November 30, 2020

Volume X, Number 335

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OCR Settles with NY Spine for Failure to Provide Access to Records

Continuing its enforcement priority of assisting patients with obtaining access to their health records, the Office for Civil Rights (OCR) recently settled its ninth case with a covered entity that it alleged failed to provide proper access of health records to a patient.

NY Spine Medicine, a medical practice providing neurological and pain management series to patients in New York and Florida, agreed to settle allegations of failing to provide a patient access to her medical records for $100,000 and a corrective action plan.

The OCR alleges that the patient made multiple requests for her medical records from NY Spine Medicine in 2019, but the patient did not receive the diagnostic films she specifically requested. She complained to the OCR which started an investigation. The OCR determined that “NY Spine’s failure to provide timely access to all of the requested medical records was a potential violation of the right of access standard. As a result of OCR’s investigation, the complainant received all of the requested medical records in October 2020.”

The OCR has made it very clear that providing patients with timely access to their health information is a high priority, so careful consideration of this priority is essential when responding to patients’ requests for their records.

Copyright © 2020 Robinson & Cole LLP. All rights reserved.National Law Review, Volume X, Number 297
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About this Author

Linn F. Freedman, Robinson Cole Law Firm, Cybersecurity and Litigation Law Attorney, Providence
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Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She provides guidance on data privacy and cybersecurity compliance to a full range of public and private clients across all industries, such as construction, education, health care, insurance, manufacturing, real estate, utilities and critical infrastructure, marine, and charitable organizations. Linn is a member of the firm's Business Litigation Group and chairs its Data Privacy + Cybersecurity Team. She is also a member of the Financial Services Cyber-Compliance Team (CyFi ...

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