UnitedHealthcare Insurance Company (UHC), a major health insurer serving millions in the U.S., has settled with the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) over a potential HIPAA violation. This marks the 45th right of access case resolved through voluntary settlement. UHC will implement a corrective action plan and pay an $80,000 settlement to resolve the investigation.
What they're saying
"Timely access to health information is one of the cornerstones of HIPAA. OCR will continue to ensure that covered entities with a record of delaying or denying access requests will be subject to enforcement," said OCR Director Melanie Fontes Rainer. "Health insurers are not exempt from the right of access and must ensure that they are taking steps to train their workforce to ensure that they are doing all they can to help members' access to health information."
Between the lines
The HIPAA Privacy Rule's right of access provision mandates that patients should be able to access their health data promptly. UHC's settlement stems from an alleged delay in providing an individual with their medical records. The person initially requested their records in January 2021 but only received them in July 2021, after OCR began its investigation.
The big picture
This isn't the first complaint against UHC regarding access rights. In fact, this was the third complaint from the same individual alleging UHC's failures to respond to their right of access. OCR's probe determined that UHC's delay in providing the requested medical records potentially violated the HIPAA right of access provision.
What's next
Beyond the $80,000 settlement, UHC has agreed to a corrective action plan, which includes a year of monitoring by OCR. Those interested can find the resolution agreement and corrective action plan here.
Understanding the Right of Access
At the heart of HIPAA is the Right of Access provision, which empowers patients by granting them the ability to access and obtain a copy of their health records from healthcare providers, health plans, and other entities. This provision underscores the importance of transparency in healthcare, ensuring patients can review their records, correct inaccuracies, and make more informed decisions about their health.
Delays or denials in providing access violate HIPAA and hinder a patient's ability to receive timely and appropriate care. Ensuring swift and secure access to medical records is paramount for patient rights and optimal healthcare outcomes.
Related: HIPAA Compliant Email: The Definitive Guide
Dean Levitt
