Allergy Associates of Hartford has agreed to settle a case of prohibited disclosure of Protected Health Information (PHI), which resulted in a fine of $125,000.
Although the Connecticut-based allergy treatment practice agreed to settle with no admission of liability, they have agreed to entertain a heightened level of HIPAA-adherence oversight from the Office for Civil Rights (OCR) for inappropriately releasing a patient’s PHI.
The fine imposed by the OCR comes as an indirect result of the clinic’s refusal to treat a patient who was accompanied by her service animal. Upon being turned away, the patient sought out a local television station to tell her story.
The TV station then dispatched a reporter to cover the story and reach out to the allergy treatment practice for comment. Despite being advised by the clinic’s Privacy Officer that no comment was required in response to the reporter’s questions, one physician decided to address them.
Unfortunately, that proved to be an extremely costly mistake. While responding to the reporter’s inquiries, the clinic physician impermissibly exposed PHI in direct violation of HIPAA Privacy Rule – 45 C.F.R. § 164.502(a). The alleged Privacy Rule infraction was later confirmed through investigation by the OCR, as well as a failure by the clinic to apply appropriate sanctions against the physician responsible for the breach in accordance with HIPAA Privacy Rule – 45 C.F.R. §164.530(e)(l).
OCR Director Roger Severino had this to say after a copy of the civil rights complaint was issued to the Department of Justice (DOJ) in October of 2015: “When a patient complains about a medical practice, doctors cannot respond by disclosing private patient information to the media.” He cautioned physicians saying: “Because egregious disclosures can lead to substantial penalties, covered entities need to pay close attention to HIPAA’s privacy rules, especially when responding to press inquiries.”
Protecting personal information, especially where it relates to our health, is one of the most vital aspects of conducting business in an ever-evolving professional world. Sometimes it can become necessary to seek help when navigating such a potential minefield of legal ramifications.
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