HHS Office of Civil Rights settles HIPAA access investigation with $20K settlement

Photo: Pichsakul Promrungsee EyeEm/Getty Images

The Office for Civil Rights at the U.S. Department of Health and Human Services has announced a $20,000 settlement with Health Specialists of Central Florida, a provider in Florida that provides primary care, concerning a potential violation of the Health Insurance Portability and Accountability Act Privacy Rule’s right of access provision.

The rule requires that patients be able to access their health information in a timely manner.

In August 2019, a complaint was filed by a daughter acting as a personal representative on behalf of her deceased father, who had been a patient of Health Specialists of Central Florida. The complainant alleged that Health Specialists had failed to provide her with timely access to the requested medical records, despite multiple requests.

OCR’s investigation determined that Health Specialists’ failure to provide timely access to the requested medical records was a potential violation of the HIPAA right of access standard, which requires a covered entity to take action on an access request within 30 days of receipt – or within 60 days if an extension is applicable. 

WHAT’S THE IMPACT

In addition to the monetary settlement, Health Specialists of Central Florida Inc. will undertake a corrective action plan that includes two years of monitoring.

As a result of OCR’s investigation, the daughter finally received all of the requested records, nearly five months after her initial request.

THE LARGER TREND

OCR has been active in recent months. Earlier this year, it issued guidance to healthcare providers on civil rights protections for people with disabilities. The guidance made clear that in light of the continuing public health emergency, when resources can be scarce, it’s vital that those with disabilities are not prevented from receiving needed healthcare benefits and services, as this violates federal civil rights laws.

HHS Secretary Xavier Becerra said the COVID-19 pandemic has highlighted disparities in the U.S. healthcare system and that people with disabilities should not be discriminated against in crisis situations.

Then in October, OCR investigated whether pharmacies are not filling prescriptions that could induce a miscarriage, even if the patient is not pregnant.

Becerra tweeted at the time that HHS had received complaints about chain pharmacies not fulfilling such prescriptions since the Supreme Court overturned the right to an abortion in Roe v. Wade and Dobbs v. Jackson Women’s Health Organization.

OCR has said that discrimination against pregnant people on the basis of their pregnancy or related conditions is a form of sex discrimination.

ON THE RECORD

“The right of patients to access their health information is one of the cornerstones of HIPAA, and one that OCR takes seriously,” said OCR Director Melanie Fontes Rainer. “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 i procedures and workforce training to ensure that they are doing all they can to help patients access.”
 

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