According to a January 4, 2024, article from the U.S. Department of Health and Human Services Office for Civil Rights, there were Multiple HIPAA Complaints against Optum Medical Care Over patient access to records.
Optum Medical Care (formerly Riverside Medical Group and Riverside Pediatric Group) is in New Jersey and is a multi-specialty physician group serving patients throughout New Jersey and Southern Connecticut.
Following the review of the complaints about not providing parents and patients with their medical records in a timely manner, it was noted that they received their requested medical records between 84 and 231 days after their respective requests were submitted.
Those timeframes are well outside of the Health Insurance Portability and Accountability Act (HIPAA) Right of Access requirement that providers must provide access to medical records requested no later than 30 calendar days from receiving the individual’s request.
OCR’s investigation determined that Optum Medical Care’s failure to provide timely access to the requested medical records violated HIPAA.
After acknowledgment of the medical records violation, a settlement of $160,000 was reached to resolve multiple complaints filed with OCR about potential violations of the HIPAA Privacy Rule’s Right of Access provision.
Optum has also agreed to implement a corrective action plan that requires workforce training, reporting records requests to OCR, and reviewing and revising its right of access policies and procedures to provide timely responses to requests. Under the plan, OCR will monitor Optum Medical Care for one year.
OCR Director Melanie Fontes Rainer reminds healthcare providers that “they must make responding to parents or patients request to access their medical records in a timely manner a priority.”
Under the HIPPA guidelines, “access to medical records is a fundamental right” and one for which OCR receives thousands of complaints each year. For providers to be compliant with this law they must proactively respond to record requests and ensure timely access.
Access to medical records empowers patients and their families to make decisions about their health care and improve their health overall. It is critical that providers follow the law.
For a copy of the resolution agreement and corrective action plan, click here.
