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September 12, 2019

Florida Hospital Sanctioned Under OCR's HIPAA "Right of Access" Initiative

Bayfront Health St. Petersburg became the first HIPAA-covered entity sanctioned by OCR as part of its Right of Access Initiative for failing to provide timely responses to patient requests for access to their medical records.  This was the first such enforcement action taken by OCR since announcing earlier this year that it would be “vigorously enforc[ing] the rights of patients to receive copies of their medical records promptly and without being overcharged.”  Through its investigation, OCR determined that Bayfront took nine months to provide a mother with access to records relating to her pregnancy, in violation of the 30-day requirement set forth in 45 CFR § 164.524(b)(2).  To settle these claims, Bayfront agreed to pay an $85,000 fine and adopt a corrective action plan, which OCR will monitor for twelve months.