DELC HIPAA Right of Access Case
DELC’s solo physician practice in Martinsburg, West Virginia, treats adults and children who suffer from hormonal imbalances. On July 8, 2019, the parent of a DELC patient requested a copy of her minor child’s medical information. The parent did not receive the information, and on August 6, 2019, filed an OCR complaint claiming DELC did not take timely action in response to the request.
In October of 2019, OCR notified DELC of OCR’s investigation of DELC’s noncompliance with the right of access standard. Upon completion of the investigation, OCR determined that DELC’s failure to provide timely access to the records was a potential HIPAA violation. As a result of the investigation, DELC finally provided the requested records in May of 2021 – nearly two years after the initial request.
DELC settled the complaint by agreeing to pay OCR $5,000, and to submit to a two-year corrective action plan (CAP), in lieu of OCR imposing a civil monetary penalty.