What to know about HIPAA right of access

Dental practice faces $70,000 fine for allegedly violating Privacy Rule

Patients have the right to access their health records under the Health Insurance Portability and Accountability Act’s Privacy Rule, and covered health care providers could face fines if they fail to provide them with timely access.

In October, the U.S. Department of Health and Human Services’ Office for Civil Rights imposed a $70,000 penalty against a Maryland dental practice for allegedly violating Privacy Rule requirements.

The rule’s right of access provisions state that individuals and their personal representatives have the right to inspect and obtain a copy of their protected health information within 30 days of requesting access from their health care provider. The deadline can be extended once by another 30 days, and providers can charge a reasonable fee to cover the costs associated with providing access.

The Office for Civil Rights investigation was prompted by a complaint from a patient who alleged the practice did not provide her with access to her and her children’s records. The Office for Civil Rights first sent a letter to the practice notifying it of its obligation to respond to requests for health records. After receiving a second complaint from the patient, the office opened an investigation, which led to the penalty.

To learn more about patients’ right of access under the Privacy Rule, visit hhs.gov.

The Office of the National Coordinator for Health Information Technology’s 21st Century Cures Act also includes provisions related to patients’ access to health information. It prohibits information blocking, which consists of practices that are likely to interfere with the access, exchange or use of electronic health information.

The American Dental Association offers resources related to information blocking at ADA.org. These resources include a webinar, Advancing Information Sharing and Understanding the Information Blocking Regulations, that covers key aspects of information blocking regulations and explains how the Cures Act applies to dental practices.