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HIPAA → Challenges

HIPAA challenges: top roadblocks to compliance

The Health Insurance Portability and Accountability Act (HIPAA) affects thousands of companies around the U.S., including many that support health care providers instead of delivering care directly themselves.

Many organizations find HIPAA compliance challenging. The U.S. Department of Health and Human Services has found organizations non-compliant with HIPAA in 67 percent of its investigations, and large-scale breaches, such as at Anthem and Premera Blue Cross, have made headlines and clearly demonstrated the severity of the threat posed by hackers. 

The difference between the data handling practices of the compliant 33 percent and the non-compliant 67 percent frequently comes down to a single change or set of changes. In data collection, storage, and transmission, the details are important, and a small adjustment can be the difference between a hefty fine and a sterling reputation.

HealthITSecurity.com polled its readers about HIPAA compliance and audit challenges in 2016 and found that external data security threats are the top concern for 32 percent of healthcare IT professionals, slightly ahead of both employee training and evolving technology, each the top concern for 28 percent of respondents.

The Office of Civil Rights (OCR), which enforces HIPAA compliance for the Department of Health and Human Services, reviewed over 100 healthcare institutions in 2017 and found the vast majority struggling with information security risk planning, performing security risks analysis, providing patient’s access to their personal health information (PHI), as well as providing notifications of privacy practices and breach notifications. For small and medium-sized businesses, there are many potentially challenging requirements of HIPAA. Start with some of the most common issues, like those below, because one or more of them seem to apply to most HIPAA covered entities or business associates.

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HIPAA challenges

HIPAA challenges center on balancing patient privacy with operational efficiency, securing PHI across multiple systems, and ensuring staff and vendors follow strict compliance rules. Healthcare providers, payers, and business associates often struggle with technical safeguards, staff training, and evolving cyberthreats.

Common HIPAA challenges include improper disclosure of PHI, inadequate staff training, weak access controls, unsecured devices, and failure to conduct regular risk assessments.

Even small oversights, like mishandling records or failing to secure devices, can put an organization at risk of violations.

Top 10 HIPAA compliance concerns and challenges

Organizations face many compliance hurdles, but some come up more often than others. These are the ten most common HIPAA challenges:

HIPAA violation consequences

When organizations fail to comply with HIPAA, the consequences can be severe. Financial penalties range from thousands to millions of dollars, depending on the severity and frequency of violations. Beyond fines, organizations may face lawsuits, reputational damage, loss of patient trust, and even criminal charges for willful neglect.

For more details about specific types of violations and the four penalty tiers, see our dedicated article on HIPAA Violations →.

Addressing HIPAA challenges head-on

Compliance is possible with proactive planning and continuous improvement. Organizations can minimize risks by adopting these best practices:

Eliminate 7 HIPAA risks with 1 simple decision

This free guide breaks down seven critical risks and shows you how to eliminate them.

HIPAA compliant hosting challenges

When PHI is stored or transmitted through hosted environments such as web applications, databases, or patient portals, compliance becomes more complex. Organizations must ensure that every layer of hosting—servers, networks, and applications—meets HIPAA security requirements.

Common HIPAA hosting challenges include:

These challenges highlight why healthcare organizations often turn to HIPAA-compliant hosting providers that offer secure infrastructure, signed BAAs, and built-in compliance safeguards.

FAQs on HIPAA challenges

The biggest challenges include training staff to avoid mistakes, controlling access to PHI, and keeping up with evolving cybersecurity threats. Many organizations also struggle with ensuring compliance across multiple systems and vendors.

Exceptions allow PHI disclosure without patient authorization for treatment, payment, and healthcare operations; certain public interest and benefit activities (such as public health reporting); and limited use for research, law enforcement, and judicial proceedings.

Improper disclosure of PHI is the most common. This includes accidentally sending records to the wrong person, discussing patients in unsecured areas, or failing to safeguard data.

The three primary concerns are protecting patient privacy, ensuring the security of health information, and maintaining compliance through administrative, physical, and technical safeguards.

Additional resources

What is HIPAA-compliant hosting? →

A complete beginner’s guide

Scaling a compliant cloud →

How to scale up without compromising security

HIPAA guide for small business →

A complete resources for medical SMBs

Jerry Vasquez brings decades of leadership experience to his role as Product Manager at Liquid Web, focusing on networking and security products. When not working or sleeping, Jerry can usually be found eating and having a good conversation with good people.

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