Right of Access

Investigations and audits are being triggered by patient complaints. One such complaint that was investigated by OCR cost the office $28,000 and were found to be violating several HIPAA regulations.

The Right of Access Rule gives patients and their representatives the right to access, inspect and obtain a copy of their own health information. When a provider receives a request for access to their medical records, they must provide the requested information within 30 days (Some states require a faster response 30 days is the HIPAA requirement).

When we discuss HIPAA most of the articles have been on security and breaches, but HIPAA goes well beyond privacy and Security.  One aspect of the HIPAA rule is the “Right of Access”.   OCR (The Office for Civil Rights – the branch of HHS the enforces HIPAA) is enforcing this law even more strongly since the 21 Century Cures Act was published.  OCR has begun to levy fines against organizations that are in violation of the “Right of Access” rule.