April 1, 2024
The U.S. Department of Health and Human Services (HHS) has imposed a civil monetary penalty of $100,000 on Hackensack Meridian Health West Caldwell Care Center, a skilled nursing facility in New Jersey. The facility violated the HIPAA Right of Access law. The penalty stems from the facility’s failure to provide a patient’s medical records to their authorized representative in a timely manner, or within 30 days.
According to the HHS Office for Civil Rights (OCR), which investigated the case, Hackensack Meridian Health withheld the records even after receiving documentation demonstrating the individual’s legal right to access them. The requested records were ultimately sent to the authorized representative only after intervention by the OCR.
HIPAA guarantees patients the right to access and obtain copies of their medical records. The OCR enforces this regulation and takes action against healthcare facilities that fail to comply.
“A patient’s timely access to health records is paramount for medical care,” said OCR Director Melanie Fontes Rainer in a press release. “The OCR will continue to vigorously enforce this essential right to ensure compliance by health care facilities across the country.”
This incident highlights the importance of HIPAA and the rights it grants patients regarding their medical information. It also serves as a reminder for healthcare providers to ensure they have clear procedures in place for handling requests for medical records.
This is also the second Right of Access violation ruled on in the last week. Read more about other recent fines here.