May OCR Settlements
Following a month without any OCR Settlements in April 2021, there was only one settlement reached throughout the month of May. Though unlike the theme of most of the resolutions over the past year, this settlement between a laboratory and the OCR followed an audit and then findings of potential violations of the HIPAA Security Rule, not a Right of Access Initiative complaint. We’ll go through all the details of this settlement down below!
Peachstate Health Management, LLC
A Georgia-based clinical laboratory, Peachstate Health Management, doing business as AEON Clinical Laboratories (Peachstate) has reached a settlement with the Office of Civil Rights (OCR) following a potential violation of the HIPAA Security Rule. Peachstate, which provides laboratory services for both diagnostic, clinical, and genetic testing purposes, has agreed to pay $25,000 to the OCR, as well as implement a full corrective action plan.
This settlement is the result of a compliance review that the OCR launched in December 2017 which investigated Peachstate’s adherence to HIPAA’s Privacy and Security Rules. At that time the investigation revealed Security Rule non-compliance on a systematic level. A few of the specific issues included the lack of an enterprise-wide risk analysis, failure to implement proper risk management and audit controls, and inability to provide proper documentation of the policies and procedures of the HIPAA Security Rule.
As a result of this 2017 audit, and the potential violations that were found, the OCR and Peachstate have reached the aforementioned agreement of a $25,000 settlement, which also includes implementing a corrective action plan and 3 years of monitoring by the OCR. More details on this resolution agreement can be found here.