Shen Smiles, a dental practice in Tamaqua, Pa., has agreed to pay $140,000 in a settlement with HHS to resolve potential HIPAA violations.
The HHS Office for Civil Rights launched an investigation after receiving a complaint that the practice failed to provide an individual with timely access to their protected health information. Shen Smiles said it could not provide the information because an employee stole the records from the practice, according to an Oct. 8 news release from HHS.
The HIPAA Privacy Rule’s Right of Access provisions require that individuals, or their personal representatives, have access to health information within 30 days.
The investigation determined that Shen Smiles failed to implement PHI policies and procedures to comply with the Privacy and Breach Notification Rules and that the practice did not reasonably safeguard PHI from any use or disclosure that would violate the requirements of the Privacy Rule.
On July 31, 2024, the Office for Civil Rights issued a notice imposing a civil money penalty. On Aug. 11, 2026, Shen Smiles and the Office for Civil Rights resolved the enforcement action with a resolution agreement, under which Shen Smiles agreed to pay $140,000, the release said.
