Once again, the Department of Health and Human Services proves that just because you’re a small practice, doesn’t mean you won’t get fined. The latest fine under the HIPAA Right of Access Initiative was issued to a sole practitioner mental health service provider. In December 2017, a personal representative (father) filed a complaint against David Mente, MA, LPC, after Mente failed to [...]
There was a time when getting a copy of your medical records was a hit-or-miss proposition. Depending on your health history and how your provider documented it, a complete medical file could be inches thick or just a few pages. The healthcare provider had much control over how much you would be permitted to access or if you could access it at all. [...]
With an October 6, 2022 deadline looming, a group of hospitals and medical associations is making a last-minute plea for HHS to delay the implementation of the 21st Century Cures Act Information Blocking Rule for one more year. Passed as part of the 21st Century Cures Act in 2016, the rule is intended to encourage innovation in medical research and expand patients' [...]
On Friday afternoon, July 15, 2022, the Department of Health and Human Services Office for Civil Rights announced 11 enforcement actions against healthcare providers across the country for alleged violations of the HIPAA Privacy Rule right of access provisions. Buried within the various resolutions and corrective action plans were notices of proposed determination and final determination for ACPM Podiatry Group Ltd. and [...]
Demonstrating their continued focus on right of access violations, the Department of Health and Human Services’ Office for Civil Rights (OCR) announced 11 settlements and one HIPAA fine for medical practices across a wide variety of specialties. An examination of the specifics of each incident cites several reasons by the covered entities for not providing the requested records, including: Complete failure to [...]
On November 30, 2021, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced the resolution of five HIPAA right of access investigations. OCR settled four right of access complaints, with providers in Ohio, Colorado, Oregon and North Carolina. OCR imposed a civil monetary penalty (CMP) on a fifth provider, a cardiologist in Long Island (New Hyde Park), New York. OCR imposed a penalty [...]
Since 2019, the Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) has brought a number of enforcement actions against healthcare providers for their failure to comply with the HIPAA Privacy Rule’s right of access standard. This standard requires providers to give patients timely access to their medical records. Recently, OCR announced its 19th settlement under its 2019 right [...]
In January of 2021, the Department of Health and Human Services (HHS) published a Notice of Proposed Rulemaking (Notice) to modify the HIPAA Privacy Rule. HHS has proposed to modify the Privacy Rule right of access provision by (among other measures) requiring providers, at an individual’s request, to mail or electronically transmit PHI to or through the individual’s personal health application (PHA). HHS seeks to define PHAs as [...]
In late March of 2021, the Department of Health and Services (HHS) Office for Civil Rights (OCR) settled with New Jersey-based Village Plastic Surgery (VPS) for a potential violation of the HIPAA right of access rule. The $30,000 settlement requires VPS to undergo a two-year corrective plan (CAP). The details of the settlement are discussed below. Village Plastic Surgery HIPAA Right of Access Rule Violation [...]
The Department of Health and Human Services’ (HHS) Office for Civil Rights recently announced its seventeenth settlement of an enforcement action under its HIPAA Right of Access Initiative. The Arbour, Inc., doing business as Arbour Hospital (Arbour), has agreed to pay $65,000 to settle a potential right of access standard violation. Arbor has also agreed to submit to a one-year corrective action plan (CAP). More details on the [...]
