Respiratory provider faces $240K HIPAA fine

A Florida-based respiratory care provider will pay $239,800 in penalties for violating the HIPAA Privacy Rule.

The Office of Civil Rights (OCR) began its investigtion when it received a complaint that a Lincare employee left behind documents containing the protected health information of 278 patients after moving to another home.

Lincare, based in Clearwater, Fla., claimed it didn't violate HIPAA because the protected health information was stolen by the individual who discovered it on the premises previously shared with the Lincare employee.

An administrative law judge rejected that argument and ruled in favor of the Office for Civil Rights (OCR), which is charged with enforcing the rule. OCR had asked the judge to approve the penalties, and the judge granted them on all issues, the agency announced on February 3.

"While OCR prefers to resolve issues through voluntary compliance, this case shows that we will take the steps necessary, including litigation, to obtain adequate remedies for violations of the HIPAA Rules," OCR Director Jocelyn Samuels, said in a press statement. "The decision in this case validates the findings of our investigation."

Lincare provides respiratory care, infusion therapy and medical equipment to in-home patients and operates more than 850 locations in 48 states.