April 5, 2022
Sent VIA Certified Mail, Return Receipt Requested and
Attn: Dr. Anthony DeCeanne
A.C.P.M. Podiatry Group, Ltd.
5017 N. Glen Park Pl.
Peoria, IL 61614
Re: OCR Transaction Number: 19-343845
Notice of Final Determination
Dear Dr. DeCeanne:
Pursuant to the authority delegated by the Secretary of the United States Department of Health and Human Services (HHS) to the Director of the Office for Civil Rights (OCR), I am writing to inform you that the civil money penalty (CMP) of $100,000.00 against A.C.P.M. Podiatry Group, Ltd. (hereafter referred to as "ACPM") is final. This letter also contains instructions for ACPM to make payment of the CMP amount.
I. ACPM’s Failure to Request a Hearing
By letter dated July 13, 2021, OCR issued ACPM a Notice of Proposed Determination (attached hereto), informing it that OCR was proposing to impose a CMP in the amount of $100,000.001 based on the findings of noncompliance specified in the letter. The Notice of Proposed Determination stated that ACPM had a right to request a hearing on the proposed CMP within ninety (90) days of the date of receipt of the letter and provided instructions on requesting a hearing with the Departmental Appeals Board. The Notice of Proposed Determination further advised that failure to request a hearing within this time period could result in the imposition of the proposed CMP without a hearing under 45 C.F.R. § 160.504 or the right of appeal under 45 C.F.R. § 160.548. ACPM received the Notice of Proposed Determination on July 13, 2021 when it was delivered by email and on July 17, 2021, when it was delivered by certified mail, return receipt requested. On July 15, 2021, the Notice of Proposed Determination was delivered by a duly registered process server to ACPM’s registered agent, Troy Pudik, of Elias, Meginnes, & Seghetti, P.C. ACPM failed to file a timely request for a hearing in accordance with the instruction in the Notice of Proposed Determination.
II. No Right of Appeal
ACPM has no right to appeal the imposition of the CMP under 45 C.F.R. § 160.548 since ACPM failed to timely request a hearing.
III. Instructions for Payment of the CMP Amount
Payment of the full and aggregate amount of $100,000.00 is due upon ACPM’s receipt of this Notice of Final Determination. Payment can be made in accordance with the instructions on Exhibit 1 to this Notice.
IV. Consequences of Nonpayment
In the event that payment is not received upon ACPM’s receipt of this Notice of Final Determination, the amount of the penalty may be deducted from any sum then or later owing by the United States or by a State agency, and a civil action may be brought in the United States District Court to recover the amount of the penalty.
V. The Legal Basis for This Action
This action is being taken under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), § 262(a), Pub.L. 104-191, 110 Stat. 1936, as amended, codified at 42 U.S.C. § 1320d-5, and under the enforcement regulations at 45 C.F.R. Part 160, subpart D. The Secretary of HHS is authorized to impose CMPs (subject to the limitations at 42 U.S.C. § 1320d-5(b)) against any covered entity, as described at 42 U.S.C. § 1320d-l(a), that violates a provision of Part C (Administrative Simplification) of Title XI of the Social Security Act. See 42 U.S.C. § 1320d- 5(a), as amended. This authority extends to violations of the regulations commonly known as the Privacy Rule promulgated at 45 C.F.R. Part 160 and subparts A and E of Part 164, pursuant to Section 264(c) of HIPAA. The Secretary has delegated enforcement responsibility for the Privacy Rule to the Director of OCR. See Office for Civil Rights; Statement of Delegation of Authority, 65 Fed. Reg. 82381 (Dec. 28, 2000).
If you have any questions regarding this matter, please contact Barbara Stampul, Regional Manager, OCR, Southeast Region, at (404) 562-2799.
Lisa J. Pino
Director, Office for Civil Rights
Enclosures: Exhibit 1 – Payment Instructions
Attachment – Notice of Proposed Determination
1. Please note that OCR’s civil monetary penalties for HIPAA violations have been adjusted for inflation for 2021. However, because OCR issued the Notice of Proposed Determination before the 2021 civil monetary penalties took effect, there is no change to the maximum CMP in this case. See 86 FR 62936-62937 (November 15, 2021).
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