New Administration Continues OCR HIPAA Right of Access Initiative
Although the Biden administration has signaled its intention to revisit just about every healthcare regulatory initiative of its predecessor, one enforcement undertaking seems to be continuing seamlessly with no interruption: The HHS Office for Civil Rights (OCR) campaign to ensure providers recognize patients’ HIPAA access rights. The HIPAA Right of Access Initiative Historically, OCR enforcement of the HIPAA Privacy Rule has focused on unlawful collection, use and disclosure and provider efforts to keep personal health information (PHI) private and secure. But in April 2019, the agency announced that it was broadening its scope to include the part of the HIPAA Privacy Rule that requires labs and other providers to provide persons timely access to their PHI at a reasonable cost. Less than six months later, the OCR handed down its first ever fine to a provider for failing to comply with its right of access obligations. By the time the Trump administration left town, the agency had dished out no fewer than 14 such penalties, the final one at a record-high of $200,000. And, as expected, there would be more to come. Fines number 15 and 16 were announced in early February. To be fair, the latest fines represent the […]
Provider | Settlement Amount* | Allegations |
Banner Health ACE | $200,000 | OCR cites two occasions in which Phoenix-based not-for-profit health system took about 6 months to provide patients their requested PHI |
St. Joseph’s Hospital and Medical Center | $160,000 | Phoenix hospital refused to provide PHI to patient’s mother even though she was his legal representative |
NY Spine Medicine | $100,000 | Neurology practice refuses patient’s multiple requests for copies of specific diagnostic films |
Bayfront Hospital | $85,000 | Florida hospital didn’t provide expectant mother timely access to the PHI of her unborn child |
Korunda Medical | $85,000 | After first refusing to provide it at all, Florida primary care and interventional pain management services provider sent patient’s PHI to third party in the wrong format and charged him excessive fees |
Renown Health, P.C. | $75,000 | Nevada private, not-for-profit health system didn’t timely honor patient’s request to transfer her EHR and billing records to a third party |
Sharp Rees-Stealy Medical Centers | $70,000 | California hospital and healthcare network didn’t timely honor request to transfer patient’s EHR to a third party |
Beth Israel Lahey Health Behavioral Services | $70,000 | Massachusetts provider ignored request of personal representative seeking access to her father’s PHI |
University of Cincinnati Medical Center, LLC | $65,000 | Ohio academic medical center failed to respond to patient’s request to send an electronic copy of her medical records maintained in its electronic health record EHR to her lawyers |
Housing Works Inc. | $38,000 | New York City non-profit services provider refused patient’s request for a copy of his medical records |
Peter Wrobel, M.D., P.C., dba Elite Primary Care | $36,000 | Georgia primary care practice failed to provide patient access to his medical records |
Riverside Psychiatric Medical Group | $25,000 | California medical group didn’t provide patient copy of her medical records despite repeated requests and OCR intervention |
Dr. Rajendra Bhayani | $15,000 | NY physician didn’t provide patient her medical records even after OCR intervened and closed the complaint |
All Inclusive Medical Services, Inc. | $15,000 | California multi-specialty family medicine clinic refused patient’s requests to inspect and receive a copy of her records |
Wise Psychiatry, PC | $10,000 | Colorado psychiatric firm refused to provide personal representative access to his minor son’s medical record |
King MD | $3,500 | Virginia psychiatric practice didn’t provide patient access to her medical records even after OCR intervened, provided technical assistance and closed the complaint |
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