare defense attorney immediately.
At Di Pietro Partners, we represent physicians, clinics, hospitals, and healthcare businesses in Florida facing HIPAA audits, data breach investigations, and enforcement actions by the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), and state agencies. Our firm combines legal skill with medical insight to protect your license, reputation, and practice.
What Is Considered a HIPAA Violation?
A HIPAA violation occurs when a covered entity or business associate fails to comply with the privacy, security, or breach notification requirements outlined in the Health Insurance Portability and Accountability Act (HIPAA). Violations may involve:
- Unauthorized access or disclosure of protected health information (PHI)
- Failure to safeguard electronic health records (ePHI)
- Improper disposal of medical records
- Lack of employee HIPAA training
- Inadequate internal policies or technical safeguards
- Delay or failure in breach notification
- Sharing patient data without consent
Even accidental violations can trigger an investigation and lead to substantial penalties.
Common Triggers for Investigations
HIPAA investigations are often launched due to:
- Patient Complaints: Individuals can file complaints directly with HHS/OCR.
- Data Breaches: Any breach involving 500+ individuals must be reported to HHS and may be made public.
- Whistleblower Reports: Employees or vendors reporting internal violations.
- Media Exposure: Publicized breaches may prompt federal or state scrutiny.
- Audits or Compliance Reviews: OCR may audit your practice, especially if you’ve had past violations.
Penalties for HIPAA Violations
Penalties are categorized by level of intent and range from $100 to $50,000 per violation, up to $1.5 million per year for identical violations. Factors include:
- Whether the violation was intentional or due to negligence
- The number of individuals affected
- Efforts to correct or mitigate the issue
- Prior history of noncompliance
In severe cases, criminal charges may apply especially for intentional misuse of PHI.
HIPAA Data Breaches & Notification Rules
Under HIPAA’s Breach Notification Rule, covered entities must:
- Notify affected individuals within 60 days
- Notify HHS (immediately if breach affects 500+ individuals)
- Notify the media for large-scale breaches
- Document and retain investigation details
Failure to follow these procedures can lead to additional penalties – even if the breach itself was accidental.
Our Approach to HIPAA Defense
- Rapid Response: We immediately engage with regulators and assist with breach reporting, containment, and mitigation.
- Audit & Investigation Support: We represent clients in OCR interviews, data production, and official hearings.
- Policy & Training Remediation: We help correct systemic compliance failures and advise on internal protocols.
- Strategic Negotiation: In many cases, we negotiate reduced penalties or settlements through corrective action plans (CAPs).
- Reputation Protection: We manage public exposure and communication risks throughout the process.
Why Choose Di Pietro Partners
- Healthcare Law Experience: We specialize in healthcare defense not just general business or compliance.
- Medical Expertise On Staff: With a board-certified cardiologist on our team, we understand the real-world impact of privacy claims.
- Track Record with Government Investigations: We defend against HHS, OCR, AHCA, and DOH enforcement actions regularly.
- Proven Results: Our attorneys have helped physicians, clinics, and healthcare organizations resolve HIPAA issues efficiently and discreetly.
Frequently Asked Questions
Q. What should I do if I’ve had a data breach?
Secure the systems immediately, preserve relevant logs, notify affected parties if required, and contact a healthcare law attorney to ensure proper compliance and reporting.
Q. Is every HIPAA complaint investigated?
Not always, but serious or repeated complaints, or breaches affecting many individuals, typically trigger an OCR investigation or compliance review.
Q. Can I go to jail for a HIPAA violation?
In rare, intentional misuse cases, yes. Most violations are civil, but criminal penalties can apply for willful misuse of PHI for personal gain or harm.
Q. How can I reduce HIPAA penalties?
Taking immediate corrective actions, cooperating with investigators, and demonstrating a good faith effort to comply can reduce or eliminate penalties.
Q. Can employees be held liable for HIPAA violations?
Yes. Both the organization and the individual employee may face consequences depending on the nature of the violation.
Speak With a HIPAA Defense Lawyer Today
Don’t wait until it’s too late. If your practice is facing a HIPAA investigation, complaint, or audit or if you’ve suffered a data breach, contact Di Pietro Partners today. We’ll defend your rights, help restore compliance, and protect your future in healthcare.