Lexology July 20, 2021
Starting in 2019, the Department of Health and Human Services Office for Civil Rights (“OCR”) has taken an increased interest in protecting patients’ right of access to protected health information (“PHI”) under the Health Insurance Portability and Accountability Act (“HIPAA”). Over the past twenty months, OCR has announced nineteen settlements under its Right of Access Initiative (“Initiative”), demonstrating OCR’s continued commitment to enforcing patients’ rights. Reed Smith has closely tracked this Initiative. Additional commentary on the Initiative and the associated settlements can be found here, and here.
Under HIPAA, “an individual has a right of access to inspect and obtain a copy of protected health information about the individual in a designated record set, for as long as the protected...