HIPAA Rights Are Being Violated?

“Never go to a doctor whose office plants have died.”
— Erma Bombeck

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HIPAA Rights Are Being Violated?

Recently, Health Specialists of Central Florida Inc. (HSCF) settled a case with the HHS’ Office for Civil Rights, according to a recent article published by HIPAA Journal. HSCF had to pay $20,000 in financial penalties for violating HIPAA Right of Access regulations.

What is Right of Access?

Basically, Right of Access states that providers must provide copies of requested medical records within 30 days of submission. A 30-day extension may be applicable in certain situations, totaling 60 days maximum to produce the records. An initiative to enforce Right of Access was launched in the fall of 2019 by the OCR. Thus far, there have been 42 violations that required action, resulting in $2,423,650 in fines ranging from $3,500 to $240,000, depending on the case.

Tell Me About This Case

An investigation by the OCR took place due to a complaint from a woman who did not receive the requested medical documents. After the failed attempt to access her father’s medical records was made in writing on August 29, 2019, the OCR launched an investigation on November 22, 2019. HSCF provided an Authorization for Release of Medical Record Information, as well as a copy of the original Letters of Administration. The individual had to request the records multiple times and waited almost 5 months to receive the requested records. The woman finally received all the records on January 27, 2020.

How Is the OCR Handling This Violation?

The delay in providing the requested records was determined to be a violation of Right of Access by the OCR. HSCF had to pay $20,000 in financial penalties and undertake a corrective action plan by developing, implementing, and maintaining HIPAA Privacy Rule policies and procedures that support the Right to Access regulation. They must distribute the policies and procedures to the staff members and provide the staff with training on these procedures. Lastly, starting from the date of settlement, the OCR will monitor HSCF for two years. The OCR’s director, Melanie Fontes Rainer, stated while speaking about this settlement, “The right of patients to access their health information is one of the cornerstones of HIPAA, and one that OCR takes seriously. We will continue to ensure that healthcare providers and health plans take this right seriously and follow the law”… “Today’s announcement speaks to the importance of accessing information and regulated entities taking steps to implement procedures and workforce training to ensure that they are doing all they can to help patients access.”

There has been a recent push to ensure that individuals can access their medical records promptly. Covered entities have struggled to meet the time limit required by Right of Access, resulting in patients often being unable to access their records promptly. Covered entities need to figure out how they will achieve this as the OCR is looking to shorten the allotted time frame when HIPAA finally makes its upcoming updates.

Diamond of the Week

The FDA💎

The FDA has made major steps in giving equal right to all who want to donate blood. After a restriction that dates back 40 years the restrictions for gay and bisexual men have been eased. The new regulations ask all candidates the same questions to determine if one is qualified to donate blood. Blood donations have been screened for HIV for many years now, making the tighter restriction for gay and bisexual mem unjust. To learn more about the new groundbreaking regulations, and the 40 year battle which it took, click here.

Who’s the WOAT

Ottumwa Regional Health Center 😡

Ottumwa Regional Health Center, which is a part of Lifepoint Health Inc. is under investigation after an employee assaulted at least 9 female patients between 2021 and 2022. The incidents came to light after said employee Devin Caraccio passed away. After the death of Mr. Caraccio, evidence of the assaults was found on his phone by the police, and now the Senator Chuck Grassley is calling for answers. Find out further details here.

Who Knew

The misconception: A private right of action is created by HIPAA.

False! Only the HHS can sue a physician. They also are the only entity that can impose monetary fines and prison sentences. A patient cannot sight HIPAA as a cause for suing their practitioner. Although some have tried to cite HIPAA currently only the government can. In the future HIPAA may affect the standards that give patients cause of action, but currently, this is not the case.

A Round of Applause For…

Pamela Coley has joined Carosh as the new VP of Operations and the Value-Added Resellers Program👏

Pamela Coley has over 20 years of consulting experience, and she has worked with many notable companies including Blue Cross Blue Shield, Kellogg, and Health iPASS on their operations. Welcome Pamela, Carosh is excited to have you! To read the full press release click here.