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If the employee is an educated health worker (such as a doctor, nurse, medical filing, medical billing agent, etc.) they should be trained in HIPAA laws during their schooling.

If the employee is in a job that did not require schooling (such as a pharmacy technician), they should be trained in HIPAA laws before they ever begin work at their new job, usually at the preliminary training that happens after the job is accepted.

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16y ago

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I am assuming the employee has been adequately trained. If this isn't the case, get the training right first. The employee must be sanctioned. Your Policies and Procedures manual should contain the nature of the sanctions. Minor, honest mistakes may require only a written warning added to the employee's record. Major, intentional or negligent violations would result in stiffer penalties. Repeated offenses probably should result in the employee's termination. Check out the HIPAA section on penalties for an idea of what the crafters of this law had in mind regarding what's a serious violation and what isn't. Roughly speaking, it goes from least to worst as follows: * Accidental mistake with no other inherent violation. * Violated training accidentally, and not for personal gain or spite. * Negligence -- failed to obtain/deliver proper training * Ignored law -- knew better but did it anyway. * Intent to harm. * Intent to defraud. While it's not come up in case law yet, the last two on the list carry some heavy penalties including jail time.