Right of Access

American Medical Response HIPAA Fine
Fines, HIPAA

Your Medical Records, Your Right: AMR Learns Costly Lesson

August 6, 2024 Comments Off on Your Medical Records, Your Right: AMR Learns Costly Lesson

August 6, 2024 Did you know the Office for Civil Rights (OCR) has launched a new initiative to ensure proper compliance with patients’ Rights of Access? American Medical Response (AMR), a private ambulance company, has now felt the impact of these efforts, becoming the 49th entity to face a HIPAA Right of Access Enforcement Action. AMR was recently fined $115,200 for failing to provide a patient with their medical records in a timely fashion.  AMR’s mistake was brought to the attention of the OCR through a patient complaint. On October 31, 2018, the patient requested a copy of her medical records. Instead of receiving them within the allotted 30 days, this sparked the beginning of a long battle for her records.  In January 2019, the patient sent follow-up requests to both AMR and its Business Associate, Centrex. AMR responded to the request in March 2019, sending the patient an invoice and requiring payment before the records were provided.  During the ongoing battle for her medical records, she warned AMR she would report the organization to the OCR if her records were not provided. The patient filed a complaint in July 2019. Finally, the records were provided on November 5, 2019, over a year after the initial request.  What is Right of Access?  HIPAA’s Right of Access rule, which falls under the HIPAA Privacy Rule, allows patients to receive access to their medical records within 30 days with minimal or no charges. These charges can only include the costs of copying and mailing medical records. In some states, this 30-day requirement is shorter, like in California, which requires access to copies within 15 days.  This right empowers patients to make informed healthcare decisions, such as sharing their medical history with new providers. What should my practice do?  First, proper training is essential to ensure that staff understand the importance of providing patients with their records on time. Additionally, staff must understand and follow the procedures for securely sharing medical information with the patient. Ensuring staff is properly trained and aware of the resources available to them is vital to staying compliant.  You could be adding more stress to your plate if you still use a dusty binder to track and manage HIPAA compliance. Keeping track of training, documentation, and the constantly evolving regulations is a complex task that demands a modern approach. Intelligent software solutions can offer staff a centralized compliance hub with everything they need to know when navigating patient requests. To learn more about how smart compliance software solutions can protect your practice, schedule a consultation with an expert today. 

New Jersey Nursing Facility HIPAA Fine
Fines, HIPAA

HHS Cracks Down on New Jersey Nursing Facility for HIPAA Violation

April 1, 2024 Comments Off on HHS Cracks Down on New Jersey Nursing Facility for HIPAA Violation

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.

Phoenix Healthcare HIPAA Fine
Fines, HIPAA

Phoenix Healthcare Fine: Don’t be a Fool in Compliance

April 1, 2024 Comments Off on Phoenix Healthcare Fine: Don’t be a Fool in Compliance

April 1, 2024 Happy April Fools Day! We hope you’re enjoying the holiday with some lighthearted fun and pranks!  Now, HIPAA regulations are no laughing matter. HIPAA regulations are in place to protect patients’ information, making sure we all have the rights we deserve to keep our information safe.  Today, we’re talking about the latest HIPAA fine, given to a multi-location nursing care organization in Oklahoma, Phoenix Healthcare.  Phoenix Healthcare was fined 35 grand for violating the HIPAA Right of Access Rule, being the butt of the joke of this major fine.  Get buckled up, pranksters! We’re all in for some April Fools’ fun but don’t even think about messing with HIPAA. Patient privacy is no joke!  So, What Happened?  Well, what happened was unfortunately not a prank.  Phoenix Healthcare withheld someone’s health information for almost a year after an initial request was made.  The OCR was made aware of this not-so-funny situation by a caretaker trying to get the health information of her mother, a patient at the nursing home.  Like a joke that went on too long, Phoenix Healthcare eventually did send the information to the daughter. However, the HIPAA Right of Access Rule requires information to be shared within thirty days of a request. Some states, it’s even sooner, like California!  The daughter reported the HIPAA violation to the OCR, and at first, Phoenix Healthcare was ordered to pay a fine of 75,000! With an appeal, and an agreement that Phoenix Healthcare updates its HIPAA policies and procedures, and provides training, the fine was lowered to 35,000.  Whew! While Phoenix Healthcare is still on thin ice, they saved themselves a lot of money.  What can I learn from this?  Well, great question! First, HIPAA compliance is no joke. But don’t worry, no April Fool’s pranks here!  To stay ahead of the curve,  we can make sure your practice is up-to-date on all the HIPAA rules. That way, you can focus on the fun and leave the compliance worries to us. With Abyde, we make sure you Never Stress Over Compliance Again! The Abyde software offers a variety of features to simplify the compliance process. Yes, the words ‘simple’ and ‘compliance’ can be in the same sentence.  While this is a chore for Phoenix Healthcare, the Abyde software even includes dynamically generated policies and procedures, having HIPAA-compliant policies in seconds. The training is also covered, with our enjoyable training that somehow turns learning about HIPAA fun!  We promise you, this isn’t an April Fools trick, we actually make compliance easy. To learn more about how Abyde can help your practice, schedule a consultation, here. 

