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September 23, 2022

OCR Settles with Three Dental Practices on HIPAA Right of Access

In 2019, OCR announced that enforcing individuals’ right to access to their health records at a reasonable cost as provided under the HIPAA Privacy Rules would be an enforcement priority. Earlier this week, the U.S. Department of Health and Human Services' Office for Civil Rights (“OCR”) announced that it has resolved its thirty-nineth, fortieth, and forty-first investigations related to the HIPAA Right of Access. All three settlements were with dental practices – Family Dental Care, P.C., in Chicago, Great Expressions Dental Center of Georgia, P.C., in Georgia, and B. Steven L. Hardy, DDS, LTD, in Las Vegas. All three settlements included an agreement to implement corrective action and to pay fines that ranged from $25,000 to $80,000. OCR Director, Melanie Fontes Rainer, emphasized that patients have a right to obtain their medical records timely under HIPAA and that OCR was sending a message on the agency’s expectation for compliance as detailed in agency guidance.

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