$100,000 Penalty Against Mental Health Center – Failure to Provide Timely Access to Records

The Office of Civil Rights (OCR) imposed a $100,000 penalty against a California mental health facility, Rio Hondo Community Mental Health Center.  The violation was levied against the practice for failure to provide a patient with timely access to their medical records.  The OCR determined through the investigation that the patient made multiple attempts to request their medical record.  Despite numerous attempts over 7 months, no records were provided.   

Right of Access to Medical Records 

Patients have a right to access their medical records. Over the last few years, the OCR has shown no tolerance for practices failing to comply with the law regarding the release of medical records. Under HIPAA Privacy Rules, patients or their personal representatives have the right of timely access to their health information. The patient or the representative must receive access within 30 days, and if there is a good cause for an extension, there can be one 30-day extension to release the records.