HIPAA Right of Access

HIPAA To Access Initiative is Alive &amp Well

In 2019 we observed work for Civil Legal rights (OCR) allow it to be public that they are likely to up their efforts if this found enforcing the legal rights of the individual to gain access to their own health records.  This is whats called the HIPAA To Access initiative.  As the global pandemic did throw a curveball to anything planned, a current announcement of 5 cases being resolved gives confirmation that although things might not have gone entirely as planned, the HIPAA To Access initiative ongoing.

The initiative was produced to aid a patient’s to cost and time-effective use of their own health records.  This really is obviously essential for various reasons for a person to keep their well-being, but that aside, it’s the law.

What Went Down?

The 5 settlements which were announced now centered on enforcing the HIPAA To Access and incorporated a civil financial payment.  Advanced Spine &amp Discomfort Management (ASPM) needed to pay $32,150 and accept 2 yrs of monitoring that belongs to an organized Corrective Plan Of Action (CAP).  This is actually the consequence of a person alleging that ASPM didn’t supply him with together with his protected health information (PHI) on time after requesting it on paper on November 25, 2019.  They did supply the PHI – although not until March 19, 2020.

Denver Retina Center (DRC) needed to pay $30,000 and make use of a CAP which includes twelve months of monitoring.  It was a direct result someone requesting her records in December of 2018 although not receiving them until This summer 26, 2019, per FedEx records.  An earlier complaint have been filed in March of 2018 with technical the help of HHS to DRC, it had been initially resolved.  However, the resolution was temporary like a further analysis (following the subsequent complaints) brought to HHS concluding the provider was without compliant access procedures as needed underneath the HIPAA Privacy Rule.

Rainrock Treatment Facility (dba Monte Nido Rainrock) in Springfield Or needed to pay $160,000 and take corrective action once they overlooked repeated demands from the patient in 2019.  The records were received in March of 2020, only after three separate complaints have been filed with HHS.  The needed CAP will address their right of access procedures and policies which should be revised.

Dr. Robert Glaser is really a coronary disease and internal medicine physician in New Hyde Park, New You are able to.  OCR found him to become uncooperative and unresponsive for their data demands and that he now faces a $100,000 civil financial penalty.  Someone requested several occasions by verbal and written demands to acquire their medical records for 2013 and 2014.  A complaint was filed in 2017 using the HHS following in instructions for Glaser to supply the data.  In 2018 following the request was still being not satisfied, the individual filed another complaint and also the OCR adopted up, and Glaser was nonresponsive.

Following a patient request in June of 2019 (plus a $25 fee) remained unfulfilled, Wake Health Medical Group continues to be issued an excellent of $10,000 and needs to endure a CAP to stay a possible HIPAA breach.  As reported by the latest updates, the individual has still not received the requested medical records.

All these differs fines and corrective plan of action terms, but they’re all a direct result a healthcare entity not putting priority around the patient&#8217s request their information.  You’ll also notice that they’re recognized as “potential” violations since these cases are thought settlements, without the parties acknowledging to wrongdoing.

There are lots of myths round the HIPAA Right of Access, but it’s vital that you realize that this initiative isn’t disappearing, and OCR continues its enforcement efforts continuing to move forward. Have questions around HIPAA Right of Access or searching to coach your employees to make sure everybody understands this requirement capable to comply? HIPAA Secure Can now help. Call us today.

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