The HIPAA Right of Access Initiative allows patients the right to timely access to their health records at a reasonable cost and in the manner in which they request it [emphasis intentional], or they may file a complaint with the Office of Civil Rights at the US Department of Health and Human Services.
This article summarizes five cases of a total of seven enforcement actions completed under this initiative that appear to be against practices (two medical, three behavioral health/psychiatry). The practices apparently withheld from patients their medical records or access to those records. The total fines levied is $136,500 and two providers were required to prepare corrective action plans.
HHS concluded that these enforcement actions are “designed to send a message” to the healthcare industry. We strongly suggest your practice maintain and regularly review requests for medical records from patients as well as providers to assure you are meeting the letter and intent of the HIPAA Right of Access Initiative. You can read about the Initiative by clicking here.