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On November 30th, 2021 the Office for Civil Rights (OCR) announced another record-breaking five HIPAA settlements in one day. This brings their total number of patient access fines to 25!
- Advanced Spring & Pain Management (ASPM) - $32,150 Fine
- Denver Retina Center - $30,000 Fine
- Dr. Robert Glaser - $100,000 Fine
- Rainrock Treatment Center - $160,000 Fine
- Wake Health Medical Group - $10,000 Fine
In the last 2 years, the OCR has taken 25 enforcement actions to protect patients' rights of access. These settlements show that it is time for hospitals and healthcare organizations across America to start taking these issues seriously!
Lisa J. Pino - Director, Office for Civil Rights (OCR)
“Timely access to your health records is a powerful tool in staying healthy, patient privacy and it is your right under law,” said OCR Director Lisa J. Pino. “OCR will continue its enforcement actions by holding covered entities responsible for their HIPAA compliance and pursue civil money penalties for violations that are not addressed.”
5 takeaways from the latest HIPAA settlements
The OCR's fines and corrective action plans had one main theme in common - not supplying patient's a copy of requested medical records in a timely fashion. The other key item from the actions taken is that these weren't large multi-million dollar penalties based on data breaches occurring; instead, they ranged anywhere between $10,000 to $160,000 with each being determined by complaints made by patients against their healthcare provider(s).
LESSONS LEARNED:
- Patients Have the Right to file a Complaint - The Department of Health and Human Services received many complaints from patients regarding their rights to access health records. As a result, OCR opened an investigation into the matter which found that there were violations in complying with Patient's Right-of-Access under HIPAA law
The common theme for these fines was they were based on patient complaints; once this happened it wasn't long before investigations took place leading up too much larger damages than would've occurred otherwise - Missing the Timelines - The HIPAA patient's access requirement is very clear, an organization has 30 days from the day of receipt of the request without any delay to respond and provide the records to the request. The organizations that received the HIPAA Fine did not respond in the defined timeframe
- Incorrect Reasons for Denial - Under the HIPAA Patient's Right of Access, a healthcare organization can deny a request to records, but there are very specific reasons and guidance to be able to deny access. In addition, the denial must be provided to a patient in written format with information on how to appeal the denial. Having a clear process for this is important to set the organization up for success when denying access
- No Formal Process - During the investigation, the organizations were all found to not have current documented policies and procedures for responding to a patient's request for a copy of his/her medical records. Healthcare organizations need to have a written policy and procedure that defines the process of receiving the request and responding to the request
- Lack of Employee Education - Lack of employee education was a finding in all of the 5 HIPAA fine scenarios. For organizations to be successful, all employees need to know and understand the requirements and the process. Training is not a one-time event, it needs to be incorporated into an annual training plan for all workforce members
Healthcare organizations of all sizes and specialties need to take swift action in order to establish a robust patient access request process. If your organization doesn't have documented policies, hasn’t educated its workforce on the requirements, or conducted audits for compliance then now is the time!
INTRODUCING...
MASTERING HIPAA PATIENT ACCESS
Quickly Reduce Your Organizations Risk for a "HIPAA Right of Access" Fine and Corrective Action Plan!
EVERYTHING INCLUDED:
Education & Guidance on Patient Access ($99 Value)
HIPAA Patient Access - Understand and Master It.
Customized Patient Access Policy & Procedure ($199 Value)
You can create your own custom Patient Access Policy and Procedure with this simple-to-follow step-by-step implementation plan.
Customized Patient Access Request Form ($99 Value)
A custom Patient Access Request Form that is fully compliant with your organization's privacy and security requirements.
Customized Patient Access Response Letters ($99 Value)
Complete patient access response Letters, customized to your organization.
Organization Workforce Training on Patient Access ($199 Value)
Critical guidance and education for your entire organization's workforce on Patient Access.
Guidance on Auditing ($99 Value)
Simple to understand and follow audit process and guidance to make sure your organization is compliant.
Sarah - Olson Dental Care
"HIPAA is a large subject and very complicated to manage on your own, and it can be overwhelming and time consuming to tackle without proper knowledge of laws and regulations. Planet HIPAA and Danika streamline the process and make it much easier to comprehend and implement!"
HIPAA COMPLIANCE EXPERT
DANIKA BRINDA, PhD
Meet Dr. Danika Brinda.
Danika has a true passion for HIPAA and is known for her ability to make HIPAA easy to understand and even fun.
She has over 15 years of experience working directly with hundreds of healthcare practices of all sizes and types.
She's successfully created multiple solutions to empower healthcare practices to quickly achieve HIPAA compliance in a simple, cost-effective way.
Her best work so far has been Mastering HIPAA Patient Access, where she helps healthcare practitioners understand how patient access can have a dramatic impact on your practice's compliance efforts.
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