Enforcement Scorecard

The HIPAA Information Access Rights Crackdown Continues

The face of federal HIPAA enforcement has changed in a subtle but significant way in the past 18 months. Historically, the focus has been all about keeping personal health information (PHI) private and secure. But now enforcement has broadened to include the part of the HIPAA Privacy Rule that requires labs and other providers to provide persons timely access to their PHI at a reasonable cost. As of September 2019, no provider had ever been fined for failing to meet their PHI access responsibilities. As of press time, nearly a dozen such fines have been imposed. And those numbers are growing literally every week. Here’s the latest rundown of settlements.

OCR Right of Access Initiative Settlements Scorecard

Provider Settlement Amount* Allegations
St. Joseph’s Hospital and Medical Center $160,000 Phoenix hospital refused to provide PHI to patient’s mother even though she was his legal representative
NY Spine Medicine $100,000 Neurology practice refuses patient’s multiple requests for copies of specific diagnostic films
Bayfront Hospital $85,000 Florida hospital didn’t provide expectant mother timely access to the PHI of her unborn child
Korunda Medical $85,000 After first refusing to provide it at all, Florida primary care and interventional pain management services provider sent patient’s PHI to third party in the wrong format and charged him excessive fees
Beth Israel Lahey Health Behavioral Services $70,000 Massachusetts provider ignored request of personal representative seeking access to her father’s PHI
Housing Works Inc. $38,000 New York City non-profit services provider refused patient’s request for a copy of his medical records
Riverside Psychiatric Medical Group $25,000 California medical group didn’t provide patient copy of her medical records despite repeated requests and OCR intervention
Dr. Rajendra Bhayani $15,000 NY physician didn’t provide patient her medical records even after OCR intervened and closed the complaint
All Inclusive Medical Services, Inc. $15,000 California multi-specialty family medicine clinic refused patient’s requests to inspect and receive a copy of her records
Wise Psychiatry, PC $10,000 Colorado psychiatric firm refused to provide personal representative access to his minor son’s medical record
King MD $3,500 Virginia psychiatric practice didn’t provide patient access to her medical records even after OCR intervened, provided technical assistance and closed the complaint

*In addition to the monetary settlement, each accused provider had to agree to implement a corrective action plan and allow the OCR to conduct close monitoring for one to two years


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