Reference no: EM133620470

Assignment:

Hypothetical 3: Assume that a covered hospital for some reason dislikes giving patients access to their medical records as is required of the hospital by 45 C.F.R. 164.524 of the HIPAA Privacy Rule. Further assume that 315 hospital patients who need access to their medical records for a variety of reasons (e.g., some are moving and want copies of their hospital medical records; some are transferring to other hospitals and/or other physicians in town and want to give those new hospitals and/or physicians their medical records; some simply want copies of their own medical records for personal reasons) are refused access. Moreover, assume that the care of some of the patients who are transferring to new hospitals and/or physicians is delayed as a result of the access refusal. Finally, assume that one patient actually dies while the patient's subsequent treating physician waits to receive a copy of the patient's medical record from the covered hospital.

Please explain whether you would:

• only provide technical assistance to the covered entity;
• pursue a settlement ("resolution agreement") in lieu of a civil money penalty (CMP);
• pursue a CMP, and/or
• refer the case to the DOJ for criminal penalties.

Further explain the range of CMP that may be appropriate and, if applicable, the range of criminal penalty (including prison time and criminal fines) that may be appropriate.

Finally, put your "defense lawyer" hat on and identify any factors relevant to the defendant covered entity that you feel weigh in favor of a lower (versus a higher) civil and/or criminal penalty.