Eye-popping fines over violations of the right of access portion of the federal HIPAA healthcare law aren’t exactly common, and a recent slate of fines and settlements show that most healthcare providers can avoid six-figure penalties by simply trying to do the right thing.
The Department of Health and Human Services Office for Civil Rights (OCR) announced 11 enforcement actions against healthcare providers across the country for alleged violations of the HIPAA privacy rule right of access provisions in June 2022.
Buried within the various resolutions and corrective action plans were notices of proposed determination and final determination for ACPM Podiatry Group and Dr. Anthony DeCeanne. The practice was hit with a $100,000 civil monetary penalty (CMP). The maximum CMP amount that could have been imposed on ACPM with regard to the violation described is about $3.6 million.
One mitigating factor mentioned in the determination was the global pandemic and its effect on healthcare operations. How much of a role did that play in OCR’s CMP decision?
Following the facts
Based on the Findings of Facts outlined by OCR, ACPM’s actions appear to have clearly violated the right of access provisions of the HIPAA privacy rule.
The original…
