March 20, 2025   HIPAA is often misunderstood as only addressing the security of medical information. However, it encompasses more than that. The Health Insurance Portability & Accountability Act also defines how medical information must be shared with patients through the Privacy Rule. This highlights another key responsibility healthcare providers must be accountable for.  Alongside the Security Rule and the Breach Notification Rule, the Privacy Rule provides patients additional rights regarding how their medical records are handled.  The Privacy Rule created the Right of Access, requiring practices to provide patients with their medical records in a timely manner.  With the latest fine for HIPAA being a Right of Access violation, it’s vital for practices to be aware of this requirement and how it pertains to the care they provide.    What is Right of Access? Right of Access gives practices 30 days to fulfill a patient’s request for their records. In some situations, these thirty days can be extended to an additional 30 days, but that is the longest period of time allowed to provide a patient with their records.  This is a federal requirement, but the timeline could be even shorter depending on where the practice is located. For instance, if the practice is in California, staff must provide patients with medical records within 15 days.  Your practice can charge for medical records, but it needs to be reasonable. The Office for Civil Rights (OCR) defines this as the average cost of supplies, limited labor, and postage when providing medical records to a patient.  However, instead of calculating this cost, the OCR also suggested a flat fee not to exceed $6.50 when handling electronic records. Once again, other guidance can be levied on the state level, like California’s cap on the cost of medical records at 25¢ a page plus a reasonable clerical fee.  From the moment a practice receives a request, it must be addressed quickly. Staying on top of these requests is crucial for staying compliant and maintaining patient satisfaction.    How to Stay Compliant While this might seem simple, many practices have been fined in the past for violating this right of patients. In 2024 alone, Right of Access fines accounted for nearly $500,000. The OCR introduced a Right of Access Initiative to ensure that these patient requests are taken seriously. Many of these investigations and fines stem from patient complaints, showing the importance of complying with this HIPAA component.  Utilizing smart software solutions can assist your team in ensuring that all staff members are aware of their responsibilities when handling PHI, including the responsibility to address patient requests quickly. This empowers your team to take accountability and keep patients happy.  To learn more about how to comply with HIPAA Right of Access legislation, meet with our team of compliance experts today.