Optum Medical Care of New Jersey HIPAA Fine
Fines, HIPAA

HIPAA Fine Announced: OCR Cracks Down After Multiple HIPAA Complaints Over Patient Right of Access

January 5, 2024 Comments Off on HIPAA Fine Announced: OCR Cracks Down After Multiple HIPAA Complaints Over Patient Right of Access

January 5, 2024 Patients at Optum Medical Care in New Jersey and Connecticut had a frustrating experience: waiting months for their medical records. They requested their records, as guaranteed by the Health Insurance Portability and Accountability Act (HIPAA), but Optum dragged its feet for months, far beyond the 30-day legal limit. Fed up with the delays, several patients filed complaints with the Office for Civil Rights (OCR). The OCR investigated and found that Optum had indeed violated the law. As a consequence, Optum has been slapped with a $160,000 fine and ordered to implement a corrective action plan to speed up the record-sharing process. This case is a reminder of two important things: This case is also the 46th enforcement action taken by the OCR under its Right of Access Initiative, highlighting the importance of timely access to medical records for patients across the country. Abyde: Your Partner in HIPAA Compliance At Abyde, we recognize the stress practices undergo trying to stay in compliance. We remain committed to supporting practices in navigating the complexities of HIPAA compliance, with a specific emphasis on the importance of providing patients medical records within the allotted time frame. Contact Abyde today at info@abyde.com and set up a demo to see why Abyde is considered the pre-eminent HIPAA compliance solution.  

UnitedHealthcare Right of Access Fine
Fines, HIPAA

Sharing with the Right People is Caring – And It’s the Law: UnitedHealthcare’s $80,000 HIPAA Lesson

August 24, 2023 Comments Off on Sharing with the Right People is Caring – And It’s the Law: UnitedHealthcare’s $80,000 HIPAA Lesson

August 24, 2023 “Sharing is caring” – an age-old mantra. But in healthcare, it’s all about sharing information with the right people. The recent settlement between the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) and UnitedHealthcare Insurance Company (UHIC) serves as a compelling narrative for this. The Tale of a Delayed Share March 2021 saw a curveball thrown at UHIC when OCR flagged a concerning delay. An individual’s simple request for their medical records, made in January, wasn’t fulfilled until July. The tardiness wasn’t a first for UHIC – it was their third offense. UHIC’s oversight cost them $80,000, a commitment to make amends and a year under the OCR’s microscope. HIPAA makes it loud and clear: Patients have a fundamental right to timely access to their health information. Sharing Timely is Both Caring and Complying Melanie Fontes Rainer, the face of OCR, pointed out that delays aren’t just unkind – they’re unlawful regarding members’ health data. And the cost isn’t just monetary; reputations are at stake, too. Abyde’s Sharing Compass Navigating the maze of HIPAA compliance can be tricky, but Abyde’s HIPAA and OSHA Compliance Software offers a lifeline. Here’s what Abyde brings to the table:  Your Path to Smart Sharing UHIC’s story is a powerful reminder of the gravity of healthcare privacy laws. Instead of being the next UHIC, make “Sharing with the right people is caring – and the law” your motto. Let Abyde guide you in this endeavor. Kickstart your journey to guaranteed compliance. Set up a demo with Abyde now. Our mavens will craft a plan tailored to your organization, ensuring you comply and lead in this ever-evolving regulatory environment.

