Since inception on Christmas Day in 2012, it has been ChartSquad’s mission to empower every patient with access to their health care data and to protect this critically important American Civil Right. A major part of that mission has been focused on educating people about their federally granted Civil Right of Access to their own healthcare data, and what to do when those Civil Rights are violated. Another critical part of our journey has been in educating medical providers of their obligation to comply with federal law in responding to any patient access request for healthcare data. Due to an apparent lack of medical provider knowledge, there is an overwhelming amount of non-compliance when responding to patient access requests. There is also a combative natural response by medical providers, and the vendors they hire, to any attempt by a patient to access this civil right. This indoctrinated landscape leaves the average patient at a complete disadvantage.  

As a direct result, ChartSquad has taken a progressive stance toward these violations. We have enabled every user of our platform to report any violation of their civil rights directly to the Office for Civil Rights (“OCR”). It is our passion to help every citizen gain full freedom and access to the rights to which they are entitled. By way of example, our patient users in 2021 alone filed nearly 2,500 violations with the OCR. While one would hope this sort of public participation would make a difference, let’s review the OCR response and explore the enforcement that has taken place.  

The OCR is the enforcement body in the United States enacted to protect every American’s Civil Rights. They have created a process by which to allow any individual to report any known violation of a patient’s civil right of access. As a result, thousands of violations are filed every year. With respect to patient access, unfortunately, the OCR has acted on just a handful of the annually reported violations: 

• In March of 2022, Doctor Donald Brockley, a dentist in Pennsylvania was finned $30,000.00 for failing to provide a patient with a copy of their records. ONE PATIENT was denied their right of access and the fine amounted to $30,000.00! This is progress! 
• Jacob and Associates, a psychiatric provider with two offices in California, was fined $28,000.00 for violating patient access rights. Not all psychiatric records are work product, and patients have a right of access to anything not specially protected like session notes! 

Millions of Americans continue to suffer from being denied access to their records:  waiting months for continued care; spending thousands of dollars on repetitive diagnostic tests; denied health coverage; delaying enrolment in school or work programs; and paying exorbitant fees just to transfer health data electronically.  We are seeing progressive enforcement of patient access rights, albeit sparingly, in the last two years.[i]  One can hope, for the sake of every person, that this enforcement becomes more standard in the industry.  

Although we would hope that those already penalized would fall in line and recognize they must comply with Federal Law, ChartSquad is not convinced. For example, Beth Israel Health, fined $70,000.00 for an 8-month delay in providing records to a patient remains non-compliant. Federal law states that providers are required to respond to patient request within 30 days.  On average, ChartSquad sees a response time of over 3 months for Beth Israel Health. The University of Cincinnati Medical Center also remains non-complaint in refusal to respond to patient access requests and utilizing delay tactics and ultimately leaving patients with no choice but to file several complaints with the OCR. We could go on and on with a laundry list of well-known healthcare networks that simply refuse to allow patients access to their critical healthcare treatment records, but this is not about finger pointing. It’s about healthcare outcomes, and ChartSquad understands how to improve them, with greater access and portability! 

We exist to Fight the Good Fight, empowering patients with knowledge and the tools to employ their federally granted civil right to access their own health information. No one should have to suffer this injustice. ChartSquad is the accessible medical records Champion, and we will fight for every citizen! 

[i] Housing Works Inc. – Fined $38,000: provided records 5 months after the initial request.

All Inclusive Medical Services Inc. – Fined $15,000: provided records 31 months after the initial request.

Beth Israel Lahey Health Behavioral Services – Fined $70,000: provided records 8 months after the initial request.

King MD – Fined $3,500: provided records 23 months after the initial request.

Wise Psychiatry PC – Fined $10,000: provided records 18 months after the initial request.

Joseph’s Hospital and Medical Center – Fined $160,000: provided records 22 months after the initial request.

NY Spine Medicine – Fined $100,000: provided records 15 months after the initial request.

Riverside Psychiatric Medical Group – Fined $25,000: provided records 19 months after the initial request.

Rajendra Bhayani – Fined $15,000: provided records 26 months after the initial request.

University of Cincinnati Medical Center – Fined $65,000: provided records 6 months after the initial request.

Elite Primary Care – Fined $36,000: provided records 13 months after the initial request.

Rainrock Treatment Center, LLC – $160,000

Robert Glaser – $100,000

Children’s Hospital & Medical Center – $80,000

Renown Health – $75,000

Sharp HealthCare – $70,000

Arbour Hosptial – $65,000

Advanced Spine & Pain Management – $32,150

Denver Retina Center – $30,000

Village Plastic Surgery – $30,000

Wake Health Medical Group – $10,000

The Diabetes, Endocrinology & Lipidology Center, Inc. – $5,000