OCR Settles HIPAA Right of Access Case With Georgia Lab

January 04, 2023 - The Office for Civil Rights (OCR) announced a settlement with Georgia-based Life Hope Labs following a potential HIPAA right of access violation. Life Hope Labs, a full-service diagnostic lab in Sandy Springs, Georgia, agreed to pay $16,500 and implement a corrective action plan to resolve the investigation.

In August 2021, the personal representative of a patient’s estate filed a complaint with OCR alleging that Life Hope Labs had failed to provide her with a copy of the patient’s medical records. The patient requested the records in July 2021 but did not receive them until seven months later, in February 2022.

“OCR's investigation determined that Life Hope Labs’ failure to provide timely access to the requested medical records was a potential violation of the HIPAA right of access provision,” the announcement stated.

As part of the corrective action plan, Life Hope Labs agreed to develop, maintain, and revise its written policies and procedures to comply with federal privacy and access standards. Life Hope Labs also agreed to distribute these policies to all members of the workforce and all relevant business associates and provide workforce training.

The lab will also be required to submit an implementation report to HHS within 120 days as well as annual reports outlining the lab’s compliance efforts.

“Access to medical records, including lab results, empowers patients to better manage their health, communicate with their treatment teams, and adhere to their treatment plans. The HIPAA Privacy Rule gives individuals and personal representatives a right to timely access their medical records from all covered entities, including laboratories,” Melanie Fontes Rainer, OCR’s director, said in the announcement.

“Laboratories covered by HIPAA must follow the law and ensure that they are responding timely to records access requests.”

This settlement marked the 43rd case settled under OCR’s HIPAA Right of Access Initiative.