Pittsburgh HIPAA Violation
Fines, HIPAA

Healthcare Provider Pays $15,000 Due to HIPAA Violation

May 9, 2023 Comments Off on Healthcare Provider Pays $15,000 Due to HIPAA Violation

May 9, 2023 The United States Department of Health and Human Services, Office for Civil Rights (HHS), recently settled a case against the Office of David Mente, MA, LPC, for a violation of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. The healthcare provider, who offers psychological care in Pittsburgh, Pennsylvania, has agreed to pay $15,000 and enter into a Corrective Action Plan (CAP). HHS received a complaint in December 2017 alleging that David Mente, MA, LPC refused to provide individual access to their minor children’s protected health information. After receiving technical assistance from HHS, a second complaint was filed in May 2018 concerning the continued noncompliance with the Privacy Rule. HHS investigated and found that David Mente, MA, LPC failed to provide timely access to protected health information since April 6, 2018. The parties agreed to resolve the matter without further investigation or formal proceedings. David Mente, MA, LPC, will pay a resolution amount of $15,000 and comply with a CAP to address the violation. The healthcare provider does not admit liability, nor does HHS concede that there is no violation of the HIPAA Rules. This situation could have been prevented with the help of the Abyde HIPAA Compliance Software Solution. The software offers a comprehensive and user-friendly solution to help healthcare providers maintain HIPAA compliance by assessing risk, implementing required policies and procedures, and providing ongoing support. By utilizing Abyde, healthcare providers can ensure that they are meeting the Privacy, Security, and Breach Notification Rules requirements and avoid costly settlements like the one faced by David Mente, MA, LPC.

January 2023 HIPAA Fine
Fines, HIPAA

With the first settlement announcement of 2023, OCR selects…

January 4, 2023 Comments Off on With the first settlement announcement of 2023, OCR selects…

January 4, 2023 We didn’t even make it through the first week of the new year before we saw the first settlement announcement. Yesterday, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services announced a settlement with a Georgia full-service diagnostic lab. The potential violation marks the 43rd associated with the HIPAA Right of Access Initiative to date. This is now the third Right of Access settlement we have seen in the last month.  The initial complaint was first filed back in August of 2021 when a personal representative was unable to obtain a copy of her deceased father’s medical records. While the lab finally complied in February of 2022, it took seven months for the requester to receive the records. The HIPAA right of access provision requires that patients be able to access their health information in a timely manner, typically within 30 days.  The lab has agreed to pay $16,500 and implement a corrective action plan to resolve this investigation. The corrective action plan includes two years of OCR monitoring. OCR Director, Melanie Fontes Rainer, shared her thoughts, “Access to medical records, including lab results, empowers patients to better manage their health, communicate with their treatment teams, and adhere to their treatment plans. The HIPAA Privacy Rule gives individuals and personal representatives a right to timely access their medical records from all covered entities, including laboratories.” While we all have the same goal in common – to provide the best experience for our customers and patients – that doesn’t always equate to direct care. Ensuring that their needs and requests are met is essential to the overall experience. From the first time they Google you all the way to a request for records, you are making an impression. And whether it’s the first impression or the last, don’t you want it to be a good one?

Fines, HIPAA

A costly race against the clock

December 16, 2022 Comments Off on A costly race against the clock

December 16, 2022 On Thursday, the HHS Office for Civil Rights announced a settlement with a Florida primary care practice over a violation of the HIPAA Privacy Rule’s right of access provision. This marks the 42nd case under the Right of Access Initiative to date and the second settlement this week.  All the way back in mid-2019, a daughter, serving as personal representative, was attempting to retrieve her deceased father’s records. After multiple attempts, the practice failed to provide timely access. HIPAA’s right of access standard requires a covered entity to take action on an access request within 30 days of receipt. The practice exceeded that allotted time; the daughter received all requested records nearly five months after the initial request.  OCR Director, Melanie Fontes Rainer, stated, “The right of patients to access their health information is one of the cornerstones of HIPAA, and one that OCR takes seriously.”  The FL primary care practice has since paid its $20,000 fine to the OCR and is working to implement a Corrective Action Plan. The plan will be closely monitored over the next two years and includes updating, distributing, and training on all applicable policies and procedures.  In the age of immediacy, there is no exception when it comes to patient record requests. When a patient requests access to their records, prioritize their request. You have 30 days to take action or you could face not only an OCR investigation but a big fine – one we bet is not worth rearranging your priorities to put the patient first.

