It seems like every day; I see a post on social media about releasing records. Comments range from another provider won’t release the records to how much can we charge for records. I have had doctors tell me that their chart notes belong to the doctor and the patient does not have any right to those notes. Well, the Office of Civil Rights and as well the Office of National Coordinator have a different opinion on releasing records.
Under the Health Insurance and Portability Accountability Act as well as the 21 Century Cures act, access by the patient to their records is critical. And patients are becoming educated on their rights to receive their records.
On October 18, 2024, the Office of Civil Rights that oversees HIPAA announced its 50th enforcement and the 9th one for 2024 involving a dentist who was fined $70,000 for failing to release the records in a timely manner. It is noted that originally the practice was facing a fine of 7,676,692 but it was reduced to the $70,000.
The patient originally requested the records of her children be emailed to her on or about April 8, 2019. In response the practice emailed the mother with the dates that they had visited the practice, but not the records. The mother again requested the records and filed a complaint on May 1, 2019. OCR provided technical assistance which is basically a memo saying what the practice is required to do and closed the case.
In June and August, the parent made additional request for the records to be emailed to her, however the practice did not provide the records. The doctor indicated that the patient would not pay the $25 administration fee that the practice charges to send the records by certified mail. OCR ruled that the $25 charge was excessive and inappropriate as the parent had requested the records be emailed.
OCR indicated that the practices assertion that they did not have a secure website, or encrypted email does not relieve the practice from the right of access requirements.
Key take aways from this fine: 1) patients are entitled to their records. 2) practices in 2024 should have encrypted email. 3) If patients request their records to be emailed, they should be emailed. 4) patients should not be charged more than $6.50 for the records unless the practice can document that it costs more. The reality is that in most cases it takes a few clicks to send records and patients should not be charged for their records. 5) Patients are educated and will file complaints.