OCR continues to regulate cases of HIPAA right of initiative initiatives

The US Department of Health and Human Services (“HHS”) (“OCR”) Civil Rights Office recently announced further settlements related to its HIPAA initiative on right of access. The settlements with Village Plastic Surgery (“VPS”) and The Arbor, Inc. (“Arbor”) resulted in combined civil fines of $ 95,000.

These recent actions have brought the total number of actions taken by OCR under the HIPAA Right of Access Initiative to 18, bringing the total to settlements worth over $ 1 million. This is an average of about one action per month since the initial settlement in September 2019. In general, enforcement actions under the HIPAA initiative for the right of access following information security breaches have been implemented faster than other enforcement actions by HIPAA.

Acting OCR Director Robinsue Frohboese stated, “The OCR Right of Access Initiative continues to support and enforce the vital right of individuals to receive timely copies of their medical records. The insured companies must meet their HIPAA obligations and OCR will take appropriate remedial action if they fail to do so. “

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