HHS notified Dr. Brockley on Nov. 3, 2020, that it was imposing a $104,000 civil money penalty against him for failing to comply with the right-of-access provision. He then requested a hearing before an administrative law judge to contest the civil money penalty, according to the settlement agreement.
The litigation was resolved before the court made a determination, and Dr. Brockley agreed to a $30,000 settlement amount as well as to take corrective actions to comply with the HIPAA Privacy Rule’s right-of-access standard, the press release reported.
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