No Practice is Too Small to Face a HIPAA Fine

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 [...]

2023-07-24T16:03:11-04:00May 8th, 2023|

Can Patients Request Medical Records?

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. [...]

2023-07-25T15:40:20-04:00November 21st, 2022|

Another Delay Sought for Cures Act Information Blocking Rule

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' [...]

2023-07-26T10:35:48-04:00September 30th, 2022|

Did COVID Lead to a Lower HIPAA Fine?

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 [...]

2023-07-26T13:26:53-04:00August 19th, 2022|

11 HIPAA Right of Access Violations Brings $646,000 in Fines

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 [...]

2023-07-26T14:18:12-04:00July 18th, 2022|

OCR Settles 5 HIPAA Right of Access Complaints

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 [...]

2023-07-27T15:51:12-04:00December 3rd, 2021|

OCR Settles 19th HIPAA Right of Access Case

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 [...]

2023-07-28T13:14:06-04:00June 2nd, 2021|

OCR Fines Village Plastic Surgery for Stretching HIPAA Right of Access Rule

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 [...]

2023-07-28T13:54:41-04:00March 26th, 2021|

$65,000 Right of Access Violation Settlement

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 [...]

2023-07-28T13:58:16-04:00March 24th, 2021|

Sharp HealthCare Pays $70,000 to Settle Potential Right of Access Violation

In February of 2021, Sharp HealthCare, doing business as Sharp-Rees Stealy Medical Centers (SRMC), paid $70,000 to the Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) to settle a potential violation of the HIPAA Privacy Rule right of access standard. The Sharp settlement has become OCR’s sixteenth settlement under OCR’s right of access initiative. Under this initiative that began in 2019, OCR continues to [...]

2023-08-24T14:03:50-04:00February 12th, 2021|