Last month the HHS Office for Civil Rights (OCR) announced its seventh settlement agreement of the year for alleged HIPAA violations, but probably its first that began with a dog.
The dog in question is Ziva, a service animal owned by Danyelle Carter, a 28-year-old Hartford, Connecticut resident. Three years ago, she was turned away from an appointment with her allergist who later disparaged her during a call with a TV reporter.
OCR deemed the phone call to be a HIPAA violation, because Carter didn’t agree that Dr. Michael Krall could share her medical issues or protected health information (PHI). For this transgression, Allergy Associates of Hartford PC paid $125,000 and agreed to follow a corrective action plan (see story, p. 1). Carter also submitted a complaint to the Department of Justice (DOJ) alleging Krall violated the Americans with Disabilities Act (ADA) by barring the dog. This is ongoing.
As a result of this settlement, covered entities (CE) and business associates might be thinking more about how to handle press calls—and service animals, for that matter.
