OCR Settles Ninth HIPAA Right of Access Investigation

October 9, 2020

The OCR has proven they keep their promises (unlike that former friend we all know), taking only two days to fulfill their recent pledge of continued right of access enforcement and announcing yet another HIPAA fine. For those of you counting, that’s 7 right of access fines in less than a month – so take the hint, and pay attention to what your practice should be doing when it comes to patient right of access.

This time, the fine goes to NY Spine Medicine (NY Spine), a New York based neurology and pain management medical practice, who was hit with a $100,000 fine and two year corrective action plan for failing to provide records to a patient in 2019. After making multiple requests beginning in June 2019, NY Spine failed to provide diagnostic film records to a patient, only providing the records in October 2020 after OCR investigation. Important to note about this case is that NY Spine did provide some records to the patient, but not the ones she had actually requested – making this still a right of access violation. 

As OCR Director Roger Severino put it, “no one should have to wait over a year to get copies of their medical records. HIPAA entitles patients to timely access to their records and we will continue our stepped up enforcement of the right of access until covered entities get the message.” 

If you’re a covered entity of any kind, now would be the right time to say ’message received’. If the OCR’s words aren’t enough, take a look at the stats:

  • 60% of this year’s fines have to do with right of access violations (7/12 total fines thus far)
  • Since announcing their right of access initiative in 2019, the OCR has now collected $566,500 in right of access fines
  • Fines have ranged from $3,500 to $160,000
  • All 7 of this year’s right of access fines were settled in the past month

If you need a refresher, read up on the five right of access fines announced in September or this Wednesday’s $160,000 right of access fine. 

What should your practice be doing right now? First, don’t panic. Second, if you think you might not be up to snuff on patient right of access, we have the inside scoop on how to get compliant and update your policies and know-how (wink wink). Just sign up for an educational webinar to learn what steps you can take right away to prevent being the next enforcement victim. 

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