Access Denied? Navigating HIPAA’s Right of Access

The Office for Civil Rights continues its initiative to enforce the individual’s right of access under HIPAA. With 27 enforcement actions already levied against HIPAA covered entities, including a settlement of $200,000 for failure to provide records to only two individuals, covered entities face significant financial risks and operational issues related to compliance with the right of access. Not only can failure to provide timely and complete access to a patient’s designated record set implicate liability under HIPAA, but now it can also implicate liability under the 21st Century Cures Act Information Blocking Rule.

Covered entities often struggle to timely produce all records that are within scope of a patient’s right of access due in part to a lack of clarity surrounding the definition of “designated record set.” Join us to learn how to distinguish patient access requests from other requests for information, compare the requirements of the Information Blocking Rule versus HIPAA’s right of access, discuss the challenges with defining the designated record set and walk through common scenarios that may give rise to liability.

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