Aviva violates HIPAA -- only responds after federal complaint filed

 It took a formal complaint to the Office of Civil Rights to get patient records.  It took almost 5 months when state law stipulates a maximum of 30 days.

Here is the summary of our complaint regarding Aviva:

Patient signed ROI (release of information) and was faxed to Aviva on 6-16-21.

Our ROI form simply asks for acknowledgement of the ROI at the top of the form.

Aviva has a long history of refusing to sign for the receipt of the ROI, because the know it "starts the clock on the 30 days."  They even refuse to sign it in person when the patient hands it to them, thus creating delays for multiple patients over the last few years.

Regarding the patient's fax:  We faxed on 6-30, 7-1, 7-6, 7-8, and on 7-13 with a warning that 30 days would be up on 7-16 and that complaints would be filed to the Oregon Medical Board.

Since no records were received by 7-20-21, an online complaint was filed with the OMB.

The OMB contacted us to report that Aviva "claimed" the records were sent; but they did not have to provide any proof as with a fax time stamp or mailing receipt.  Knowing full well that we still have not received the records with this complaint, they still have failed to provide us with the patient's records to this date, now over 3 months old.

We finally got the records on 12-2-21!  This is the type of hassle that we deal with Aviva and many other clinics because they refuse to help patients with chronic pain and do everything they can to hinder their care.