What Is a HIPAA Violation in the Workplace? A Guide for Texas Employees and Employers
April 22, 2025
  • Evan Lange By Evan Lange
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What Is a HIPAA Violation in the Workplace? A Guide for Texas Employees and Employers

In today’s data-driven work environments, privacy matters more than ever—especially when it comes to medical information. That’s where HIPAA comes in.

But what is a HIPAA violation in the workplace? Who does it apply to, and what are the legal consequences when an employer or coworker crosses the line?

At The Lange Firm, we help employees and employers across Texas understand their rights and responsibilities under HIPAA, and we take action when those rights are violated. Whether you’re in healthcare or another field where personal information is shared, this guide explains what you need to know.

What Is HIPAA?

HIPAA stands for the Health Insurance Portability and Accountability Act of 1996. It’s a federal law that protects individuals’ medical records and personal health information (PHI).

HIPAA applies primarily to:

  • Healthcare providers (doctors, hospitals, clinics)

  • Health plans (insurance companies, HMOs)

  • Healthcare clearinghouses

  • Business associates that handle PHI for any of the above

While HIPAA was designed for the healthcare sector, some violations can happen in non-medical workplaces, especially when employers handle employee health information.

What Counts as a HIPAA Violation in the Workplace?

A HIPAA violation occurs when someone improperly accesses, uses, or discloses protected health information (PHI) without authorization.

Examples in the workplace include:

  • Sharing an employee’s medical condition with coworkers without consent

  • Disclosing an employee’s COVID-19 status or test results to others

  • Posting employee health information in public or shared files

  • Emailing PHI without proper encryption or security

  • Discussing an employee’s medical details in a public setting

  • Accessing medical records out of curiosity—not necessity

📌 Intent doesn’t matter—even accidental disclosures may violate HIPAA if not handled properly.

What Information Is Protected Under HIPAA?

HIPAA protects individually identifiable health information, which includes:

  • Medical diagnoses

  • Lab test results

  • Treatment history

  • Insurance information

  • Health-related notes in HR files

  • Names, Social Security numbers, or contact info linked to health data

If a workplace handles this type of information, it must take reasonable steps to protect it.

Does HIPAA Apply to All Employers?

Not always. HIPAA mainly applies to covered entities (like healthcare providers and insurers) and their business associates.

However, employers can still be affected when:

  • They sponsor group health plans

  • Their HR department handles FMLA or workers’ comp paperwork

  • They receive employee health information through wellness programs or ADA accommodations

  • They handle COVID-19 records or vaccination status

💡 Even if HIPAA doesn’t apply, other privacy laws, such as the Americans with Disabilities Act (ADA) or state confidentiality laws, may still protect employee medical information.

HIPAA Violations vs. Workplace Privacy Violations

It’s important to understand the distinction:

HIPAA Violation

Workplace Privacy Violation

Breach of health info by a covered entity

Sharing private info (like disability or leave details)

Regulated by federal HIPAA law

May fall under ADA, FMLA, or Texas privacy laws

Penalties include federal fines and jail time

May result in lawsuits or civil damages

The Lange Firm helps employees determine whether a HIPAA violation occurred—or whether another type of unlawful disclosure is at play.

What Should You Do If You Suspect a HIPAA Violation at Work?

If you think your private medical information was improperly shared at work:

✅ Document Everything

  • Who disclosed the information

  • What was shared

  • Who witnessed it

  • How it affected you (emotionally, professionally, financially)

✅ Report Internally

  • File a complaint with HR or your supervisor

  • If your employer is a healthcare provider or plan, notify their privacy officer

✅ File a HIPAA Complaint

  • Submit a formal complaint to the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR)

✅ Talk to an Attorney

  • If your privacy was violated, especially if you suffered retaliation or job loss, contact The Lange Firm. We can help you pursue justice.

Consequences of a HIPAA Violation

Penalties for HIPAA violations depend on the severity and intent. They include:

  • Civil fines ranging from $100 to $50,000 per violation

  • Criminal charges (for intentional misuse) with fines and jail time

  • Job termination for employees who commit the violation

  • Reputational damage to the employer or healthcare organization

Employees who suffer as a result of the violation may also file civil lawsuits if other legal protections were violated, such as ADA, FMLA, or wrongful termination laws.

How The Lange Firm Helps in HIPAA and Workplace Privacy Cases

At The Lange Firm, we help Texas employees and professionals:

  • Understand their workplace privacy rights

  • Identify whether a HIPAA or other legal violation occurred

  • File complaints or legal claims for privacy breaches

  • Challenge retaliation or job loss tied to privacy concerns

  • Recover damages for emotional distress, lost income, or career harm

📞 Contact us today if you believe your employer violated your medical privacy or mishandled your personal health information.

Final Thoughts

So, what is a HIPAA violation in the workplace? It’s more than just gossip or oversharing—it’s an illegal disclosure of private health information that could cost people their jobs, dignity, or even their legal rights.

✅ If your privacy has been violated, The Lange Firm can help you understand your rights, build your case, and take action—confidently and confidentially.

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