Dental Patient Right of Access
Audits, Fines, HIPAA

OCR Settles Three Cases with Dental Practices for Patient Right of Access under HIPAA

September 21, 2022 Comments Off on OCR Settles Three Cases with Dental Practices for Patient Right of Access under HIPAA

September 21, 2022 Boom! Pow! Bang! Three dental practices were sacked yesterday, resulting in nasty bruises and a loss of yards on the play. After heading into the locker room and studying some film, they recognized there were some lessons to be learned in the OCR’s HIPAA Right of Access playbook. The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced the completion of three investigations in its Health Insurance Portability and Accountability Act (HIPAA) Right of Access Initiative. The OCR’s HIPAA Right of Access Initiative started in 2019 to ensure patients receive their records in a timely and costly manner. With three actions in one day and a total of 20 just this year, we are seeing a 42% increase year over year in the enforcement of the Privacy Rule. The OCR’s effort has now raised the total to 41 Right of Access actions across the span of 3 years, setting a strong example for practices across the country on the importance of maintaining compliance. OCR Director, Melanie Fontes Rainer, states, “Patients have a fundamental right under HIPAA to receive their requested medical records, in most cases, within 30 days. I hope that these actions send the message of compliance so that patients do not have to file a complaint with OCR to have their medical records requests fulfilled.” Here is an instant replay of when three dental practices crossed the line of scrimmage:  The first dental practice had a delay of game penalty after failing to provide timely access to their former patient’s records. The former patient didn’t receive a complete copy of their records until October 2020, five months after they filed a complaint back in May 2020. This resulted in a $30,000 settlement and the implementation of a Corrective Action Plan. The second dental practice got a 15-yard penalty for not providing a patient with a copy of her records in a timely or costly manner. The practice refused to provide the records because the patient wouldn’t pay the $170 copying fee. That’s not a fair catch! After the OCR got involved, the dental practice had to cough up $80,000 in settlement and adopt a Corrective Action Plan. Maybe they should’ve read the HIPAA Rule book! The starting running back fumbled the ball when this practice failed to provide a mother and her son with copies of their PHI until after the play clock hit zero. After multiple requests and eight months of waiting, she finally got the medical records in her hands. The dental practice had to fork over $25,000 and implement a Corrective Action Plan. After watching the game footage, there is a clear solution here! Make sure your practice provides patients with timely and costly access to their medical records. Six dental practices have been sacked so far in 2022, which means we have already witnessed a 600% increase solely in the dental space compared to the 2021 season. That is not a statistic you can ignore! You could be next, so we encourage you to make sure you have the right compliance measures in place to avoid these large fines. Is your game plan ready?

OCR Announces Eleven HIPAA Right of Access Fines
Fines, HIPAA

OCR Announces Eleven More HIPAA Right of Access Settlements

July 18, 2022 Comments Off on OCR Announces Eleven More HIPAA Right of Access Settlements

July 18, 2022 Waking up every morning is an eye-opening experience. Do you know what else is an eye-opening experience? Waking up to see all of the enforcement investigations the OCR launched against practices like yours. The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced the completion of eleven investigations in its Health Insurance Portability and Accountability Act (HIPAA) Right of Access Initiative. Under the HIPAA Privacy Rule, the OCR launched this effort to assist individuals’ right to timely access to their health records at a reasonable cost. HIPAA provides individuals with the right to view and get copies of their health information from their healthcare providers and health plans. A HIPAA-regulated entity has 30 days after receiving a request to provide an individual or their representative with their records in a timely manner. OCR Director, Lisa J. Pino, states, “Health care organizations should take note that there are now 38 enforcement actions in our Right of Access Initiative and understand that OCR is serious about upholding the law and peoples’ fundamental right to timely access to their medical records.”  Practices are no longer sneaking under the radar! The Office for Civil Rights (OCR) just concluded its thirty-eighth enforcement action since the HIPAA Right of Access Initiative began in 2019. Totaling over $646,000 across eleven penalties, the announcement of the verdicts includes eleven cases. Here is a brief breakdown of a couple of the cases just released by HHS:  The first dental action includes a $5,000 settlement for failure to comply with the Right of Access provision stating covered entities must permit individuals to inspect and obtain a copy of their PHI. An eye care practice made the mistake of not providing a copy of a patient’s medical records until three days after the OCR investigated. Now that is crazy! To settle a potential violation of the HIPAA Privacy Rule right of access standard, the practice agreed to take corrective actions and pay $22,500. Something as simple as not giving your patients access to their data quickly enough can result in a huge fine! One not-for-profit health system learned the hard way by not responding timely enough to a complainant’s access request. This cost the health system a whopping $240,000!  So, whether it’s responding to a request or delivering that request on time, you need to make sure your practice is on point to avoid these heavy penalties. As we can see the queen bee (Lisa Pino) isn’t joking around on pushing the OCR’s  HIPAA Right of Access Initiative across practices, we encourage you to ensure you have the right HIPAA compliance measures in place. So what’s the holdup? For less than a scratch-off ticket a day you can save your practice from those sneaky fines and become friends with Abyde today!