The Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services (“HHS”) has announced three more settlements with dental practices as part of its enforcement initiative of the individual access provision of HIPAA. Under this provision of the privacy rule, individuals have the right to access their protected health information (PHI), in most cases, within 30 days. These settlements bring the total number of settlements that OCR has reached under this initiative to forty-one.
OCR’s latest three settlements involve dental practices: Family Dental Care, P.C., in Chicago, IL, Great Expressions Dental Center of Georgia, P.C., and B. Steven L. Hardy, D.D.S., LTD, d/b/a Paradise Family Dental in Las Vegas, NV. Although these practices are HIPAA-covered entities, they failed to allow patients timely access to their complete medical records as required by the individual access provision of HIPAA. Under the terms of each settlement, each practice agreed to pay between $30,000 and $80,000 and submit to a corrective action plan (CAP) approved by OCR. Under the terms of each CAP, the dental practices must:
- Revise their policies and procedures related to individuals’ rights to access their PHI;
- Incorporate their revised policies and procedures into HIPAA training materials; and
- Provide annual HIPAA training to workers.
Although OCR’s recent enforcement initiative concerning the individual’s right to access PHI has focused on healthcare providers, including dental practices, health plans also are subject to these requirements as covered entities. Likewise, business associates have access obligations set forth in their business associate contracts. As OCR lists access rights to PHI as one of the five most common HIPAA violations alleged in its complaints in 2020, plans should ensure that they have policies to avoid this type of violation. OCR also has provided guidance for covered entities on individuals’ right to access PHI.
HBL has experience in all areas of benefits and employment law, offering a comprehensive solution to all your business benefits and HR/employment needs. We help ensure you are in compliance with the complex requirements of ERISA and the IRS code, as well as those laws that impact you and your employees. Together, we reduce your exposure to potential legal or financial penalties. Learn more by calling 470-571-1007.
Hall Benefits Law, LLC
