No, the mere act of accessing PHI isn't a violation. I do it all the time. Not having a reason to access to PHI is a violation. These guys clearly have a reason to be accessing this information.
But hey if it makes you feel good to pretend like I don't know HIPAA when I'm the one working with it daily in a major research hospital system.
We are talking about unauthorized access.
No one is accusing people who are authorized, and have a valid reason to access the systems/data, of violating the law.
And you failed to answer to my question about a simple violation:
Nurse leaves your records in a public area, not under direct control. No one looks at it, but multiple people COULD have.
Did the nurse violate HIPAA rules?
Bringing that into the present:
You go in for Dr Appt. They bring you to a room and ask you to wait for doc. Computer in room is left unlocked, and patient record from previous visit is still open (auto-lock failed). HIPAA violation?
Hospital sends out a letter regarding your care. Except it gets stuffed in the same envelope as another patient's letter. It includes your full name and mailing address.
The letter is returned as undeliverable. HIPAA violation?
The last two actually happened to me.