In December 2017, a personal representative (father) filed a complaint against David Mente, MA, LPC, after Mente failed to provide him with the medical records of his three minor children. The Office for Civil Rights (OCR) provided technical assistance to the health provider and closed the incident. However, in April 2018, the father still had not received the requested records, so he filed a second complaint.
After launching an investigation, OCR determined that Mente potentially violated HIPAA, announcing on May 8, 2023, that it settled with Mente for $15,000. The settlement also requires Mente to meet the access request and implement a corrective action plan (CAP).
“Under HIPAA, parents, as the personal representatives of their minor children, generally have a right to access their children’s medical records,” said OCR Director Melanie Fontes Rainer. “It should not take an individual or their parent representative nearly six years and multiple complaints to gain access to patient records. HIPAA regulated entities should be proactive and work to ensure patients and their representatives can access records.”