OCR Settles Another Right-of-Access Initiative Case

Robinson+Cole Data Privacy + Security Insider
Contact

The Office for Civil Rights (OCR) issued a press release on November 12, 2020, announcing that it had settled its eleventh enforcement action in its HIPAA Right-of-Access Initiative. The settlement with Dr. Rajendra Bhayani, an otolaryngologist (ENT) practicing in Regal Park, New York, included a payment of $15,000, a corrective action plan and two years of monitoring by the OCR.

The facts behind the case are these: In September 2018, the OCR received a complaint from a patient alleging that Dr. Bhayani failed to provide her with access to her medical records after she requested them in July 2018. Following the complaint, the OCR provided technical assistance to Dr. Bhayani regarding compliance with the right-of-access requirements and closed the case. Similar to other recent settlements with the OCR, the patient lodged a second complaint, alleging that Dr. Bhayani still had not provided her with access to her records, and as a result of re-opening the file, the OCR “determined that Dr. Bhayani’s failure to provide the requested medical records was a potential violation of the HIPAA right of access standard.” Following the investigation, the patient received a copy of her medical records in September 2020.

According to OCR Director Roger Severino, “Doctor’s offices, large and small, must provide patients their medical records in a timely fashion. We will continue to prioritize HIPAA Right of Access cases for enforcement until providers get the message.”

Providers, the message is clear: carefully follow HIPAA’s right-of-access requirements.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Robinson+Cole Data Privacy + Security Insider | Attorney Advertising

Written by:

Robinson+Cole Data Privacy + Security Insider
Contact
more
less

Robinson+Cole Data Privacy + Security Insider on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.