The Office for Civil Rights announced it reached a settlement with Rajendra Bhayani, MD, a private practice otolaryngology specialist based in Rego Park, New York for $15,000 and a corrective action plan to resolve allegations of potential HIPAA right of access failures.

The access failure occurred despite the practice receiving a letter from the agency that asserted they were obligated to provide the patient with her records in October 2018. The patient filed a second complaint with OCR in July 2019 that alleged she still had not received her medical records from the specialist.

“Doctors’ offices, large and small, must provide patients their medical records in a timely fashion” said OCR Director Roger Severino, in a statement. “We will continue to prioritize HIPAA Right of Access cases for enforcement until providers get the message.”

The settlement is the eleventh enforcement action taken under the agency’s 2019 Right of Access Initiative and the second announced in the last month. The initiative is designed to empower patients with access to their Protected Health Information in a designated record set, as required by HIPAA.

Security and compliance are first and foremost in the management of our clients' systems. After conducting thousands of SRAs, common vulnerabilities began to emerge. We launched HIPAA Tip Tuesday to make clients aware of what actions they can take to address these vulnerabilities.

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