OCR Settles Right-of-Access Initiative

Wednesday, November 18, 2020

The Workplace for Civil Rights (OCR) issued a press launch on November 12, 2020, asserting that it had settled its eleventh enforcement motion in its HIPAA Proper-of-Entry Initiative. The settlement with Dr. Rajendra Bhayani, an otolaryngologist (ENT) practising in Regal Park, New York, included a cost of $15,000, a corrective motion plan and two years of monitoring by the OCR.

The details behind the case are these: In September 2018, the OCR obtained a grievance from a affected person alleging that Dr. Bhayani failed to offer her with entry to her medical data after she requested them in July 2018. Following the grievance, the OCR offered technical help to Dr. Bhayani relating to compliance with the right-of-access necessities and closed the case. Just like different current settlements with the OCR, the affected person lodged a second grievance, alleging that Dr. Bhayani nonetheless had not offered her with entry to her data, and because of re-opening the file, the OCR “decided that Dr. Bhayani’s failure to offer the requested medical data was a possible violation of the HIPAA proper of entry normal.” Following the investigation, the affected person obtained a duplicate of her medical data in September 2020.

In accordance with OCR Director Roger Severino, “Physician’s workplaces, massive and small, should present sufferers their medical data in a well timed trend. We’ll proceed to prioritize HIPAA Proper of Entry circumstances for enforcement till suppliers get the message.”

Suppliers, the message is evident: fastidiously comply with HIPAA’s right-of-access necessities.