Skip to main content
U.S. flag

An official website of the United States government

Here’s how you know

Dot gov

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

HTTPS

Secure .gov websites use HTTPS
A lock (LockA locked padlock) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

HHS.gov
  • About HHS
  • Programs & Services
  • Grants & Contracts
  • Laws & Regulations

Breadcrumb

  1. Home
  2. About
  3. News
  4. OCR Settles Three Cases with Dental Practices for Patient Right of Access under HIPAA
  • News
  • Blog
  • HHS Live
  • Podcasts
  • Media Guidelines for HHS Employees
FOR IMMEDIATE RELEASE
September 20, 2022
Contact: HHS Press Office
202-690-6343
media@hhs.gov

OCR Settles Three Cases with Dental Practices for Patient Right of Access under HIPAA

Enforcement Actions Ensure Patients Receive Timely Access to their Records, at a Reasonable Cost

Today, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced the resolution of three investigations concerning potential violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule's patient right of access provision. These cases are part of a collective effort, bringing the total 41 cases, to drive compliance on right of access under the law.

“These three right of access actions send an important message to dental practices of all sizes that are covered by the HIPAA Rules to ensure they are following the law,” said OCR Director Melanie Fontes Rainer. “Patients have a fundamental right under HIPAA to receive their requested medical records, in most cases, within 30 days. I hope that these actions send the message of compliance so that patients do not have to file a complaint with OCR to have their medical records requests fulfilled.”

OCR has taken the following enforcement actions that underscore the importance and necessity of compliance with the HIPAA Rules, including the foundational right of access provision:

  • Family Dental Care, P.C. (“FDC”), is a dental practice located in Chicago, Illinois. OCR received a complaint on August 8, 2020, alleging that FDC failed to provide a former patient with timely access to her complete medical records. The former patient requested her entire medical records in May 2020, but received only portions.  The former patient filed a complaint with OCR, and during OCR’s investigation, FDC provided her with the remainder of her records in October 2020. Thus, FDC did not provide a complete copy of the records until more than five months after the request was made. OCR's investigation determined that FDC’s failure to provide timely access to the requested medical records was a potential violation of the HIPAA right of access provision. FDC agreed to pay $30,000 and implement a corrective action plan.
  • Great Expressions Dental Center of Georgia, P.C. (“GEDC-GA”), is a dental and orthodontics provider with multiple locations throughout the state of Georgia. In November 2020, OCR received a complaint alleging that GEDC-GA would not provide an individual with copies of her medical records because she would not pay GEDC-GA’s $170 copying fee. The individual first requested her records in November 2019, but did not receive them until February 2021, over a year later. OCR's investigation determined that GEDC-GA’s failure to provide timely access to the requested medical records, and its practice of assessing copying fees that were not reasonable and cost-based, were potential violations of the HIPAA right of access provision. GEDC-GA agreed to pay $80,000 and implement a corrective action plan.
  • B. Steven L. Hardy, D.D.S., LTD, doing business as Paradise Family Dental (“Paradise”) is a dental practice in Las Vegas, Nevada.  On October 26, 2020, OCR received a complaint alleging that Paradise had failed to provide a mother with copies of her and her minor child’s protected health information. The mother submitted multiple record requests between April 11, 2020, and December 4, 2020, but Paradise did not send the records until December 31, 2020, more than eight months after her initial request. OCR's investigation determined that Paradise’s failure to provide timely access to the requested medical records was a potential violation of the HIPAA right of access provision. Paradise agreed to pay $25,000 and implement a corrective action plan.

OCR’s guidance on the right of access is available at https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/index.html.

Individuals who believe their HIPAA rights have been violated have the right to file a complaint with OCR.

###
Note: All HHS press releases, fact sheets and other news materials are available at https://www.hhs.gov/news.
Like HHS on Facebook, follow HHS on Twitter @HHSgov, and sign up for HHS Email Updates.
Last revised: September 20, 2022

Sign Up for Email Updates

Receive the latest updates from the Secretary, Blogs, and News Releases

Sign Up

Subscribe to RSS

Receive latest updates

Subscribe to our RSS

Related News Releases

  • HHS’ Office for Civil Rights Settles First Ever Phishing Cyber-Attack Investigation

  • HHS’ Office for Civil Rights Settles HIPAA Investigation of St. Joseph’s Medical Center for Disclosure of Patients’ Protected Health Information to a News Reporter

  • HHS Office for Civil Rights Settles with L.A. Care Health Plan Over Potential HIPAA Security Rule Violations

Related Blog Posts

  • HHS Blog thumbnail

    Reflecting on Cybersecurity Awareness Month

  • HHS Blog thumbnail

    Improving the Cybersecurity Posture of Healthcare in 2022

Media Inquiries

For general media inquiries, please contact media@hhs.gov.

Content created by Office for Civil Rights (OCR)
Content last reviewed September 20, 2022
Back to top
  • Contact HHS
  • Careers
  • HHS FAQs
  • Nondiscrimination Notice
  • HHS Archive
  • Accessibility
  • Privacy Policy
  • Viewers & Players
  • Budget/Performance
  • Inspector General
  • Web Site Disclaimers
  • EEO/No Fear Act
  • FOIA
  • The White House
  • USA.gov
  • Vulnerability Disclosure Policy

Sign Up for Email Updates

Receive the latest updates from the Secretary, Blogs, and News Releases.

Sign Up
HHS Logo

HHS Headquarters

200 Independence Avenue, S.W.
Washington, D.C. 20201
Toll Free Call Center: 1-877-696-6775​