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11th HIPAA Right of Access Enforcement Acvity

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Angela Simmons

Today marks the 16th HIPAA Enforcement activity for 2020, and the 11th enforcement activity related to the Right of Access.  Patients have a Right to Access their medical record.  Covered entities are required to provide patients with a copy of their records:

  1. In the form or format they request, if readily producible
  2. At a cost based and reasonable fee  (Not what your state allows, but what it actually costs to create the copy)
  3. In a timely manner  (Usually within 30 days, but without unreasonable day.  Can you provide it sooner?)

OCR has previously announced that there would be more aggressive enforcement of the Right of Access, and it seems they meant that - all eleven of these  cases were announced between September 9th and today. With just about 45 days left in this year, it will be interesting to see if OCR announces any new Resolution Agreements in this already banner year for enforcement activity!  Read the latest announcement from OCR here.


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