Letting responses to patient record requests fall to the bottom of your to-do pile could cost you. The HHS Office for Civil Rights made patients’ rights to access their medical records an agency priority in 2019, and a recent case shows OCR means business. On June 2, OCR announced its 19th settlement as part of its Right of Access Initiative. West Virginia-based Diabetes, Endocrinology & Lipidology Center Inc. settled potential Right of Access violations by agreeing to pay the feds $5,000. DELC also submitted to a two-year corrective action plan and OCR monitoring, a government release indicates.
How it started: After a parent filed a complaint concerning a request for a copy of her child’s medical records in August 2019, OCR opened an investigation. A potential HIPAA Right of Access violation was uncovered during the OCR’s investigation, and “DELC provided the requested records in May 2021, nearly two years after the parent’s request,” the release says. “It should not take a federal investigation before a HIPAA covered entity provides a parent with access to their child’s medical records,” cautions Acting OCR Director Robinsue Frohboese in a release on the settlement.