On September 10, 2021, the Department of Health and Human Services Office for Civil Rights (OCR) announced the issuance of another right of access fine. The OCR HIPAA investigation led to the twentieth right of access fine issued since the 2019 right of access enforcement initiative was announced.

Children’s Hospital & Medical Center OCR HIPAA Investigation

OCR HIPAA Investigation

In May 2020, the OCR received a complaint against Children’s Hospital & Medical Center (CHMC) after they failed to provide a parent with their minor child’s medical records. Although the parent made several requests for their child’s records, CHMC failed to provide all of the records requested, instead only partially complying with the request. After CHMC failed to meet the parent’s request after multiple follow-up requests, the parent filed a complaint with the OCR.

An OCR HIPAA investigation was launched to investigate the complaint, determining that CHMC failed to meet right of access requirements, mainly, failing to provide requested records within thirty days of the request, and not providing the full requested records. To settle potential HIPAA violations, CHMC agreed to pay an $80,000 fine, and undertake a corrective action plan, including one year of OCR monitoring.

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