An Oklahoma-based multi-facility nursing care organization has settled a case with the U.S. Department of Health and Human Services (HHS) and the Office for Civil Rights (OCR). The case revolved around ensuring patients' access to health records, as stipulated under the Health Insurance Portability and Accountability Act (HIPAA) Right of Access provision.

According to an HHS news release, HIPAA guidelines mandate that patients should receive their health information within 30 days of making a request from a healthcare facility. The investigation at hand, spearheaded by OCR, pertained to a daughter acting as her mother's personal representative who was unable to obtain health records from Phoenix Healthcare for over a year despite repeated requests. This settlement marks OCR’s 47th enforcement action related to the Right of Access.

"Patients need to make the best decisions possible for their health and well-being, so timely access to their medical records is imperative," stated OCR Director Melanie Fontes Rainer. "Without this access, patients are at risk for incorrect treatments, inaccurate health records, and lack of understanding of their health conditions. It is unacceptable for a healthcare provider to delay or deny requests to release medical records for months, and we are calling on providers everywhere to be compliant to help empower patients."

The charges against Phoenix Healthcare were brought to OCR's attention in April 2019, as per the news release. When OCR stepped in and offered technical assistance to the daughter, the medical facility finally provided the requested documents 323 days later on January 30, 2020. As part of the settlement terms, Phoenix Healthcare has agreed to pay OCR $35,000. HIPAA underscores the importance of promptly providing individuals entitled to healthcare records with copies of their information. Regulated entities are required under the HIPAA privacy rule to provide an individual’s personal representative with medical records.