The practices that get fined are not criminal enterprises. They are dentists, therapists, and family physicians who assumed compliance was a one-time checkbox. They signed a BAA three years ago. They ran training once. They never looked at it again.
Then an employee leaves and nobody revokes their access. A front desk staffer texts a patient their lab results because it is faster than logging into the portal. A laptop gets stolen from a car and there is no encryption, no device management, and no incident response plan.
OCR does not distinguish between malice and negligence. The penalty structure treats a practice that never tried the same as one that tried and failed. The only defense is documented, ongoing, verifiable compliance — not a binder on a shelf, but a living system that proves you are doing the work every day.
The practices in the examples above are not outliers. They are the norm. HHS data shows that attacks on independent providers rose 6x since 2021, and the average healthcare breach now costs $9.8 million. For an independent practice, even a Tier 1 fine can mean the difference between staying open and closing permanently.