Earlier this year, the Department of Health and Human Services Office for Civil Rights (OCR) announced its desire to improve Health Insurance Portability and Accountability Act (HIPAA) right of access failures, including untimely responses to access requests and overcharging for copies of medical records. Right of access allows patients to request copies of their medical records. Covered Entities are required to oblige within certain time parameters, but are permitted to charge a reasonable fee for producing requested records to account for additional time and resources, subject to state limitations. Pursuant to Federal regulations, Covered Entities that charge excessive costs or fail to provide copies within a specified period of time may be in violation of the HIPAA Privacy Rule and subject to financial penalties.
Last week, OCR announced its first settlement in the Right of Access Initiative with a 480-bed hospital affiliated with more than 550 physicians. The medical record requestor filed a complaint with OCR alleging that the hospital failed to provide fetal heart monitor records for over nine months. As part of the hospital’s resolution agreement with OCR, it has agreed to pay $85,000.00 and has adopted a corrective action plan that includes one year of monitoring by OCR.
OCR’s Right of Access settlement reinforces its initiative to aggressively enforce the Health Insurance Portability and Accountability Act. Providers must comply with patients’ Right of Access and must be aware of applicable state law limiting the fees that may be changed for providing requested medical records.
Physicians, hospitals, pharmacies, ambulatory surgery centers and all other providers that are Covered Entities should have robust policies in place regarding patients’ Right to Access medical records, including mechanisms to timely provide records and to collect a reasonable fee. Attorneys at Frier Levitt are experienced in all aspects of HIPAA and can assist with development of policies and procedures, risk assessments, and HIPAA Breach response and reporting. Contact Frier Levitt today with any HIPAA related questions, matters, or concerns.
