The U.S. Department of Health and Human Services' Office for Civil Rights reached a settlement with a Pennsylvania counselor regarding a potential breach of the right of access clause of the Health Insurance Portability and Accountability Act's Privacy Rule.
David Mente, MA, LPC, a licensed counselor offering psychotherapy services in Pittsburgh, Pa., is required to pay a $15,000 resolution fee, create a corrective action plan to comply with the HIPAA Privacy Rule and reply to the right of access request without delay, according to a May 8 news release. A complaint was made in December 2017 saying Mente refused to give a father's personal representative access to the medical records of his three minor children.
“Under HIPAA, parents, as the personal representatives of their minor children, generally have a right to access their children’s medical records," U.S. Office for Civil Rights Director Melanie Fontes Rainer said in the release. "It should not take an individual or their parent representative nearly six years and multiple complaints to gain access to patient records. HIPAA regulated entities should be proactive and work to ensure patients and their representatives can access records.”
Mente received technical assistance from the Office for Civil Rights regarding the right of access requirements of the HIPAA Privacy Rule, and the complaint was resolved, according to the release.
In April 2018, the father asked for his children's data once more. Mente still did not comply with the request, which prompted the father to file a second complaint, the release said. Following an investigation into this complaint, the Office for Civil Rights found Mente may have violated the HIPAA right of access clause by failing to grant timely access to the requested medical records.
As part of the settlement, Mente has committed to implementing measures to prevent similar violations in the future, the release reported. The corrective action plan will help establish protocols that adhere to the HIPAA Privacy Rule, facilitating efficient and timely access to patient records.
HIPPA mandates patients have quick access to their health information, the release said. With the goal of enhancing regulated companies' adherence to the law, the Office for Civil Rights' HIPAA Right of Access Initiative has already successfully handled 44 cases.
