One Patient Request, Years of Fallout: The Concentra Right of Access Case

December 22, 2025

Well, the Office for Civil Rights (OCR) is back, folks! 

After a historic government shutdown, the OCR has announced its first fine. 

The recipient of the latest fine is Concentra, Inc., a Texas-based enterprise healthcare provider. While this health organization might have numerous locations, the root of this federal fine and years of legal battles stems from one patient complaint to the OCR. 

With the 21st fine of the year, we’re taking it back to the basics: Patient Right of Access. 

What Happened? 

In February 2018, a patient requested a copy of their medical and billing records from Concentra’s Peoria, Arizona, location. While a Concentra employee forwarded the request to the billing office, the patient did not receive their medical records in a timely manner. The patient sent several requests throughout the year. 

In October 2018, Concentra’s Business Associate issued an invoice to the patient for $82.57 for the requested medical records. This amount was disputed. 

After months of back-and-forth with Concentra, in December 2018, the patient filed a complaint with the OCR regarding how the healthcare provider handled their record request.

Finally, in March 2019, over a year after the initial request, Concentra’s Business Associate provided the health records to the patient for an adjusted rate of $6.50. 

Providing the records was just the beginning for Concentra. In the summer of 2020, the OCR notified the healthcare provider that this case indicated noncompliance with the Privacy Rule and provided Concentra with the opportunity to submit mitigating evidence. 

Then, in 2021, the OCR proposed to levy a $250,000 penalty. After several more years of legal battles, the OCR settled this case in 2025 with a $112,500 settlement. 

Patient Right of Access 101

This lengthy chain of events highlights the importance of promptly and thoroughly addressing patient requests. 

Detailed in the Privacy Rule, patients have the right to access their health records within 30 days from the initial request, known as the Right of Access. This timely access empowers patients to make informed decisions about their healthcare.

This 30-day timeline applies on the federal level. Depending on the state, your practice may be required to comply with more stringent timelines, as seen in California. 

The 30-day timeline is firm, and a practice can only be granted an extension once, for an additional 30 days.

In addition to adhering to a 30-day timeline, the fees for copies of records must be reasonable and feasible. 

The acceptable fee for providing copies of documents is limited to the cost of labor for copying, supplies, postage, and any provided summary. Alternatively, your practice can charge a flat fee of not more than $6.50 instead of calculating these specific costs.

 

Keeping Your Practice Compliant (And Your Patients Happy)

While following the Right of Access might seem straightforward, it’s one of the most common HIPAA violations practices make. There have been 50+ HIPAA Right of Access enforcement actions levied by the OCR. 

With the right compliance program, you can ensure that your staff is aware of all requirements when handling patient requests. Clear policies and engaging training help you respond correctly, on time, and with confidence.

Ready to ensure your practice is HIPAA compliant? Schedule a consultation with one of our compliance experts today.

RECENT POSTS

Related posts

Dental Practice HIPAA Settlement
Abyde News, Fines, HIPAA

What Every Dental Practice Can Learn From the $140K Shen Smiles Settlement

October 9, 2026 No comments yet

October 9, 2026 The latest HIPAA settlement doesn’t involve a hospital system or a massive ransomware attack. It involves a practice that probably looks a lot like yours. Shen Smiles is a solo dental practice in Drums, Pennsylvania. It started with a former patient’s complaint about getting their health records. It led to a broader OCR investigation and a $140,000 settlement. The lesson? Every HIPAA-regulated organization, big or small, can face enforcement.   What happened? Under federal law, patients must be given access to their records within 30 days, with one possible 30-day extension if the patient is notified in writing within the first 30 days. In April 2020, a former patient’s attorney filed a complaint with the Office for Civil Rights (OCR). The complaint alleged that the patient had requested their records multiple times without receiving access. The public documents don’t say when the first request was made. OCR’s investigation went beyond the original complaint. According to the resolution agreement, OCR found that patient records weren’t properly maintained and that staff hadn’t received formal HIPAA Privacy Rule training. OCR also said the practice couldn’t produce evidence that it had HIPAA policies and procedures in place, including for patient access requests, or that it had reasonably safeguarded patient information. During the investigation, the practice stated that it couldn’t provide the records because a workforce member had stolen them. The public documents don’t address whether a breach assessment was done. As a general rule, though, HIPAA presumes that an impermissible acquisition, access, use, or disclosure of unsecured patient information is a breach. A breach can require notifying HHS and affected patients, including steps patients can take to protect themselves. These are baseline requirements every covered entity is expected to have in place. Policies and training give a team a HIPAA playbook. Without one, staff at any practice may not know what to do when a patient asks for records or records go missing. OCR proposed a $140,000 civil money penalty in July 2024. Shen Smiles requested a hearing before an administrative law judge, but the two sides reached a resolution agreement in August 2026, before the hearing took place. Under the agreement, the practice agreed to pay $140,000. The agreement is not an admission of liability.   The Takeaway for Practices Patient access has been an OCR priority for years through its HIPAA Right of Access Initiative, and this case marks its 56th Right of Access enforcement action. It also took more than six years from complaint to resolution. As this case shows, a single complaint can lead to a broader look at your compliance program. Now is the time to ask: Do we have written HIPAA policies our team can find? Do we have a process to answer every record request within 30 days? Can we prove every team member has completed HIPAA training? If any of those gave you pause, now’s the time to fix it, before OCR comes asking. Looking for the first step? Meet with one of our compliance experts to see where you currently stand. 

