The United States Office for Civil Rights (OCR) has taken action in five investigations in its Health Insurance Portability and Accountability Act of 1996 (HIPAA) Right of Access Initiative, bringing the total number of these enforcement actions to twenty-five since the initiative began. OCR created this initiative to support individuals' right to timely access their health records at a reasonable cost under the HIPAA Privacy Rule. HIPAA gives people the right to see and get copies of their health information from their health care providers and health plans. OCR has taken the following enforcement actions that underscore the importance and necessity of compliance with the HIPAA Right of Access:
- Advanced Spine & Pain Management (ASPM), which provides management and treatment of chronic pain services in Cincinnati and Springboro, Ohio, has agreed to take corrective actions that include two years of monitoring, and has paid OCR $32,150 to settle a potential violation of the HIPAA Privacy Rule's right of access standard.
- Denver Retina Center, a provider of ophthalmological services in Denver, CO, has agreed to take corrective actions that includes one year of monitoring and has paid OCR $30,000 to settle a potential violation of the HIPAA Privacy Rule's right of access standard.
- Dr. Robert Glaser, a cardiovascular disease and internal medicine doctor in New Hyde Park, NY, did not cooperate with OCR’s investigation or respond to OCR’s data requests after failing to provide a patient with a copy of their medical record. Dr. Glaser waived his right to a hearing and did not contest the findings of OCR’s Notice of Proposed Determination. Accordingly, OCR closed this case by issuing a civil money penalty of $100,000.
- Wake Health Medical Group, a provider of primary care and other health care services in Raleigh, NC, has agreed to take corrective actions and has paid OCR $10,000 to settle a potential violation of the HIPAA Privacy Rule's right of access standard.
Individuals who think their HIPAA rights have been violated have the right to file a complaint with OCR and may find more information on their rights under the Privacy Rule here.