OCR received a complaint from a patient in March 2019 alleging that RPMG failed to provide her with access to her medical records. Starting in February 2019, the patient issued several requests for her medical records but RPMG failed to provide her with a copy of her records. Upon receiving the complaint, OCR provided RPMG with technical assistance to comply with the right of access standard. However, in April 2019, OCR received a second complaint that RPMG had still not provided the patient access to her medical records.
After the second complaint, OCR conducted an investigation into the complaint and found that RPMG had violated the HIPAA right of access. Apparently RPMG was under the impression that since the records the patient requested included psychotherapy notes, they did not have to provide the patient access to her records.