Florida Primary Care Provider Fined $20,000 for HIPAA Right of Access Violation
The Orlando, FL-based primary care provider, Health Specialists of Central Florida Inc. (HSCF), has paid a $20,000 financial penalty to settle a HIPAA Right of Access case with the HHS’ Office for Civil Rights.
OCR launched an investigation in response to a November 22, 2019, complaint from a woman who had not been provided with a copy of her deceased father’s medical records. The initial request was made in writing on August 29, 2019, and an Authorization for Release of Medical Record Information form was provided to HSCF along with a copy of the original Letters of Administration. It took multiple requests and almost 5 months for all of the requested medical records to be provided. The complete set of records was received by the woman on January 27, 2020.
The HIPAA Right of Access requires healthcare providers to provide a copy of the requested medical records within 30 days of the request being submitted. In certain circumstances, a 30-day extension is applicable. OCR determined that the delay in providing the requested records was a violation of the HIPAA Right of Access. In addition to paying a $20,000 financial penalty, HSCF has agreed to undertake a corrective action plan, which involves developing, implementing, and maintaining HIPAA Privacy Rule policies and procedures concerning the HIPAA Right of Access, distributing those policies and procedures to staff members, and providing training on those policies and procedures. HSCF will also be monitored by OCR for a period of two years from the date of the 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 health care providers and health plans take this right seriously and follow the law,” said OCR Director, Melanie Fontes Rainer, announcing the settlement. “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.”
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The HIPAA Right of Access enforcement initiative was launched by OCR in the fall of 2019. Since then, $2,423,650 has been paid by healthcare providers to resolve HIPAA Right of Access violations in 42 enforcement actions. The fines range from $3,500 to $240,000.
