OCR Announces Another Batch of “Right of Access” Settlements

On July 15, 2022, the U.S. Department of Health & Human Services (DHHS), Office for Civil Rights (OCR) announced settlements in eleven investigations relating to alleged violations of the HIPAA “right of access.” In summary, HIPAA gives to individuals the right to access their health care records, including the right to inspect such records and the right to timely receive copies of their records (or direct copies to another person). OCR announced, “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.” The actions included varying allegations about the failure or refusal of health care providers to provide patients with copies of their medical records within the timeframes required by HIPAA. The settlements included corrective action plans and financial penalties ranging from$3,500 to $240,000.

For more information on recognized security practices or for assistance with your HIPAA privacy and security program, contact:
Lani M. Dornfeld, CHPC | 973.403.3136 | ldornfeld@bracheichler.com
Carol Grelecki | 973.403.3140 | cgrelecki@bracheichler.com
Vanessa Coleman | 973.364.5208 | vcoleman@bracheichler.com