Ambry Phishing Settlement
Abyde News, Fines, HIPAA

$700K HIPAA Settlement: What the Ambry Genetics Phishing Breach Teaches Every Practice

September 21, 2026 No comments yet

September 21, 2026   The HHS Office for Civil Rights (OCR) has announced its biggest HIPAA settlement of the year, reaching nearly a million dollars.  Ambry, a genetic testing and clinical genomics provider based in Aliso Viejo, California is at the center of this enforcement. A settlement was reached over a 2020 phishing attack that exposed the Protected Health Information (PHI) of more than 225,000 individuals. This settlement is a clear reminder that even large organizations trip up on HIPAA requirements.    What happened In January 2020, an employee email account at Ambry was compromised through a phishing attack.  The breach potentially exposed a wide range of PHI, including names, addresses, dates of birth, Social Security Numbers, financial details, and more. Ambry reported the breach to OCR in March 2020, which kicked off the investigation.    Where OCR found gaps OCR’s investigation identified several HIPAA Security Rule gaps, including: No accurate, thorough risk analysis of risks and vulnerabilities to ePHI No process for cutting off access to ePHI when an employee left or no longer needed access No unique user IDs for tracking who was accessing ePHI systems These are baseline HIPAA requirements that every Covered Entity and Business Associate is expected to have in place.   The settlement terms Ambry paid $700,000 and agreed to a two-year corrective action plan, under which it must: Complete a thorough risk analysis of ePHI confidentiality, integrity, and availability Build and execute a risk management plan addressing what that analysis turns up Review and update Security Rule policies and procedures as needed Implement unique user identification across all ePHI systems Train the whole workforce on those updated policies The takeaway for practices When 90% of healthcare hacks start with a successful phishing attempt, it’s key your team is aware of the role they play to keep data safe. Every practice should ask; Do we know exactly where our ePHI lives and how it moves through our systems? Do we have a current, documented risk analysis? Would we catch it fast if a former employee’s access wasn’t revoked? Looking for the first step of addressing these gaps? Meet with one of our compliance experts to see where you currently stand. 

Azul Vision Right of Access
Abyde News, Fines, HIPAA

Right of Access Enforcement Hits Eye Care: Inside the Azul Vision Settlement

September 1, 2026 No comments yet

September 1, 2026   The Office for Civil Rights (OCR) announced its 55th settlement under the HIPAA Right of Access Initiative, and this one is a good reminder that “we’ll get to it” is an easy shortcut to a massive financial penalty.   What happened Azul Vision, Inc., a California optometry enterprise healthcare provider, took nearly two years to provide a patient her healthcare records failed to give a patient timely access to her health records. She requested her records in January 2023. She didn’t actually receive them until January 2025, or two years later, and only after OCR opened an investigation following her complaint in April 2023.   The importance of Right of Access The HIPAA Privacy Rule’s Right of Access is straightforward: patients are entitled to their healthcare records within 30 days of a request, with one possible 30-day extension if needed.    The cost Azul Vision agreed to a two-year, OCR-monitored corrective action plan and paid $50,000. The corrective action plan requires the practice to: Review and revise its written policies and procedures for Privacy Rule compliance.  Regularly report to HHS a log of every PHI access request it receives, including when it came in and when it was resolved, Train all workforce members on right of access requirements and the practice’s own procedures.   Practical takeaways Have a documented, assigned process for access requests: not an informal “someone will handle it” arrangement. Track every request against the 30-day (or extended 60-day) clock: If nothing is timestamping requests, nothing is catching the ones that slip. Train staff specifically on right of access: this is a distinct Privacy Rule obligation from general HIPAA awareness, and it’s clearly one OCR is actively enforcing.   The bottom line A single records request that went unanswered turned into a $50,000 penalty, two years of federal monitoring, and a detrimental hit to the organization’s reputation. That’s a steep price for what really comes down to a missing process. If your team can’t answer “what happens the moment a patient asks for their records?” right now, that’s the gap to close before your practice ends up as OCR’s next enforcement case. Want a streamlined way to close your compliance gaps? Meet with an Abyde expert today!