West Virginia lab settles HIPAA investigation after taking 2 years to provide patients' records

The Diabetes, Endocrinology & Lipidology Center has agreed to pay $5,000 in a settlement to HHS' Office for Civil Rights for a potential HIPAA violation.

In a June 2 news release, HHS said it settled the violation review after nearly three years of investigating the Martinsburg, W.Va., medical center for failing to comply with HIPAA regulations.

Four details:

  1. In August 2019, a complaint was filed with OCR alleging the center failed to provide medical records in a timely manner. A parent made a request in July 2019 for a copy of her minor child's records. OCR launched an investigation and determined the center failed to provide timely access to the requested medical records — a potential violation of HIPAA.

  2. As a result of OCR's investigation, the center provided the requested records in May 2021 — nearly two years after the parent's request.

  3. "It should not take a federal investigation before a HIPAA-covered entity provides a parent with access to their child's medical records," said Robinsue Frohboese, acting OCR director. "Covered entities owe it to their patients to provide timely access to medical records."

  4. In addition to the $5,000 settlement, the medical center has agreed to participate in a corrective action plan and two years of monitoring.

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