The U.S. Department of Health and Human Services (HHS) has declared a settlement with Optum Medical Care of New Jersey, a multi-specialty physician group serving patients throughout New Jersey and Southern Connecticut, under the Health Insurance Portability and Accountability Act (HIPAA). The Office for Civil Rights (OCR) supported this announcement.

In an HHS press release, it was revealed that Optum Medical Care, previously operating as Riverside Medical Group and Riverside Pediatric Group, did not provide patients with access to their medical records within the stipulated 30-day period. As part of the settlement, the company will pay $160,000 and implement measures to ensure compliance with HIPAA guidelines. This marks the 46th instance of OCR enforcing its right of access action, which Optum Medical Care violated.

"Health care providers must make responding to parents’ or patients’ requests for access to their medical records in a timely manner a priority," stated OCR Director Melanie Fontes Rainer. "Access to medical records is a fundamental right under HIPAA, and one for which OCR receives thousands of complaints each year. This is the law—providers must proactively respond to record requests and ensure timely access. Access to medical records empowers patients and their families to make decisions about their health care and improve their health overall. It is critical that providers follow the law."

According to a news release, OCR initiated an investigation in February 2022 after receiving six complaints about Optum Medical Care's failure to provide copies of health records upon patient request. Investigators found that patients were gaining access to medical records between 84 and 231 days after they had submitted their requests. The HIPAA right of access rule mandates that healthcare providers must furnish patients with medical records within 30 days of their request - a regulation that Optum Medical Care of New Jersey failed to adhere to.